Pipeline Safety: Safety of Gas Gathering Pipelines: Extension of Reporting Requirements, Regulation of Large, High-Pressure Lines, and Other Related Amendments, 63266-63299 [2021-24240]
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Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 191 and 192
[Docket No. PHMSA–2011–0023; Amdt. Nos.
191–30; 192–129]
RIN 2137–AF38
Pipeline Safety: Safety of Gas
Gathering Pipelines: Extension of
Reporting Requirements, Regulation of
Large, High-Pressure Lines, and Other
Related Amendments
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Final rule.
AGENCY:
PHMSA is revising the
Federal Pipeline Safety Regulations to
improve the safety of onshore gas
gathering pipelines. This final rule
addresses Congressional mandates,
Government Accountability Office
recommendations, and public input
received as part of the rulemaking
process. The amendments in this final
rule extend reporting requirements to all
gas gathering operators and apply a set
of minimum safety requirements to
certain gas gathering pipelines with
large diameters and high operating
pressures. The rule does not affect
offshore gas gathering pipelines.
DATES: The effective date of this final
rule is May 16, 2022. The Director of the
Federal Register approved the
incorporation by reference of certain
material listed in this rule as of April
14, 2006.
FOR FURTHER INFORMATION CONTACT:
Technical questions: Steve Nanney,
Project Manager, by telephone at 713–
272–2855.
General information: Sayler Palabrica,
Transportation Specialist, by telephone
at 202–366–0559.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Executive Summary
A. Purpose of the Regulatory Action
B. Summary of the Major Provisions of the
Regulatory Action
C. Costs and Benefits
II. Background
A. Detailed Overview
B. Advance Notice of Proposed
Rulemaking
C. Pipeline Safety, Regulatory Certainty,
and Job Creation Act of 2011
D. Government Accountability Office
(GAO) Recommendations
E. Notice of Proposed Rulemaking
F. Protecting our Infrastructure of Pipelines
and Enhancing Safety Act of 2020
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III. Analysis of NPRM Comments, GPAC
Recommendations, and PHMSA
Response
A. Reporting Requirements—§§ 191.1,
192.5, 191.17, and 191.29
B. Gathering Line Definitions—§§ 192.3
and 192.8
C. Expanded Scope of Gas Gathering Line
Regulations—§ 192.8
D. Safety Requirements for Newly
Regulated Gas Gathering Lines—
§§ 192.9, 192.13, 192.18, 192.452, and
192.619
IV. Section-By-Section Analysis
V. Availability of Standards Incorporated-byReference
VI. Regulatory Analysis and Notices
I. Executive Summary
A. Purpose of the Final Rule
This final rule responds to
Government Accountability Office
(GAO) recommendations and a
Congressional mandate by extending
existing design, operational and
maintenance, and reporting
requirements under the Federal Pipeline
Safety Regulations to onshore natural
gas gathering pipelines (‘‘gathering
lines’’) in rural areas. Increasingly,
many of these gathering lines have
design and operating parameters that are
similar to natural gas transmission lines
(‘‘transmission lines’’), which pose an
increased risk to public safety and the
environment. PHMSA expects the
regulatory amendments in this final rule
will reduce the frequency and
consequences of failures of onshore gas
gathering lines and in turn reduce the
likelihood of gas-related releases and
incidents. The requirements in the final
rule are designed to prevent and detect
threats to pipeline integrity, improve
public awareness of pipeline safety, and
improve emergency response to pipeline
incidents. PHMSA expects this final
rule, therefore, will (1) improve public
safety; (2) reduce threats to the physical
environment (including, but not limited
to, greenhouse gas emissions released
during natural gas gathering line
incidents); and (3) promote
environmental justice for minority
populations, low-income populations,
and other underserved and
disadvantaged communities.
Gas gathering lines are pipelines used
to transport natural gas from a current
production facility to a transmission
line or distribution main lines (‘‘main
lines’’). Generally, these pipelines are
used to collect unprocessed gas from
production facilities for transport to a
gas treatment plant or other facility.
From there, the natural gas is separated
from petroleum liquids, water, and
other impurities to prepare the gas for
further transportation and sale. In the
Federal Pipeline Safety Regulations (49
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Code of Federal Regulations (CFR) parts
190 through 199), gas gathering lines are
distinct from gas transmission pipelines
which are defined in § 192.3 as
pipelines that: (1) Transport gas from a
gathering line or storage facility to a
distribution center, storage facility, or
large volume customer that is not
downstream from a distribution center;
(2) operate at a hoop stress of 20 percent
or more of specified minimum yield
strength (SMYS); 1 or (3) transport gas
within a storage field.
Section 192.5 divides gas
transmission and gathering lines into
class locations based on the number of
dwellings near the pipeline. These range
from rural Class 1 to densely populated
Class 4 locations. Class locations are
defined in § 192.5. A Class 1 location is
an offshore pipeline or an onshore
pipeline that has 10 or fewer buildings
intended for human occupancy within a
1-mile-long class-location unit. Unlike
transmission lines, which are regulated
regardless of location, gathering lines in
rural Class 1 locations are exempt from
Federal pipeline safety and reporting
regulations in parts 191 and 192.
However, PHMSA has authority under
49 U.S.C. 60102(a)(2) to issue safety
regulations for pipeline transportation
and pipeline facilities, including nonrural gathering lines and rural gathering
lines designated by the Secretary as
‘‘regulated gathering lines’’ under 49
U.S.C. 60101(a)(21) and (b). Section
60117(b)(2) also authorizes DOT to
require owners and operators of
gathering lines, including rural
gathering lines that have not been
defined as regulated gathering lines, to
submit information pertinent to its
ability to make a determination as to
whether and to what extent to regulate
gathering lines.
Prior to 2005, U.S. gas production had
been stagnant since a peak in the early
1970s.2 The gathering lines that
received gas from conventional wells
typically had smaller diameters than gas
transmission lines and operated at lower
pressures. All else equal, a smaller
diameter and lower pressure pipeline
will release less gas and energy during
an incident compared with a larger
diameter pipeline with a greater
operating pressure, such as a major
transmission line. As a result, gathering
lines located in Class 1 locations were
1 SMYS is defined in § 192.3 and refers to the
minimum force required to deform permanently the
material as specified in the applicable design codes.
2 See U.S. Energy Information Administration
(EIA), ‘‘Natural Gas Explained—U.S. natural gas
consumption, dry production, and net imports,
1950–2019,’’ https://www.eia.gov/energyexplained/
natural-gas/where-our-natural-gas-comes-from.php
(accessed Nov. 3, 2020).
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thought to pose relatively low risk to the
public and the environment; therefore,
gathering lines in Class 1 locations were
exempt from reporting and safety
requirements in the Federal Pipeline
Safety Regulations. On the other hand,
to account for the risks related to their
physical, functional, and operational
characteristics, transmission pipelines
have been subject to PHMSA regulations
regardless of their location.
Regardless of their size, regulated
gathering lines are required to comply
with safety reporting requirements and
minimum safety standards in parts 191
and 192. Section 192.8(b) currently
provides for two categories of regulated
onshore gathering lines. Type A
gathering lines are located in Class 2,
Class 3, or Class 4 locations (see § 192.5)
that operate at relatively higher stress
levels. Section 192.9(c) subjects Type A
regulated gathering lines to the same
requirements as gas transmission
pipelines, with a few exceptions, due to
the high potential consequences of an
incident on a high-stress pipeline in a
populated area. Type B gathering lines
are lower-stress pipelines in Class 3,
Class 4, and certain Class 2 locations.
Section 192.9(d) subjects Type B to a
less comprehensive set of requirements
since such pipelines operate at lower
stress levels than transmission
pipelines. As stated above, gathering
lines in Class 1 locations are excluded
from the reporting and safety standards
contained in parts 191 and 192. In a
2006 final rule, PHMSA determined that
the potential consequences of a release
of a smaller-diameter pipeline with a
lower maximum allowable operating
pressure (‘‘MAOP’’), in a sparsely
populated area, would be minimal.3
Due to new drilling technologies and
changing demand factors, domestic gas
production has been surging since
approximately 2006.4 Besides larger
overall production volumes, new
drilling technologies have also greatly
increased the volume of gas that can be
extracted from a single production site.5
As a result, the volume of gas
transported by gathering lines have also
increased significantly. In order to
transport this additional volume, some
gas gathering lines are now constructed
with large-diameter pipe and operating
pressures comparable to large, interstate
3 Gas Gathering Line Definition; Alternative
Definition for Onshore Lines and New Safety
Standards, 71 FR 13289, 13291 (Mar. 15, 2006).
4 EIA, ‘‘U.S. Natural Gas Marketed Production,’’
https://www.eia.gov/dnav/ng/hist/n9050us2a.htm.
(accessed Nov. 9, 2020).
5 EIA, ‘‘Hydraulically fractured horizontal wells
account for most new oil and natural gas wells,’’
https://www.eia.gov/todayinenergy/
detail.php?id=34732 (Jan. 30, 2018).
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gas transmission pipelines. For
example, the National Association of
State Pipeline Safety Representatives
(NAPSR) 6 Resolution 2010–2 AC–2
notes that members have observed rural
gathering lines as large as 30 inches in
diameter with a MAOP as high as 1480
psi.7 The potential safety and
environmental consequences of a gas
pipeline rupture are proportional to the
pipeline’s diameter and operating
pressure. Large diameter gathering lines
are still exempt from the requirements
in parts 191 and 192 if they are located
in Class 1 locations despite their
physical and functional similarities
with transmission pipelines and their
increased potential for adverse
consequences in the event of incident.
Large diameter, high-pressure
gathering lines are susceptible to the
same types of integrity threats as
transmission pipelines, including
corrosion, excavation damage, and
construction defects. The exemption of
these pipelines from the safety
requirements of the Federal Pipeline
Safety Regulations failed to consider the
present risks that now exist. In addition,
PHMSA has lacked detailed information
on the safety of gas gathering lines in
Class 1 locations because such lines
have been exempted from requirements
to submit incident and annual reports
under part 191. These reports are
necessary for PHMSA to analyze how
recent changes in the gas production
and midstream industries affect the
functional and operational
characteristics of unregulated gathering
lines, and the safety consequences of
those changes. While more
comprehensive information is being
collected and analyzed, expanded
regulatory measures are needed to
protect the human and natural
environment from the consequences of
incidents on large-diameter, highpressure gathering lines from
preventable causes such as corrosion,
excavation damage, and inadequate
design and construction practices.
On August 25, 2011, PHMSA issued
an advance notice of proposed
rulemaking (ANPRM) that, among other
things, requested comments with
respect to improving the regulation of
gas gathering lines.8 Following the
ANPRM’s publication, the Pipeline
Safety, Regulatory Certainty, and Job
Creation Act of 2011 (2011 Pipeline
Safety Act, Pub. L. 112–90) was enacted
on January 3, 2012. Section 21 of the
6 NAPSR is a nonprofit association of State
pipeline safety officials.
7 Available on the NAPSR website at https://
www.napsr.org/resolutions.html.
8 Pipeline Safety: Safety of Gas Transmission
Pipelines, 76 FR 53086.
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2011 Pipeline Safety Act mandated that
DOT review existing regulations for
gathering lines and report to Congress
on the sufficiency of existing Federal
and State laws and the need to modify
or revoke existing exemptions from
Federal regulation for gathering lines.
Subsequently, in 2012, the GAO
issued recommendation GAO–12–388
for PHMSA to collect data on Federally
unregulated hazardous liquid and gas
gathering lines.9 In August 2014, GAO
issued recommendation 14–667 for
PHMSA to ‘‘move forward with
rulemaking to address gathering
pipeline safety that addresses the risks
of larger-diameter, higher-pressure
gathering pipelines, including
subjecting such pipelines to emergency
response planning requirements that
currently do not apply to gathering
pipelines.’’ 10
On April 8, 2016, PHMSA issued a
notice of proposed rulemaking (NPRM)
responding to comments received on the
ANPRM and proposing to further
regulate gas gathering lines to enhance
safety.11 This final rule addresses only
those portions of the NPRM dealing
with gas gathering lines. Portions of the
NPRM dealing with gas transmission
issues have already been implemented
in the final rule, ‘‘Pipeline Safety: Safety
of Gas Transmission Pipelines: MAOP
Reconfirmation, Expansion of
Assessment Requirements, and Other
Related Amendments,’’ (‘‘Gas
Transmission Final Rule’’) published on
October 1, 2019.12 The remaining gas
transmission issues will be addressed in
the future in a separate rulemaking
under the Regulatory Identifier Number
(RIN) 2137–AF39, titled ‘‘Pipeline
Safety: Safety of Gas Transmission
Pipelines, Repair Criteria, Integrity
Management Improvements, Cathodic
Protection, Management of Change, and
Other Related Amendments.’’
The NPRM discussed the
Congressional mandate and GAO
recommendations, as well as the
increased risk factors regarding
gathering lines discussed above. In
addition, the NPRM explained the need
to clarify the definitions of gas gathering
lines in §§ 192.3 and 192.8, which rely
on American Petroleum Institute (API)
Recommended Practice (RP) 80,
9 GAO, No. 12–388, ‘‘Pipeline Safety: Collecting
Data and Sharing Information on Federally
Unregulated Gathering Pipelines Could Help
Enhance Safety’’ (Mar. 22, 2012).
10 GAO, No. 14–667, ‘‘Oil and Gas Transportation:
Department of Transportation Is Taking Actions to
Address Rail Safety, but Additional Actions Are
Needed to Improve Pipeline Safety’’ at 48 (Aug.
2014).
11 Pipeline Safety: Safety of Gas Transmission and
Gathering Pipelines, 81 FR 20722.
12 84 FR 52180.
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‘‘Guidelines for the Definition of
Onshore Gas Gathering Lines,’’ first
edition, April 2000. The current
definitions are unclear with respect to
each of (1) the point at which a nonjurisdictional production operation ends
and a potentially regulated gas gathering
line begins and (2) the use of the
incidental gathering designation, which
allows an operator to designate lines
downstream from any gathering
function defined in API RP 80 as a
gathering line rather than as a
transmission line.
A summary of the proposed changes
and PHMSA’s response to the comments
on the NPRM are provided below in
section III of this final rule.
On December 28, 2020, the Protecting
our Infrastructure of Pipelines and
Enhancing Safety Act of 2020 (2020
PIPES Act, Pub. L. 116–260) was
enacted. Section 112(a) directed
PHMSA to issue a final rule in this
rulemaking by March 27, 2021.
B. Summary of the Major Provisions of
the Final Rule
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This final rule addresses reporting
and safety requirements for onshore gas
gathering lines; offshore gas gathering
lines are beyond the scope of this
rulemaking.13 The final rule requires
operators of all onshore gas gathering
lines to report incidents and file annual
reports under part 191. The purpose of
this expanded reporting obligation is to
gather data about the state of gas
gathering infrastructure and monitor the
safety performance of gas gathering lines
that were previously exempt from
Federal reporting requirements. The
information in the reports will help
determine the need for future regulatory
changes to address the risks to the
public, property, and the environment
posed by all types of pipeline systems
engaged in the transportation of gas.
In addition, the final rule provides for
a new Type C regulated gathering line 14
in § 192.8. Type C gathering lines are
defined as gas gathering lines in Class
1 locations that have outer diameters of
8.625 inches or greater and operate at
higher stress levels or pressures. The
safety requirements for Type C lines,
13 References in this final rule to ‘‘gathering’’
therefore refer, unless specified otherwise, to
onshore gas gathering pipelines. Similar to Type A
onshore gas gathering lines, offshore gas gathering
lines are already covered by the requirements in
part 192 applicable to transmission lines, with some
exceptions listed in § 192.9(b).
14 This final rule and amended regulatory text use
the formulation ‘‘Type C’’ to identify the newlyregulated onshore gathering lines described in the
NPRM as ‘‘Type A, Area 2.’’ However, in discussion
of the NPRM and comments thereon, this final rule
will use the formulation ‘‘Type A, Area 2’’ for the
convenience of the reader.
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referred to as Type C requirements in
the final rule, are specified in revised
§ 192.9(e) and vary based on the outer
diameter of the pipeline and the
potential consequences of a failure. The
potential consequences of incidents are
greater on larger-diameter, higherpressure pipelines and pipelines that
are located near buildings intended for
human occupancy. Type C gathering
lines with an outside diameter greater
than 16 inches and certain other Type
C gathering lines that could directly
affect homes and other structures are
required to comply with (1) existing
requirements for Type B gas gathering
lines, and (2) requirements at § 192.615
that operators develop and implement
emergency plans. Type C gathering lines
with smaller diameters or that could not
directly affect homes and other
structures have fewer requirements that
are limited to damage prevention,
emergency plans, and public awareness.
These requirements address known
causes of pipeline failures including
excavation damage, corrosion, and
inadequate design and construction
standards.
C. Costs and Benefits
Consistent with 49 U.S.C. 60102(b)
and Executive Order 12866 (‘‘Regulatory
Planning and Review’’),15 PHMSA has
prepared an assessment of the benefits
(including safety and environmental
benefits) and costs of the final rule as
well as reasonable alternatives. PHMSA
expects benefits of the final rule to
consist of improved safety and avoided
environmental harms (including
methane emissions) from reduction of
the frequency and consequences of
failures of onshore natural gas gathering
lines that could result in releases and
incidents. PHMSA estimates the
annualized costs of the rule to be
approximately $13.7 million per year at
a 7-percent discount rate. The
Regulatory Impact Analysis (RIA) for
this final rule is available in the docket.
The table below provides a summary of
the estimated costs for the major
provisions in this rulemaking and in
total (see the RIA for further detail on
these estimates).
Estimated
annualized cost
(7%)
Provision
Right-of-Way Surveillance ..
Corrosion Control ...............
Damage Prevention ............
Public Awareness ...............
Line Markers .......................
Emergency Plan .................
Leakage Surveys ................
15 58
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$170,087.
$2,043,260.
$285,011.
$550,464.
$1,680,870.
$312,167.
$7,626,075.
FR 51375 (Oct. 4, 1993).
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Provision
Incident reporting ................
Annual reporting .................
Construction .......................
Total ................................
Estimated
annualized cost
(7%)
$134,556.
$943,408.
Negligible.
$13,745,898.
II. Background
A. Detailed Overview
Introduction
The Pipeline Safety Regulations
divide gas transmission and gathering
lines into classes from Class 1 (rural
areas) to Class 4 (densely populated,
high-rise areas) that are based on the
number of buildings or dwellings for
human occupancy in the area. Class
locations are defined in § 192.5. A Class
1 location is an offshore pipeline or an
onshore pipeline that has 10 or fewer
buildings intended for human
occupancy within a 1-mile-long classlocation unit. This final rule addresses
only onshore gas gathering lines. Gas
gathering lines located in Class 2, Class
3, and Class 4 locations have been
subject to reporting requirements in part
191 and safety requirements in part 192.
Type A lines, which operate at higher
pressure, are required to comply with
most safety requirements applicable to
transmission pipelines at part 192,
while lower-pressure Type B lines are
required to follow fewer requirements,
which are listed in § 192.9(d).
When PHMSA last issued regulations
addressing the safety of gas gathering
lines in 2006,16 it exempted gathering
lines in Class 1 locations from reporting
and safety requirements in parts 191
and 192. At the time, such pipelines
were mostly small-diameter, lowpressure pipelines located in sparsely
populated, traditional oil-producing
regions and were thought to pose
relatively low risks to the public.
However, by the time that the 2006 final
rule was adopted, innovative drilling
technologies, new hydrocarbon
discoveries, and increasing demand for
natural gas were starting to transform
the industry. Highly productive
‘‘unconventional’’ drilling techniques
have proliferated, and modern
production sites can be several times
more productive than conventional
wells. The characteristics of the
gathering lines servicing current wells
often have more in common with large
interstate transmission systems than the
diffuse network of small gathering lines
that predominated when the current gas
16 Gas Gathering Line Definition; Alternative
Definition for Onshore Lines and New Safety
Standards, 71 FR 13289 (Mar. 15, 2006).
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gathering regulatory framework was
being developed prior to 2006. These
changes are placing unprecedented
demands and increasing safety risks on
the Nation’s pipeline system.
The final rule requires operators of all
onshore gas gathering lines to prepare
and submit annual reports with
information about their gas gathering
lines and to submit incident reports
under part 191. The information is
necessary to monitor the safety
performance of gas gathering systems
and inform the appropriate level of
regulatory oversight. This final rule also
adopts new safety requirements for
larger-diameter (i.e., with outer
diameters of 8.625 inches or greater),
higher-operating pressure gas gathering
lines to mitigate risks to public safety
and pipeline integrity. The need to
implement risk-based protections and
build an understanding of the safety of
gas gathering systems is critical since
‘‘unconventional’’ production
operations continue to expand, often
into regions inexperienced with oil and
gas development—posing new risks to
humans and the environment.
Natural Gas Gathering Infrastructure
Overview
The U.S. natural gas pipeline network
is designed to transport natural gas to
and from most locations in the country.
Approximately two-thirds of the lower
48 States depend almost entirely on the
interstate transmission pipeline system
for their supplies of natural gas.17 In 49
CFR part 192, pipelines are classified
into three broad groups, based on their
function and characteristics: Gathering,
transmission, and distribution systems.
Onshore gathering lines, the sole subject
of this final rule, typically transport gas
from production fields to gas
transmission pipelines or centralized
processing and storage facilities. From
there, gas is typically transported to
large industrial users such as gas-fired
power stations or local distribution
companies via transmission pipelines.
Finally, distribution companies deliver
gas to homes and businesses, and other
end-users. Together, these systems form
an interconnected network that
transports natural gas from the
production field to its end users.
PHMSA estimates that there are over
400,000 miles of onshore gas gathering
lines throughout the U.S., the vast
majority of which are in Class 1
locations.18
17 U.S. Department of Energy (DOE), ‘‘Appendix
B: Natural Gas—Quadrennial Energy Review
Report: Energy Transmission, Storage, and
Distribution Infrastructure’’ p. NG–28 (Apr. 2015).
18 API estimated there were 240,000 miles of
unregulated gathering lines in comments submitted
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Regulatory History
The Natural Gas Pipeline Safety Act
of 1968 (Pub. L. 90–481) vested the
Secretary with statutory authority to
issue regulations to ensure the safe
transportation of natural gas by pipeline
but excluded the regulation of gas
gathering lines in rural areas, which
were defined in section 2(3) of the 1968
Act as those locations outside the limits
of any incorporated or unincorporated
city, town, or village, or other
designated residential or commercial
area. Later, Congress modified the
definition of ‘‘transporting gas’’ to
provide Secretary the authority to
designate non-rural areas in order to
make pipelines in those non-rural areas
subject to PHMSA’s jurisdiction (49
U.S.C. 60101(a)(21)(B)).
PHMSA,19 through delegation by the
Secretary,20 and its State partners
enforce requirements for regulated 21 gas
gathering systems in the Federal
Pipeline Safety Regulations that are
authorized under 49 U.S.C. 60101 et
seq. DOT issued interim minimum
Federal safety standard regulations for
gas pipeline facilities and the
transportation of natural and other gas
by pipeline on November 13, 1968,22
and subsequently codified broad-based
gas pipeline regulations in 49 CFR part
192 on August 19, 1970.23 The 1970
final rule defined a ‘‘gathering line’’ as
‘‘a pipeline that transports gas from a
current production facility to a
transmission line or main,’’ and
subjected all gathering lines located in
non-rural areas (e.g., within the limits of
any incorporated or unincorporated
city, town, or village, or other
designated residential or commercial
area) to all requirements applicable to
transmission pipelines (§§ 192.1 and
192.9).
This historical approach to defining
PHMSA’s jurisdiction, however, has left
October 23, 2012, available in the docket. In order
to project an estimate of gathering lines in service
today, PHMSA adjusted this estimate based on
average rate of increase in reported mileage of
regulated gathering lines from operators’ annual
reports since 2012. See the RIA, available in the
docket, for additional information on estimates of
gathering miles affected by the rule.
19 PHMSA’s predecessor agencies include the
Research and Special Programs Administration
(RSPA), the Materials Transportation Bureau
(MTB), and the Office of Pipeline Safety (OPS). For
simplicity, all are referred to as DOT in this section.
20 49 CFR 1.97.
21 Typically, onshore pipelines involved in the
‘‘transportation of gas,’’ see 49 CFR 192.1 and 192.3
for detailed applicability.
22 Interim Minimum Federal Safety Standards for
the Transportation of Natural and Other Gas by
Pipeline, 33 FR 16500.
23 Transportation of Natural and Other Gas by
Pipeline: Minimum Federal Safety Standards, 35 FR
13248.
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63269
several key gaps which made it difficult
to determine where a gathering line
started and ended. One was that it failed
to define ‘‘current production facility,’’
and therefore the point where a nonjurisdictional production facility
became a gathering line was not clear.24
Additionally, there was no clear
definition of where a gathering line
ended, and a transmission pipeline or
distribution main line began. The DOT
has attempted to clarify these gaps
several times. In 1974, DOT proposed to
revise the definition of a gas ‘‘gathering
line’’ to address this uncertainty as to
the beginning and end points of gas
gathering.25 However, the proposal was
later withdrawn.26
In 1991, DOT again proposed to revise
the definition of a gathering line
following a NAPSR survey of its
members noting ongoing disagreements
about the classification of certain
segments of gas pipelines.27 However, in
response to comments on the proposed
rule and the issuance of the Pipeline
Safety Act of 1992 (Pub. L. 102–508),
PHMSA delayed final action on that
proposal to consider additional
information and the statutory changes.
As described earlier, PHMSA was
previously restricted from issuing
regulations for rural gathering lines.
Section 109 of The Pipeline Safety Act
of 1992 expanded DOT’s authority by
authorizing the Secretary to define the
term ‘‘regulated gathering line,’’ and
issue safety regulations for the
transportation of gas through those
pipelines despite their location in rural
areas (49 U.S.C. 60101(b)). The Pipeline
Safety Act of 1992 also directed DOT to
consider functional and operational
characteristics in defining gathering
lines (49 U.S.C. 60101(b)(1)(B)(i)). For
the definition of the term ‘‘regulated
gathering line,’’ Congress further
directed DOT to consider such factors as
location, length of line from the well
site, operating pressure, throughput, and
gas composition in deciding which
gathering lines are functionally
gathering yet warrant regulation as
regulated gathering lines (49 U.S.C.
60101(b)(2)(A)). This authority also
expressly allowed DOT to depart from
the concepts used to define gathering for
the purposes of determining the scope
of the Federal Energy Regulatory
24 Transportation of Natural and Other Gas by
Pipeline: Proposed Definition of Gathering Line, 39
FR 34569 (Sept. 26, 1974).
25 Id.
26 Transportation of Natural and Other Gas by
Pipeline: Withdrawal of Proposed Definition of
Gathering Line, 43 FR 42773 (Sept. 21, 1978).
27 Gas Gathering Line Definition: Notice of
Proposed Rulemaking, 56 FR 48505 (Sept. 25,
1991).
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Commission’s (FERC) authority under
the Natural Gas Act (15 U.S.C. 717 et
seq.) in order to define gas gathering
lines based on functional, rather than
rate-setting, considerations. In other
words, whether the DOT classifies a
pipeline as a transmission line,
gathering line, or regulated gathering
line has no impact on the pipeline’s
status with FERC and vice-versa.
In 1999, PHMSA renewed the effort to
define gathering lines. To facilitate this
project, PHMSA opened a website for
public discussion on the question of
how to define gas gathering lines and
whether there was a need to subject
rural gathering lines to Federal safety
oversight.28 The majority of the
comments received focused on the work
that was being done by API to classify
gathering lines. That effort culminated
in the publication of the first edition of
API RP 80 in April 2000.
The purpose of API RP 80 is to define
gas gathering lines in onshore areas
based on the line’s function. It
distinguishes a gathering function from
a ‘‘production operation’’ that is not
engaged in transportation (see section
2.3 of API RP 80) and defines a number
of points that determine the potential
endpoint of the gathering function (see
section 2.2(a)(1)(A) through (a)(1)(D) of
API RP 80), such as the inlet to the
furthermost downstream gas processing
plant or the furthermost downstream
point where gas produced in the same
production field or separate production
fields is commingled. API RP 80 defines
a gathering line as ‘‘a pipeline, or a
connected series of pipelines, used to
transport gas from the furthermost
downstream point in a production
operation to the furthermost
downstream of one of the defined
endpoints of gathering.’’ The document
also includes supplementary
definitions, discussion, and diagrams to
provide additional guidance on how
operators may apply these definitions to
various types of gathering systems.
Section 192.8 includes limitations on
how aspects of API RP 80 must be
applied.
Ever since API RP 80 was first issued,
PHMSA has had concerns about
‘‘incidental gathering.’’ While section
2.2(a)(1)(A) through (a)(1)(D) describe
points where the gathering function can
end, paragraph (a)(1)(E) allows an
operator to designate pipeline segments
that are past the furthermost
downstream of the other endpoint of
gathering up to the connection to
‘‘another pipeline’’ (typically a
transmission line) as a gathering line
28 Request for Comments: Gas Gathering Line
Definition, 64 FR 12147 (Mar. 11, 1999).
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regardless of the actual function or
operational characteristics of the
pipeline itself. This is the ‘‘incidental
gathering’’ concept discussed in API RP
80 section 2.2.1.2.6. By definition, these
lines extend beyond the end of any
gathering functions. When a major gas
processing plant or a compressor used
to raise the pressure for delivery into a
transmission line is the endpoint, the
incidental gathering line segment can be
indistinguishable from a transmission
line in terms of its function, diameter,
pressure, and gas composition; yet is
treated as a gathering line rather than a
transmission line under part 192.
Additionally, there are no limits on how
far an incidental gathering line may
extend under the API RP 80 definition.
The API RP 80 concept of ‘‘incidental
gathering’’ undermines the functional
definition of ‘‘gathering’’ that API RP 80
was intended to establish. In fact, API
RP 80 creates a regulatory gap for
pipeline segments that bear the least
functional and operational resemblance
to gathering lines.
In 2003, DOT held public meetings in
Austin, Texas, and Anchorage, Alaska,
to determine the best way to define the
terms ‘‘gas gathering line’’ and
‘‘regulated gathering line’’ and what, if
any, safety rules would be needed for
rural regulated gathering lines.29 At the
meetings, DOT proffered a ‘‘sliding
corridor’’ concept as a possible basis for
defining which gathering lines should
be designated as regulated gathering
lines. This concept was similar to the
‘‘sliding mile’’ used for class location
determinations, except that the corridor
would be 1,000 feet long rather than one
mile, and the width would vary
depending on the stress level of the
segment of pipe. Wherever the corridor
contained five or more dwellings, the
gathering line segment would be subject
to a subset of Federal Pipeline Safety
Regulations, the scope of which would
increase as the stress level 30 of the
segment increased.
After these two meetings, DOT
published a document that stated that
the definitions of production and
gathering should ensure that Federal
regulation of gathering lines does not
overlap with State regulations on
production, and should promote
29 See 68 FR 62555 (Nov. 5, 2003) (Austin, TX,
meeting) and 68 FR 67129 (Dec. 1, 2003)
(Anchorage, AK, meeting). Transcripts for the
meeting are available for download at
regulations.gov under Docket No. PHMSA–RSPA–
1998–4868.
30 Expressed as the circumferential fore on a pipe
(hoop stress) produced by the MAOP as a percent
of the specified minimum yield strength (SMYS).
SMYS is defined in § 192.3 and refers to the
minimum force required to deform permanently the
material as specified in the applicable design codes.
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consistent application by regulators and
operators.31 The document invited
comments on an appropriate approach
for identifying rural gas gathering lines
that warranted regulation. After the
2003 public meetings, DOT met several
times with State agency officials,
industry representatives, and others to
obtain different views on the risks posed
by gas gathering lines and the need for
Federal regulation over the same.
In 2006, DOT published a final rule
that established the current Federal
Pipeline Safety Regulations for gas
gathering lines in §§ 192.8 and 192.9.32
The final rule incorporated by reference
API RP 80, which defines ‘‘onshore gas
gathering pipelines.’’ The 2006 final
rule also replaced the previous ‘‘nonrural’’ criteria for designating regulated
gathering lines in § 192.9 with a riskbased approach to regulating gas
gathering lines in Class 2, 3, and 4
locations. In the 2006 final rule, PHMSA
chose not to extend any reporting or
safety requirements to gas gathering
lines in Class 1 locations. At the time,
PHMSA noted that such pipelines were
typically small-diameter, low-pressure
lines posing relatively low risks to the
public. The Federal requirements for gas
gathering lines have remained in place,
mostly unchanged, since 2006.
Supply Changes
Between 2005 and 2019, marketed
production of natural gas increased from
18.9 trillion cubic feet (Tcf) per year to
36.5 Tcf per year.33 While gross gas
production from conventional wells has
fallen by 53 percent from 16.2 Tcf per
year to 7.6 Tcf per year between 2005
and 2019,34 overall production has
grown due to increased unconventional
shale gas production. EIA began
reporting shale gas well withdrawals in
2007. In 2007, unconventional shale gas
accounted for about 8 percent of the
total natural gas production in the U.S.
Since then, shale gas production has
increased from 1.9 trillion cubic feet per
year to 27.8 trillion cubic feet per year
in 2019 35 and now accounts for
31 Gas and Hazardous Liquid Gathering Lines:
Clarification of Rulemaking Intentions and
Extension of Time for Comments, 69 FR 5305 (Feb.
4, 2004).
32 Gas Gathering Line Definition; Alternative
Definition for Onshore Lines and New Safety
Standards, 71 FR 13289 (Mar. 15, 2006).
33 EIA, ‘‘U.S. Natural Gas Marketed Production,’’
https://www.eia.gov/dnav/ng/hist/n9050us2a.htm
(accessed Nov. 9, 2020).
34 EIA, ‘‘U.S. Natural Gas Gross Withdrawals from
Gas Wells,’’ https://www.eia.gov/dnav/ng/hist/
n9011us2a.htm (accessed Nov. 9, 2020).
35 EIA, ‘‘U.S. Natural Gas Gross Withdrawals from
Shale Gas,’’ https://www.eia.gov/dnav/ng/hist/ngm_
epg0_fgs_nus_mmcfa.htm (accessed Nov. 9, 2020).
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approximately 68 percent of overall
gross gas production.
This increase in unconventional gas
extraction has shifted production from
traditional gas producing regions such
as Texas, Louisiana, Oklahoma, and the
Gulf of Mexico to other areas, such as
Pennsylvania and Ohio. For instance, in
2001, 5,066,015 million cubic feet
(MMcf) of natural gas was withdrawn
from the Gulf of Mexico, which was
approximately 21 percent of the
Nation’s natural gas gross production.
By 2019, withdrawals decreased to
1,033,922 MMcf. During that same
period, Pennsylvania’s share of
production grew from 130,853 MMcf to
6,896,792 MMcf.36 The Department of
Energy projects that more than half of
increases in shale gas production
through 2050 will occur in the
Appalachian Basin (e.g., the Marcellus
and Utica Basins), which will continue
to fuel growth in natural gas production
from the 2020 levels of 33.9 t (Tcf) per
year to 43.0 Tcf per year in 2050.37
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Demand Changes
Increased production of natural gas in
the United States has depressed average
prices and volatility.38 In 2004, the
growth outlook for natural gas
production was weak; the EIA
forecasted that dry gas production
would increase by only 1.0 percent
annually 39 and that production in the
lower 48 would be 21.3 Tcf per year by
2025, or up to 25.1 Tcf per year in the
rapid technology scenario.40 At the
time, monthly average spot prices at
Henry Hub 41 were high, based on
historic comparison of prices,
fluctuating between $4 per million
British thermal units (Btu) and $7 per
million Btu. Prices rose above $11 per
million Btu for several months in both
36 EIA, ‘‘Gulf of Mexico—Offshore Natural Gas
Withdrawals,’’ https://www.eia.gov/dnav/ng/hist/
na1060_r3fmtf_2a.htm (accessed Nov. 9, 2020); EIA,
‘‘Pennsylvania Natural Gas Gross Withdrawals,’’
https://www.eia.gov/dnav/ng/hist/n9010pa2a.htm
(accessed Nov. 9, 2020).
37 EIA, ‘‘Annual Energy Outlook 2021’’ (Feb. 3,
2021), https://www.eia.gov/outlooks/aeo/
production/sub-topic-01.php.
38 DOE, ‘‘Appendix B: Natural Gas—Quadrennial
Energy Review Report: Energy Transmission,
Storage, and Distribution Infrastructure,’’ at NG–11
(Apr. 2015), https://www.energy.gov/sites/prod/
files/2015/04/f22/QER-ALL%20FINAL_0.pdf.
39 EIA, ‘‘Annual Energy Outlook 2004 With
Projections to 2025,’’ at 133 (Jan. 2004), https://
www.eia.gov/outlooks/archive/aeo04/pdf/
0383(2004).pdf.
40 Id. at 90.
41 Henry Hub is a Louisiana natural gas
distribution hub where conventional Gulf of Mexico
natural gas can be directed to gas transmission lines
running to different parts of the country. Natural
gas bought and sold at the Henry Hub serves as the
National benchmark for U.S. natural gas prices. Id.
at NG–29, NG–30.
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2005 and 2008.42 Since then, after
production shifted to onshore
unconventional shale resources and
price volatility decreased since 2009,
natural gas has frequently traded
between $2 and $4 per million Btu, and
the spot price has not been above $6 per
million Btu for any full month.43
This fall in natural gas prices and
volatility was accompanied by
significant demand growth and changes
to the geography of gas demand. Low
fuel costs, improved gas turbine
technology, operational advantages, and
greenhouse gas concerns have driven a
steady growth in gas-fired electricity
generation. According to the
Department of Energy, natural gas
surpassed coal as the fuel with the
highest share of net electricity
generation in 2016.44 Natural gas
exports have also increased. In 2019, the
U.S. exported 4.7 Tcf of gas, over six
times the amount that was exported in
2006.45 Virtually all the gas produced
and consumed in the U.S. is transported
by gas gathering and transmission
pipelines to distribution pipelines or
end-users.
Consequences for Gas Gathering
Modern production techniques,
higher production volumes, and the
geography of new gas discoveries have
had consequences for gas gathering
systems that PHMSA did not
contemplate in 2006. Individual
unconventional wells can be several
times more productive than
conventional facilities, and multiple
wells can be drilled from a single
wellpad, resulting in a large increase in
the volume of gas that can flow from
production and gathering lines serving a
single site. In addition, these
productivity gains have led to a surge in
production overall, which expands the
demands placed on the overall gas
gathering pipeline network. Modern gas
gathering lines often bear a closer
resemblance to large interstate
transmission lines than the diffuse
network of small, low-pressure lines
that previously characterized gathering
lines. An incident on such pipelines can
have serious consequences, even in a
Class 1 location.
Although PHMSA has not collected
annual report information on the
42 EIA, ‘‘Natural Gas Spot and Futures Prices,’’
https://www.eia.gov/dnav/ng/ng_pri_fut_s1_m.htm,
(accessed Nov. 9, 2020).
43 Id.
44 EIA, ‘‘Electric Power Annual 2019’’ Table 3.1.A
(Oct. 2020), https://www.eia.gov/electricity/annual/
(accessed Nov. 9, 2020).
45 EIA, ‘‘U.S. Natural Gas Exports,’’ https://
www.eia.gov/dnav/ng/hist/n9130us2a.htm
(accessed November 9, 2020).
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mileage or diameter of gas gathering
lines in Class 1 locations, various
stakeholders have reported significant
growth in large-diameter, high-pressure
gas gathering lines operating outside the
scope of the Federal Pipeline Safety
Regulations. NAPSR noted in the
preamble to its Resolution 2010–2 AC–
2 that ‘‘it is not uncommon to find rural
gas gathering pipelines up to 30 inches
in diameter and operating at a MAOP of
1480 psi [pounds per square inch, or
approximately 1495 pounds per square
inch gauge (psig)]’’ in modern gas
gathering systems,46 which resembles
the operational characteristics of major
interstate transmission pipelines that
are subject to part 191 and 192
regardless of where they are located.
Similarly, the GAO noted that 24-inch
diameter unregulated gathering lines
were located and constructed in close
proximity to homes in Pennsylvania,
and 30 to 36-inch diameter unregulated
gas gathering lines were planned for
construction in the Eagle Ford shale
formation in Texas.47 In comments to
the NPRM, the Pennsylvania Public
Utility Commission noted that
producers in the State are constructing
gas gathering lines as large as 36 inches
in diameter with operating pressures up
to 1480 psig.
The energy that can be released in a
pipeline explosion or fire is
proportional to a pipeline’s throughput
capacity. The potential impact radius
formula in § 192.903, which calculates
the radius of a circle within which the
potential failure of a pipeline could
have a significant impact on people or
property, increases proportionally with
pressure and exponentially with the
diameter of the pipeline. An incident on
any large-diameter, high-pressure
natural gas pipeline can have
potentially catastrophic consequences,
regardless of whether it is defined as a
transmission or gathering line, and even
in sparsely populated Class 1 locations.
For example, one of the deadliest gas
transmission pipeline incidents in U.S.
history occurred in a Class 1 location
when a 30-inch transmission line
operated at 675 psig ruptured near
Carlsbad, New Mexico, on August 19,
2000.48 In that incident, internal
46 NAPSR, Resolution 2010–2AC–2 (Sept. 30,
2010), https://nebula.wsimg.com/215b293abe58f
f21d6d2ad867ae864a3?
AccessKeyId=8C483A6DA79F
B79FC7FA&disposition=0&alloworigin=1.
47 GAO, No. 14–667 at 24.
48 National Transportation Safety Board (NTSB),
NTSB/PAR–03/01, ‘‘Pipeline Incident Report:
Natural Gas Pipeline Rupture and Fire Near
Carlsbad, New Mexico’’ (Feb. 2003), https://
www.ntsb.gov/investigations/AccidentReports/
Reports/PAR0301.pdf.
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corrosion led to an explosion that killed
12 individuals who had been camping
675 feet from the rupture site. Following
this incident, PHMSA added § 192.476
requiring operators to incorporate
measures to mitigate internal corrosion
threats in the design and construction of
new transmission lines—however, that
requirement does not affect gathering
lines that may have a similar risk
profile. In another incident on
December 11, 2012, a 20-inch
transmission line with a MAOP of 1000
psig ruptured in Sissonville, West
Virginia, due to corrosion caused when
the protective pipe coating was
damaged by rocky backfill during
installation. While there were no serious
injuries in that incident, three houses
and several hundred feet of road surface
were destroyed, and Interstate 77 was
shut down for 19 hours.49 The fire
melted a portion of the interstate
highway, prompting one local official to
describe the highway as looking ‘‘like
lava, just boiling.’’ 50
Although PHMSA has not historically
collected incident reports for gas
gathering lines in Class 1 locations, such
gathering lines are subject to incidents
of similar magnitude and consequence
as gas transmission pipelines with
comparable physical and operating
characteristics. For example, on
November 14, 2008, a 20-inch gas
gathering line exploded in Grady
County, Oklahoma, which injured two
people, destroyed three homes, and shut
down a nearby highway.51 On June 8,
2010, a bulldozer struck a 14-inch gas
gathering line in Darrouzett, Texas,
causing an explosion that killed two
workers and injured three others,
including one worker who was critically
injured and required medical
evacuation by helicopter.52 On June 29,
2010, three men working on a 24-inch
gas gathering line in Grady County,
Oklahoma, were injured when it
exploded; one worker was airlifted to a
49 NTSB, NTSB/PAR–14/01, ‘‘Accident Report:
Columbia Gas Transmission Corporation Pipeline
Rupture Sissonville, West Virginia’’ (Feb. 2014),
https://www.ntsb.gov/investigations/
AccidentReports/Reports/PAR1401.pdf.
50 Brinks, Travis, ‘‘Remembering the Sissonville
Pipeline Explosion.’’ WV Metro News. Dec. 11,
2023, https://wvmetronews.com/2013/12/11/
remembering-the-sissonville-pipeline-explosion/
(accessed June 15, 2021).
51 Griswold, Jennifer and Sargent, Brian. ‘‘Natural
Gas Pipeline Explosion Destroys Homes Near
Alex.’’ The Oklahoman, Nov. 14, 2008,
www.oklahoman.com/article/3321932/natural-gaspipeline-explosion-destroys-homes-near-alex
(accessed Feb. 12, 2021).
52 The Associated Press. ‘‘Two Killed in Texas
Panhandle Gas Line Explosion.’’ Arkansas
Democrat Gazette, June 8, 2010,
www.arkansasonline.com/news/2010/jun/08/2killed-texas-panhandle-gas-line-explosion/
(accessed Feb. 12, 2021).
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nearby hospital with burns covering half
of his body.53 On August 1, 2018, a sixinch gas gathering line failed in
Midland, Texas, which caused a nearby
12-inch transmission line to also
explode, killing one worker and injuring
seven others.54 A few days later, on
August 9, 2018, corrosion on a 10-inch
gas gathering line resulted in another
explosion in Midland, killing a threeyear-old girl and badly burning three
others. Fatal incidents on smaller lines
such as the first Midland, Texas,
incident described above and an
explosion caused by an improperly
abandoned 2-inch production line
connected to a gas well in Firestone,
Colorado,55 underscore the need to
collect information on the risks posed
by smaller diameter lines. Even nonfatal incidents can result in significant
damage to infrastructure and property,
lead to evacuations, disrupt gas service,
or otherwise harm the public, property,
or the environment.
These hazards may be further
exacerbated by the changing geography
of U.S. gas production, which was noted
by the GAO in their March 2012 report,
‘‘Collecting Data and Sharing
Information on Federally Unregulated
Gathering Pipelines Could Help
Enhance Safety.’’ Incidents involving
new gas production fields may
overwhelm the capabilities of local first
responders in rural areas who may lack
experience and the resources to respond
adequately to serious incidents
associated with intensive gas
production and processing operations,
including high-pressure pipelines.
Regulatory Gaps
PHMSA estimates that there are over
400,000 miles of unregulated onshore
gathering lines. For comparison,
operators reported 320,000 miles of gas
transmission lines in 2019. As
demonstrated above, even though some
gathering lines share the same physical,
functional, and operational
characteristics and potential adverse
consequences from an incident as
transmission lines, they are exempt
from reporting requirements in part 191
53 Pittman, Jerry. ‘‘Pipeline Explosion West of
Pocasset Injures Three, One Seriously.’’ The
Oklahoman, June 29, 2010, www.oklahoman.com/
article/3472182/pipeline-explosion-west-ofpocasset-injures-three-one-seriously, (accessed Feb.
12, 2021).
54 Lee, Mike, and Soraghan, Mike. ‘‘Deadly
Pipelines, No Rules.’’ E&E News, Mar. 4, 2019,
www.eenews.net/special_reports/EEnews_
highlights/stories/1060123021, (accessed Feb. 12,
2021).
55 NTSB, NTSB/PAB–19/02, ‘‘Pipeline Accident
Brief Natural Gas Explosion at Family Residence
Firestone, Colorado’’ (Oct. 2019), https://
www.ntsb.gov/investigations/AccidentReports/
Reports/PAB1902.pdf.
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and minimum safety standards in part
192.
The final rule closes this gap by
requiring all gas gathering facilities to
submit incident reports and annual
reports under part 191. In addition, the
final rule adopts minimum safety
standards for larger gas gathering lines
that operate at higher pressures to help
to ensure that operators address the
critical risks that these previously
unregulated facilities pose to pipeline
integrity and public safety such as
corrosion, excavation damage, and
inadequate emergency response
planning.
B. Advance Notice of Proposed
Rulemaking
On August 25, 2011, PHMSA
published an ANPRM, soliciting public
comments regarding the revision of the
Pipeline Safety Regulations applicable
to the safety of both gas gathering and
gas transmission pipelines.56 PHMSA
requested comments regarding 15 topic
areas covering gathering and
transmission lines.
The specific issues related to gas
gathering included whether regulatory
exemptions for filing incident, annual,
and safety-related condition reports
should be repealed. In addition, PHMSA
requested comment on a proposal to
repeal the incorporation by reference of
API RP 80 into the Pipeline Safety
Regulations and replace it with a new
definition of gathering lines in part 192
for determining the beginning and end
points of gas gathering lines. Adoption
of a new definition would address
defining endpoints for nonjurisdictional gas production operations
and setting limits for the ‘‘incidental
gathering’’ concept in API RP 80.
PHMSA also requested comment on
expanding the definition of the term
‘‘regulated onshore gas gathering
pipelines’’ to include a new category of
high-pressure, large diameter gathering
lines in Class 1 Locations.
PHMSA received 103 comments to
the ANPRM. Based on these comments,
PHMSA developed proposals for some
of those topics in an NPRM published
on April 8, 2016 (NPRM), which is the
basis for this final rule.
C. Pipeline Safety, Regulatory Certainty,
and Job Creation Act of 2011
Section 21 of the 2011 Pipeline Safety
Act mandated that DOT review its
existing regulations for gas gathering
lines and report to Congress on the
sufficiency of existing Federal and State
laws to ensure the safety of gas
56 Pipeline Safety: Safety of Gas Transmission
Pipelines, 76 FR 53086.
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gathering lines; the economic impacts,
the technical practicability, and
challenges of applying existing Federal
regulations to unregulated gathering
lines; and the need to modify or revoke
existing exemptions from Federal
regulation for gathering lines, subject to
a risk-based assessment. PHMSA sent
the required report to Congress on May
8, 2015.57 The report identified issues
with the difficulty of designated
gathering lines in complex systems due
to missing, ambiguous, or circular
definitions of terms used to determine
the start and end points of gathering
lines, and used to describe state-level
regulation of gathering lines. The report
also observed that, with few exceptions,
State regulators had not imposed design,
construction, operation, and
maintenance requirements for gathering
lines beyond existing Federal
requirements for Type A and Type B
regulated gathering lines. The report
also notes that most of the States which
had established requirements for
gathering lines other than Federally
regulated Type A and Type B gathering
lines had not adopted prescriptive
safety standards or performance
standards with well-defined authorized
acceptance criteria. The report informs
this rulemaking.
D. Government Accountability Office
(GAO) Recommendations
The GAO issued GAO–12–388 in
March 2012, which recommended
PHMSA collect data on Federally
unregulated hazardous liquid and gas
gathering lines comparable to the data
collected from operators of regulated
gathering lines. The GAO suggested that
the purpose of such data collection
would be to assess the safety risks posed
by unregulated gathering lines. GAO
also noted that States and operators
could use this information to share
effective safety practices and lessons
learned. In August 2014, the GAO
issued a report, GAO–14–667, which
further recommended that PHMSA
initiate a rulemaking to address
gathering line safety that would focus
on the risks presented by largerdiameter, higher-pressure gathering
lines, including a requirement that such
pipelines meet emergency planning
requirements.58
57 PHMSA,
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Report to Congress: Natural Gas and
Hazardous Liquid Gathering Lines (May 2015),
https://www.phmsa.dot.gov/sites/phmsa.dot.gov/
files/docs/report_to_congress_on_gathering_lines_
0.pdf.
58 On September 29, 2015, GAO prepared a
statement, GAO–15–843T (‘‘Department of
Transportation Needs to Complete Regulatory, Data,
and Guidance Efforts’’) reiterating the need for
PHMSA to complete its regulatory efforts based on
GAO’s previous recommendations.
E. Notice of Proposed Rulemaking
On April 8, 2016, PHMSA published
the NPRM, which proposed new
pipeline safety requirements and
revisions of existing requirements in 16
major topic areas.
To manage the breadth of the topics
raised in the NPRM, PHMSA separated
the topics into three final rules. The first
of final rule addressed the gas
transmission mandates in the 2011
Pipeline Safety Act; a final rule was
published in this rulemaking on October
1, 2019.59 That final rule addresses
comments received concerning the
scope of the proposed gas transmission
requirements for existing Type A and
Type B regulated gathering lines. The
second final rule is this one, which
addresses only the portions of the
NPRM affecting the safety of gas
gathering lines, particularly reporting
requirements for all gas gathering lines
and additional requirements for Type C
regulated gathering lines. The remaining
gas transmission pipeline concerns are
being considered in a third final rule
(under Regulatory Identification
Number 2137–AF39) that is under
development.
With respect to the current
rulemaking, the NPRM contained
proposals to:
(1) Extend part 191 requirements for
incident reports, annual reports, and
safety-related condition reports to all
gas gathering lines;
(2) repeal the incorporation by
reference of API RP 80 and revise the
regulatory definitions for determining if
a pipeline is a gathering line;
(3) expand the scope of regulated
gathering lines to include a new
category of ‘‘Type A, Area 2’’ for
gathering lines in Class 1 locations with
a diameter of 8 inches or greater and
operating at high pressure; and
(4) require newly regulated Type A,
Area 2 gathering lines to comply with
the existing requirements in § 192.9 for
Type B gathering lines, plus an
additional requirement for establishing
emergency plans per § 192.615.
Pursuant to 49 U.S.C. 60115(c),
PHMSA shared the proposed standards
on gathering lines with the Gas Pipeline
Advisory Committee (GPAC) after
initially considering the comments to
the NPRM.60 The GPAC met on June 25–
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59 Pipeline Safety: Safety of Gas Transmission
Pipelines: MAOP Reconfirmation, Expansion of
Assessment Requirements, and Other Related
Amendments, 84 FR 52180.
60 The Technical Pipeline Safety Standards
Committee, or GPAC, is an advisory committee,
created pursuant to 49 U.S.C. 60115, that advises
PHMSA on proposed safety standards, risk
assessments, and safety policies for natural gas
pipelines. The GPAC was established under the
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26, 2019, to consider the proposed
standards regarding gathering lines.
Subsequently, PHMSA posted the
meeting slides that were used for the
GPAC votes as well as the transcript,
which constitute the statutorily required
report of the GPAC’s recommendations,
including minority views.61
A summary of the four pertinent
NPRM proposals, comments received on
these proposals, the GPAC
recommendations, and PHMSA’s
responses to the comments are provided
in section III below.
F. Protecting Our Infrastructure of
Pipelines and Enhancing Safety Act of
2020
The 2020 PIPES Act was enacted on
December 28, 2020. Section 112(a)
directed PHMSA to issue a final rule in
this rulemaking by the March 27, 2021.
III. Summary of the NPRM Comments,
and GPAC Recommendations, and
PHMSA Responses
The comment period for the NPRM
ended on July 7, 2016, after being
extended for one month. PHMSA
received over 400 comments from
groups representing the regulated
pipeline industry; groups representing
public interests, including
environmental organizations; State
utility commissions and regulators;
members of Congress; individual
pipeline operators; and private citizens.
PHMSA received several comments
after the July 7, 2016 deadline.
Consistent with §§ 5.13(i)(5) and
190.323, PHMSA considered those latefiled comments considering
commenters’ interest in the rulemaking
and the absence of additional expense
or delay resulting from their
consideration.
Pursuant to 49 U.S.C. 60115(e), the
GPAC met on June 25 and 26, 2019 to
consider the topics related to the safety
of gas gathering lines in the NPRM. The
GPAC came to consensus decisions and
voted on recommended changes to the
NPRM elements that would make those
regulatory amendments more
technically feasible, reasonable, costeffective, and practicable. These
recommendations are documented in
Federal Advisory Committee Act (Pub. L. 92–463)
and section 60115 of the Federal Pipeline Safety
Law (49 U.S.C. 60101 et seq.). The GPAC consists
of 15 members, with membership divided among
Federal and State agencies, the regulated industry,
and the public. The GPAC considers the ‘‘technical
feasibility, reasonableness, cost-effectiveness, and
practicability’’ of each proposed pipeline safety
standard and provide PHMSA with recommended
actions pertaining to those proposals.
61 https://primis.phmsa.dot.gov/meetings/
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the transcript of the meeting and
summarized in the vote slides.62
A. Reporting Requirements—§§ 191.1,
191.15, 191.17, 191.23, and 191.29
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1. Summary of PHMSA’s Proposal
Existing § 191.1(b)(4)(ii) exempts all
onshore gas gathering lines other than
regulated gathering lines (as specified in
accordance with § 192.8) from all
reporting requirements of part 191.
The NPRM proposed to repeal the
exemption in § 191.1(b)(4) for gas
gathering lines that are not regulated
under § 192.8. However, the NPRM
would continue to exempt previously
unregulated gathering lines from
Operator Identification Number (OPID)
validation requirements in § 191.22(b)
and National Pipeline Mapping System
(NPMS) requirements in § 191.29.
Therefore, all gas gathering lines,
including previously unregulated
gathering lines, would be required to
comply with annual and incident
reporting requirements in §§ 191.15,
191.17, and 191.25. This proposal was
intended to provide new information on
the extent, configuration, and safety
performance of previously unregulated
gas gathering lines.
The proposed rule would have
required submission of OPID requests,
incident reports, and safety-related
condition requests beginning on the
effective date of a final rule. Annual
reports would have been due on March
15 of the calendar year after the effective
date of a final rule.
2. Summary of Public Comments
Several citizen and public safety, and
environmental groups, including the
Pipeline Safety Trust (PST), the
Wisconsin Safe Energy Alliance,
NAPSR, the Coalition to Reroute Nexus,
Earthworks, and the Environmental
Defense Fund (EDF), supported the
proposed provisions to remove the
exemption for filing reports by operators
of unregulated gas gathering lines.
NAPSR agreed that extending reporting
requirements to ‘‘unregulated’’ gathering
lines would help determine if current
operation and maintenance practices
pose a risk to public safety and if
additional requirements are required but
suggested that PHMSA consider limiting
certain requirements that could pose an
unnecessary burden, such as detailed
leak reporting information in part M of
the gas transmission and gas gathering
annual report form (DOT Form PHMSA
F 7100.2–1). Some public commenters
emphasized that available data on
unregulated facilities could be
62 See https://primis.phmsa.dot.gov/meetings/
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inaccurate or outdated, particularly in
areas where gas development has grown
rapidly. Some of these groups also
encouraged PHMSA to require gas
gathering operators to submit geospatial
pipeline location data for the NPMS,
citing the usefulness of NPMS data for
determining the need for future
regulation.
Trade associations and pipeline
industry entities provided a variety of
responses to the proposed reporting
requirements, ranging from full support,
including for NPMS reporting, to total
opposition to all proposed reporting
requirements. The Independent
Petroleum Association of America
(IPAA) and other commenters
representing oil and gas producers
opposed changes to the scope of part
191 and commented that PHMSA has no
statutory authority to apply reporting
requirements to production lines and
gathering lines that are not regulated
gathering lines determined pursuant to
§ 192.8.
Several trade association and pipeline
industry commenters including API,
GPA Midstream (formerly the Gas
Processors Association) and IPAA,
expressed concern that the proposed
reporting requirements could have
significant cost impacts for operators
that were not commensurate with the
risk posed by the majority of those lines.
Industry commenters also commented
that it is not feasible to collect the
information necessary to complete the
proposed annual report by the reporting
deadline of March 15 as required by
§ 191.17 on top of the efforts necessary
to identify Type A, Area 2 (or Type C)
regulated gas gathering lines within six
months of the effective date the rule (see
section III.C. below).
Industry commenters were especially
concerned about reporting requirements
for pipeline attributes that were related
to requirements that did not apply to
unregulated gas gathering lines. For
example, GPA, API, and other industry
commenters argued that the reporting of
safety-related conditions (§ 191.23),
including MAOP exceedances, would
require information on MAOP,
corrosion monitoring, and SMYS that
were not otherwise required for
previously unregulated gathering lines.
The current forms for submitting gas
transmission and gathering incident
reports (F 7100.2) and annual reports (F
7100.2–1) also refer to regulations or
records not required for unregulated gas
gathering operators. These commenters
recommended that PHMSA create
separate incident and annual report
forms for gathering lines that would
collect information relevant to gas
gathering lines that are not subject to
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part 192 and eliminate the proposed
requirement to report safety-related
conditions.
GPA Midstream commented that they
supported PHMSA’s goal of collecting
necessary information on gas gathering
lines, but that an abbreviated annual
report form was necessary to avoid
unnecessary costs. GPA Midstream
further commented that unregulated gas
gathering lines should be excepted from
the OPID validation and change
notification requirements in § 191.22(b)
and (c).
3. GPAC Recommendations
Following discussion in the June 2019
meetings, the GPAC voted 12–0 that the
proposed requirement that operators of
newly regulated gas gathering lines file
annual and incident reports pursuant to
part 191 was technically feasible,
reasonable, cost-effective, and
practicable, if the following changes are
made:
• Add specificity to location (e.g.,
latitude and longitude coordinates) and
cause information to the incident report
form;
• Make sure all appropriate current
annual report data elements are
incorporated in the annual report form
for currently unregulated gathering
lines, including decade of installation;
• Address the possibility of unknown
data;
• Implement a phase-in period of at
least 24 months for unregulated
gathering annual reports; and
• Consider additional comments from
members submitted to the meeting
docket (PHMSA–2016–0136),
specifically, position papers from API/
GPA Midstream and PST submitted in
response to the GPAC meeting notice,
and comments submitted after the
GPAC meeting by each of GPA
Midstream and the United Association
of Journeymen and Apprentices of the
Plumbing and Pipe Fitting Industry of
the United States and Canada, AFL–
CIO.
The GPAC agreed that the proposed
reporting requirements were needed to
support future oversight, but
recommended changes on the details of
implementation. PHMSA explained that
it intended to create a new annual
report form for gas gathering lines that
are not subject to safety requirements in
part 192 (reporting regulated gathering
lines) separate from the existing DOT
Form PHMSA 7100.2–1 required for
operators of gas transmission and
regulated gas gathering lines. This form
would exclude information that is not
relevant or applicable to operators of
pipeline systems that are not required to
comply with part 192.
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The GPAC recommended extending
the compliance deadline for annual
reports to 24 months after publication in
the Federal Register to grant additional
time for operators to identify newly
regulated gathering lines and collect the
necessary information. However, the
GPAC agreed that incident reports
should begin to be filed on the effective
date of the rule since the data required
to submit an incident report should be
readily obtainable when an incident
occurs.
4. PHMSA Response
PHMSA disagrees with comments that
it lacks the statutory authority to require
reports from operators of gathering lines
other than currently regulated gathering
lines as determined under § 192.8.
Section 60117(b) of Federal Pipeline
Safety Law specifically authorizes the
Secretary to ‘‘require owners and
operators of gathering lines to provide
the Secretary information pertinent to
the Secretary’s ability to make a
determination as to whether and to what
extent to regulate gathering lines.’’
Congress made no distinction between
‘‘gathering lines’’ and ‘‘regulated
gathering lines’’ for reporting purposes.
This information-gathering process is
precisely what the NPRM proposed—to
gather information on all gathering lines
that would enable PHMSA to make
informed judgments about the need for,
and scope, of potential regulation.
Congress intended that the Secretary
have the authority to request
information from operators of
unregulated gathering lines in order to
help determine ‘‘what additional
gathering lines should be regulated.’’ 63
PHMSA seeks to obtain information
regarding current risks to people,
property, and the environment due to
unregulated rural gathering lines to
determine whether rural gathering lines
are presenting unacceptable risk that
would warrant additional regulations.
The information contained in annual
and incident reports submitted by
operators under part 191 would
reasonably help achieve this objective.
In addition to the plain meaning of
section 60117, Congress has articulated
its intent for DOT to obtain information
about the risks of rural gathering lines.
In 1992, when Congress granted DOT
authority to define gathering lines and
regulated gathering lines for purposes of
safety regulations, it recognized that
some rural gathering lines might present
unacceptable risks and authorized DOT
to regulate lines whose risk warranted
regulation. In its report on H.R. 1489, a
63 S.
Rep. 104–334, section 12 (104th Cong., 2nd
Sess. 1996).
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bill leading to the Pipeline Safety Act of
1992, the House Committee on Energy
and Commerce instructed DOT to ‘‘find
out whether any gathering lines present
a risk to people or the environment, and
if so, how large a risk and what
measures should be taken to mitigate
the risk.’’ 64 The Committee reasoned
that ‘‘DOT had been attempting to
define gathering lines for years.
Anecdotal evidence indicates that there
may be pipelines that are called
gathering lines but that may really be
transmission lines, and that there may
be gathering lines that because of size or
other physical characteristics should be
regulated.’’ 65 Although Congress did
not require DOT to regulate gathering
lines, it expected DOT to obtain the
necessary information to determine
whether risks exist to warrant
regulation, as further evidenced by the
House report: ‘‘DOT is given a great deal
of discretion to implement this section
based on the information it receives as
it proceeds. If DOT finds that none of
these lines poses a hazard to people,
property, or the environment, none of
them will be regulated.’’ 66
The final rule fulfills the
Congressional mandate by requiring
operators of all onshore gas gathering
lines to file incident and annual reports
under part 191. This includes pipelines
that are not currently designated as
Type A or Type B regulated gathering
lines nor newly designated as Type C
gathering lines as a result of the final
rule. For clarity, this final rule
designates these reporting-regulated
lines as ‘‘Type R’’ gathering lines that
are subject to reporting under part 191
but are not designated as regulated
gathering lines in part 192. These
requirements are necessary to evaluate
the safety risks on gas gathering systems
and determine what, if any, additional
measures may be warranted to reduce
those risks. As demonstrated above, it is
no longer reasonable to assume rural gas
gathering lines pose uniformly low risk.
Information on the changing functional
and operational characteristics of gas
gathering lines and their safety
performance is necessary for PHMSA to
64 H.R. Report No. 102–247(1), at 2653 (102nd
Cong., 1st Sess. (1991)).
65 Id.
66 Id. Additionally, 49 U.S.C. 60101(b)(2)(A)
specifically requires the Secretary, when defining
‘‘regulated gathering line,’’ to consider factors as
location, length of line from the well site, operating
pressure, throughput, and the composition of the
transported gas to determine which lines are
functionally gathering and should be regulated
because of their physical characteristics. It
reasonably follows, as evident in the Congressional
record, that Congress intended that Secretary could
obtain such information from operators in order to
consider such factors.
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63275
better understand the consequences of
these changes and to set requirements
for gathering lines in the future.
Extension of incident and annual
reporting to these additional gas
gathering lines will provide PHMSA
information needed for identifying—and
promulgating regulatory requirements or
pursuing enforcement activity—design,
manufacture, installation, and
operational/maintenance issues
common to particular pipeline
characteristics or operators.
Congress also understood that the
community around gathering lines can
change and authorized DOT to consider
these changes when regulating gathering
lines. In its report that accompanied
Senate Bill 1166, the bill that became
the Natural Gas Pipeline Safety Act of
1968, the Committee on Interstate and
Foreign Commerce recognized that the
population in an area can change, and
that the statute authorized DOT to
define from time to time what is a nonrural area.67 The Committee emphasized
that a ‘‘populated area’’ means not only
an area with a large number of people
but also areas where pipeline rights-ofway are near houses, schools, and
places of employment.68
However, PHMSA recognizes that
some reporting requirements applicable
to gas transmission and regulated
gathering lines may not be necessary for
gas gathering lines that are not currently
subject to part 192. In particular,
PHMSA is not requiring operators who
are not required to establish an MAOP
under part 192 to comply with
requirements to report MAOP
exceedances and other safety-related
condition reports. In addition, in
consideration of the comments, PHMSA
is withdrawing the proposed
requirement for gas gathering line
operators that are not subject to part 192
to file safety-related condition reports
required by § 191.23. Similarly, the final
rule exempts gas gathering lines that are
not subject to part 192 from the OPID
validation and construction notification
requirements in § 191.22(b) and (c)
because such pipelines are not subject
to the construction requirements in part
192.
While all gathering lines are now
required to submit incident and annual
reports, PHMSA is ensuring that the
required data is applicable and relevant
to operators of Type R gathering lines
that are not subject to part 192. In
consideration of comments on the
NPRM and in the GPAC
recommendations, PHMSA has
67 H.R. Rep. 90–1390, at 3234 (90th Cong., 2nd
Sess. 1968).
68 See id.
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developed a new annual report form
and a new incident report form for
operators of gas gathering lines that are
not subject to part 192 with more
limited information that is appropriate
for such facilities. For example, with
regard to annual reports, PHMSA has
developed an abbreviated annual report
form incorporating information
specifically relevant to gas gathering
lines that are not currently regulated
under part 192, including the decade of
installation, if known. New forms and
instructions are available in the public
docket and will be made available on
PHMSA’s website at https://
www.phmsa.dot.gov/forms/operatorreports-submitted-phmsa-forms-andinstructions.
The new annual report and incident
report forms for Type R gathering lines
address the GPAC’s recommendations,
including:
• Requiring incident location
information that is equivalent to what is
required for regulated gas gathering
lines;
• Annual report fields appropriate for
identifying and evaluating public safety
and environmental risks that may be
associated with unregulated gas
gathering lines, including:
Æ Miles by decade of installation,
Æ Miles by pipeline diameter,
Æ Miles by pipe material and
corrosion protection status, and
Æ Number of leaks repaired or
scheduled for repair.
• On the Type R annual report form,
allow reporting of an unknown decade
of installation.
• On the Type R incident report form,
allow reporting of an unknown date of
installation and certain fields related to
pipeline material properties and damage
prevention investigations.
In the final rule, operators of
previously unregulated gas gathering
lines must begin submitting annual
reports beginning with the first annual
report cycle occurring after the
endpoints of Type C or Type R gathering
lines have been determined one year
after the publication date of the final
rule. As a result, operators of Type R
and Type C gathering lines must submit
a 2022 annual report no later than
March 15, 2023. March 15 is the existing
deadline for submitting annual reports
for other gas pipeline facilities,
consistent reporting deadlines reduces
confusion and administrative burdens
on PHMSA and operators with both
Type R and regulated gas pipeline
facilities. This compliance deadline
represents a phase-in period well in
excess of a year as measured from the
publication date of the final rule.
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This compliance deadline is
approximately 6 months shorter than
recommended by the GPAC. However,
PHMSA believes that prompt
submission of such reports is necessary
for PHMSA’s timely evaluation of
whether additional regulatory efforts are
needed to manage the safety and
environmental risks associated with
Types C and R gathering lines.
PHMSA’s limited information on these
lines inhibits the robust understanding
of their environmental and public safety
risks needed to determine whether
additional requirements are also
warranted. The longer the delay in
obtaining that information, the longer
before PHMSA can diagnose and
respond to a need for additional public
safety and environmental protections
from previously-unregulated gas
gathering lines. PHMSA therefore does
not believe an [18 month] compliance
timeline would be overly burdensome
on affected operators when evaluated
against those potential safety benefits.
The simplified form for Type R lines
includes provisions for ‘‘unknown’’
fields to minimize burdens on gathering
line operators to complete. While the
Type C form is more extensive, such
lines are also more likely to be more
modern shale gas systems installed
within the last 10–15 years. PHMSA
expects the use of electronic
recordkeeping and geospatial
information systems is more widespread
among such operators compared with
traditional gathering systems and
therefore expects that completing Type
C annual reports will not be overly
burdensome on affected entities.
Finally, PHMSA notes that the
compliance timeline is consistent with
the approach taken in historical
expansions of pipeline reporting
requirements. For example, in the final
rule titled, ‘‘Pipeline Safety: Safety of
Hazardous Liquid Pipelines,’’ 69 PHMSA
required affected operators to submit
annual reports the first year after the
effective date.
For similar reasons, the final rule does
not include provisions for operators to
request a delayed compliance deadline
for the annual report requirement
similar to those included in §§ 192.8
and 192.9. Additionally, most of the
records necessary to prepare an annual
report are also necessary in order to
define the endpoints of regulated gas
gathering. Operators should therefore
begin collecting the necessary
information immediately in order to
ensure they are able to submit a
complete annual report on or before the
deadline in the final rule.
69 84
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B. Gathering Line Definitions—§§ 192.3
and 192.8
1. Summary of PHMSA’s Proposal
PHMSA proposed to revise 49 CFR
part 192 to clarify the definition of
gathering lines in order to address
confusion regarding how the endpoints
of gathering and production are
currently determined. The existing
definition of gathering lines relies on
language in API RP 80. In practice,
however, operators and inspectors have
had difficulty consistently applying the
definitions that are used to define the
start and endpoints of gathering in API
RP 80 given the complexities in the
configuration of gathering line systems
in midstream operations. In addition,
Federal and State enforcement of the
current requirements has been
hampered by the use of API RP 80, a
complex standard that can produce
multiple classifications for the same
pipeline system. Specifically, API RP 80
defines certain processes and equipment
that may constitute a ‘‘production
operation’’ but does not include defined
endpoints of the production function in
section 2.3 like it does for gathering in
section 2.2.
This issue was raised in comments by
NAPSR and others, who suggested
simplifying the definition of a gas
gathering line and setting clear,
restrictive limits on where nonjurisdictional production operation ends
and gas gathering begins. NAPSR
commented in response to the ANPRM
that State regulators had ‘‘many
difficulties in applying the definitions
contained in API RP 80’’ and
recommended a simpler definition for
the term gathering line. NAPSR
recommended defining the end of
production at the wellhead or first
metering point downstream of the well.
As described in the regulatory history
section, PHMSA also had concerns with
how the ‘‘incidental gathering’’ concept
has been used to classify pipelines that
perform gas transmission functions as
gathering lines subject to less stringent
requirements intended for small, lowpressure, traditional gathering lines.
In lieu of relying on API RP 80’s
definition of gathering line, the NPRM
proposed new stand-alone definitions
for ‘‘onshore production facility/
operation’’, ‘‘gas processing plant,’’ ‘‘gas
treatment facility’’, and ‘‘gathering line
(onshore)’’ to determine the beginning
and endpoints of each gathering line.
The proposed definitions were found in
§ 192.3 of the NPRM and the application
of those definitions was included in
§ 192.8. PHMSA proposed to define the
end of onshore production operations as
the furthermost downstream point
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where measurement for the purposes of
calculating minerals severance occurs or
there is a comingling of the flow stream
from two or more wells.
The NPRM also would have required
operators to request approval from the
Associate Administrator of Pipeline
Safety in order to extend gathering
beyond the furthermost upstream gas
processing plant. Finally, in order to
address PHMSA’s concerns with the
lack of definite limits on the application
of incidental gathering, PHMSA
proposed limiting the distance that a
gathering line could continue beyond a
defined endpoint of gathering to 1 mile,
provided that it does not cross a
highway or railroad right of way.
2. Summary of Public Comments
NAPSR, the Pennsylvania Public
Utility Commission (PAPUC), PST, EDF,
and a member of the public all
expressed support for elimination of
API RP 80, citing the confusion that
exists in the present document for
defining the endpoints of gas
production and processing facilities and
gas gathering lines. Some of these
commenters had concerns or suggested
clarifications about specific issues. For
example, NAPSR and other State
pipeline safety officials suggested
PHMSA clarify that authority to approve
extending gathering beyond the first
downstream natural gas processing
plant (§ 192.8(a)(2)) or to use the point
of comingling on fields greater than 50
miles apart (§ 192.8(a)(3)) resides with
State pipeline safety agencies in
addition to the PHMSA Associate
Administrator for Pipeline Safety. The
PAPUC commented that PHMSA should
remove the point of gas comingling (the
location where gas from two or more
production sites join for further
transportation downstream) from the
proposed definition of an onshore
production operation due to concerns
that operators could use that concept to
classify relatively large pipelines that
are performing a gathering function as
non-jurisdictional production lines.
API, The American Gas Association
(AGA), IPAA, GPA Midstream, the
Marcellus Shale Coalition, the
Oklahoma Oil and Gas Association
(OKOGA), the Domestic Energy
Producers Alliance, and several
individual pipeline operators
commented that API RP 80 adequately
delineated production and gathering
lines on a functional basis and should
not be eliminated from part 192. Most
signaled that they would be open to
collaboration to improve some
definitional issues, especially via
changes to API RP 80 through the
collaborative API standards-revision
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process. To this end, API suggested
initiating a revision of API RP 80
instead of using the proposed wording
in the NPRM. Other industry groups and
operators, such as the Virginia Oil and
Gas Association and the Plastic Pipe
Institute, opposed any modification to
the current definitions and usage of API
RP 80; these commenters contended that
changing the start point of gathering
would violate PHMSA’s statutory
limitation on regulating production
lines, that State agencies adequately
regulate intrastate production and
gathering lines, or that PHMSA had not
provided sufficient safety evidence to
support changes to the definition of
gathering.
Industry commenters also raised a
number of specific concerns regarding
the replacement definitions proposed by
PHMSA. The most substantive
comments concerned potentially
ambiguous language in PHMSA’s
proposed definitions for ‘‘onshore
production facility or onshore
production operation’’ and ‘‘gathering
line (onshore).’’ API opposed the
proposed definitions but suggested edits
that it claimed would provide more
specificity to the types of processes that
could be considered production
functions. API also suggested
clarifications on how points of
comingling are treated in the definitions
of the endpoints of gathering and
production and make other changes.
Other commenters requested
clarification that the proposed
definitions of gas processing plants and
gas treatment plants did not apply to
facilities on gas transmission or
distribution lines. Many industry
commenters requested a standalone
definition of ‘‘farm taps’’ to clarify the
regulatory requirements applicable to
service lines connected to production,
gathering, and transmission lines.
Many commenters opposed PHMSA’s
proposal to limit the use of the
‘‘incidental gathering’’ designation to
one mile from the furthermost
downstream point of gathering. API
proposed a standalone definition of
‘‘incidental gathering’’ consistent with
the current definition in API RP 80 and
suggested that if PHMSA is concerned
about particular lines abusing the
definition of incidental gathering, then
it should designate such incidental
gathering lines as regulated gathering
lines rather than generally restrict the
use of the incidental gathering
designation in API RP 80. It further
suggested that the proposed Type A,
Area 2 (now Type C) requirements
could address safety concerns with
large-diameter, high-pressure incidental
gathering lines. API further commented
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that requiring operators to redesignate
previously unregulated incidental
gathering lines as transmission lines
would result in significant costs,
especially if the proposed gas
transmission requirements in the NPRM
applied to them. GPA Midstream
commented that the ‘‘proposed
limitation of one mile is too restrictive,’’
and that reclassifying existing gathering
lines as transmission lines would result
in substantial compliance costs that
need to be addressed in the RIA.
However, GPA Midstream and the
OKOGA suggested that a 10-mile limit
was a reasonable compromise that
would establishes a definite limit on
incidental gathering but with enough
flexibility to accommodate different
system configurations.
Industry commenters also contended
that the implementation timeframe for
identifying and reclassifying pipelines
as regulated gathering lines (6 months)
was too short.
3. GPAC Recommendation
The GPAC voted 11–0, with one
abstention, that the proposed rule was
technically feasible, reasonable, costeffective, and practicable, if the
proposed new and revised definitions
related to gas gathering in § 192.3 and
the proposed changes to § 192.8(a) for
determining beginning and endpoints of
gathering were withdrawn. PHMSA
noted during the meeting that it will
monitor the outcome of the working
group preparing a second edition of API
RP 80 and a new document, API RP
1182, ‘‘Safety Provisions for Large
Diameter Rural Gas Gathering Lines,’’
and consider whether those efforts merit
potential changes to the definition of gas
gathering lines in a future rulemaking.
Although the GPAC discussion
acknowledged PHMSA’s concerns
regarding the ‘‘incidental gathering’’
concept in API RP 80, the GPAC did not
discuss or recommend any particular
mileage limitation on that concept.
Likewise, the GPAC did not make any
specific recommendations regarding the
terms ‘‘onshore production facility/
operation’’, ‘‘gas processing plant’’, ‘‘gas
treatment facility’’, or ‘‘gathering line
(onshore)’’.
4. PHMSA Response
PHMSA agrees with the majority of
commenters and the GPAC that
definitions of ‘‘gas processing plant,’’
‘‘gas treatment facility,’’ and ‘‘gathering
line (onshore)’’ should be omitted from
the final rule. After the NPRM was
published, API established two
committees (API RP 1182 and API RP
80) to consider revisions to API RP 80
to address the same ambiguities in those
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definitions that the NPRM was intended
to address. Both documents have since
published. The final rule does not
repeal the use of the existing definition
of gathering line based on API RP 80
(1st edition, 2000) and § 192.8. PHMSA
will consider updating the definitions
associated with defining gathering and
production lines in a separate
rulemaking after evaluating the second
edition of API RP 80, Definition of
Onshore Gas Gathering Lines and new
API RP 1182, Safety Provisions for Large
Diameter Rural Gas Gathering Lines.
PHMSA declines to adopt in this
rulemaking API RP 1182 or the 2nd
edition of API RP 80 in their entirety
without providing the public an
opportunity to review and comment
upon those standards. A few aspects of
API RP 1182 have been adapted in the
final rule, these are described in section
III.C. of the preamble of this final rule.
However, due to safety and
enforcement concerns, the final rule
defines limits to ‘‘incidental gathering’’
on new, replaced, relocated, or
otherwise changed gathering lines. The
final rule changes the NPRM’s proposed
one-mile endpoint for the designation
‘‘incidental gathering,’’ but does impose
a clear and defined limitation of ten
miles on ‘‘incidental gathering’’ for any
such pipelines constructed after the
effective date of this rulemaking.
Therefore, for gathering lines installed
after the effective date of the rule, the
‘‘connection to another pipeline’’
endpoint in section 2.2(a)(1)(E) of API
RP 80 may not be used if the connection
is ten or more miles from the endpoints
of gathering defined in paragraphs
(a)(1)(A) through (a)(1)(D). In other
words, if an ‘‘incidental gathering’’
portion of a newly constructed pipeline
would be ten or more miles in length,
then the incidental gathering concept
may not be used and the gathering line
terminates at the furthermost
downstream endpoint defined in API RP
80 sections 2.2(a)(1)(A) through
(a)(1)(d), subject to the limitations in
§ 192.8. While PHMSA appreciates the
contribution of the API RP 80 committee
on these definitional issues, ‘‘incidental
gathering’’ concept is a significant
source of uncertainty and concern that
requires an immediate regulatory
remedy to protect public safety. This
limitation in the final rule immediately
improves regulatory certainty regarding
each of the endpoints of gathering and
prevents potential abuse of the
incidental gathering concept pending
PHMSA’s consideration of the second
edition of API RP 80 and operational
experience gained from implementation
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of the definitional changes in this final
rule.
The purpose of API RP 80 was to
define clear endpoints to the gathering
and production lines based on their
function and purpose and eliminate the
circular definitions in part 192 at the
time. While the definitions for the end
of gathering in section 2.2(a)(1)(A)
through (a)(1)(D) of API RP 80 are not
perfect, they provide some definite
limits that are reasonably based on the
function of the line in question.
However, the incidental gathering
concept negates both goals by allowing
gathering to continue past what API
itself defines as the end of gathering
functions to the ‘‘connection to another
pipeline.’’ This reintroduces the circular
definitions in the original definition in
§ 192.3 that adoption of API RP 80 was
intended to clarify. API RP 80 includes
no limits to how far downstream the
connection to another pipeline can be.
As a result, PHMSA has observed
supposedly incidental gathering lines
that extend for several miles.
In addition to adding ambiguity to the
regulations, unlimited application of
incidental gathering creates a regulatory
gap where long-distance pipelines that
are functionally and operationally
indistinguishable from transmission
lines are classified as gathering lines
with less stringent safety standards. By
definition, an incidental gathering line
is downstream of the last gathering
function described in section 2.2 of API
RP 80. Past that point the gas will not
undergo further gathering-related
processing or comingling. Incidental
gathering can also include piping
downstream of a major gas processing
plant or a compressor used to increase
downstream pressure so that the gas can
be delivered to a transmission line (see
section 2.2.1.2.4 of API RP 80); if that
is the case, then the incidental gathering
line is being operated at the same (high)
pressure as the transmission line to
which it is directly connected. In other
words, such lines have functional and
operational characteristics—including
potential consequences—consistent
with gas transmission lines, not
production or gathering facilities. While
some allowance to connect to nearby
transmission facilities could be
appropriate on economic or
practicability grounds, this justification
fades the further downstream it is
applied.
In order to reduce this regulatory gap
for gathering lines that are downstream
of the last gathering function, the final
rule limits incidental gathering to no
more than 10 miles from the furthermost
downstream endpoint of gathering for
new, replaced, relocated, or otherwise
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changed pipelines. Specifically, PHMSA
no longer allows the use of the
‘‘connection to another pipeline’’
endpoint in paragraph 2.2(a)(1)(E) of
API RP 80 if it is 10 or more miles
downstream of the furthermost of the
other endpoints defined in paragraphs
2.2(a)(1)(A) through (a)(1)(D) of API RP
80. An ‘‘incidental gathering’’ pipeline
installed after the effective date of the
rule that extends beyond 10 miles shall
be considered a transmission line,
starting from the non-incidental
endpoint of gathering defined in API RP
80. PHMSA currently uses a similar
distance-based limit in § 192.8(a)(3) to
set reasonable parameters for using the
point of comingling, an actual gas
gathering function, described in API RP
80 section 2.2(a)(1)(C) as an endpoint to
gathering. While existing gathering lines
are not affected by this change, such
pipelines may be designated as Type C
regulated gas gathering and subject to
safety requirements, depending on their
diameter, pressure, and operating
environment (see sections III.C and III.D
below).
Applying these limits on incidental
gathering solely to only new, replaced,
relocated, or otherwise changed
gathering lines and revising the limit
from 1 mile to 10 miles addresses the
concerns raised by comments from
operators while establishing a limit to
incidental gathering going forward.
Applicability to only new and replaced
pipelines avoids disruption associated
with reclassifying previously
unregulated existing gathering lines as
transmission lines and reduces the
overall cost of the final rule for existing
infrastructure. PHMSA recognizes that
comments from operators broadly
opposed the proposed 1-mile limit, and
the GPAC did not recommend revisions
to definition, including incidental
gathering. However, as an alternative, a
10-mile limit was supported in public
comments from GPA Midstream and
OKOGA, trade associations for gas
gathering line operators, and represents
a reasonable first step towards
establishing a firm endpoint to
gathering. PHMSA also notes that a 10mile limit on the ‘‘incidental gathering’’
concept would also be consistent with
previous interpretation letters issued by
PHMSA.70 Extending the limit on
incidental gathering to 10 miles
provides greater flexibility for siting
processing facilities and associated
70 See, e.g., PHMSA, Interpretation Letter No. PI–
08–0010, Letter to State of Colorado Public Utilities
Commission (Feb. 20, 2009) (endorsing use of
‘‘incidental gathering’’ concept for an 8-mile line),
https://cms7.phmsa.dot.gov/sites/phmsa.dot.gov/
files/legacy/interpretations/Interpretation%20Files/
Pipeline/2009/PI-09-0006.pdf.
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pipelines compared with the 1-mile
limit in the proposed rule, addressing
concerns raised in comments. PHMSA
also notes that during this rulemaking
process, there was support among both
gathering line operators and public
commenters to clarify the application of
incidental gathering lines and impose
common-sense limitations on the
‘‘incidental gathering’’ concept. Finally,
as noted in the summary of comments,
GPA Midstream and OKOGA submitted
comments open to a 10-mile limit to
incidental gathering rather than 1 mile
as proposed in the NPRM.
Although the second edition of API
RP 80 includes a 20-mile limitation to
incidental gathering, PHMSA does not
believe that newly constructed
‘‘incidental gathering’’ lines should be
permitted to extend that far from a
gathering facility. As explained in the
NPRM, PHMSA has for more than a
decade expressed concerns that the
‘‘incidental gathering’’ concept has been
used to allow pipelines with certain
characteristics (operating pressures,
capacity, etc.)—and, consequently, risks
to the public and the environment—
resembling gas transmission lines to
avoid part 192 regulatory requirements
governing those lines. PHMSA does not,
therefore, understand the 20-mile limit
contemplated by API RP 80 to be as
effective in capturing the safety and
environmental benefits in comparison to
what a more demanding mileage
limitation would realize.
Further, PHMSA’s discussion with
various stakeholders revealed that there
are very few incidental gathering lines
that extend beyond 10 miles from the
gathering facility; PHMSA is not aware
of any, proposed new pipeline
construction projects that would be
classified as incidental gathering and
extend 10 miles from the end of the
gathering facility. The 10-mile
limitation on incidental gathering,
therefore, provides regulatory certainty
to stakeholders, recognizes uncertainty
regarding the cost impacts that could
arise if incidental gathering is limited to
1 mile and on existing gas gathering
lines, as proposed, and ensures that the
regulatory gap that currently exists with
regard to API RP 80’s absence of a
limitation on incidental gathering is
closed for all newly constructed lines.
PHMSA acknowledges that a regulatory
gap remains for existing incidental
gathering lines and new and replaced
incidental gathering lines 10 miles or
shorter. However, both new and existing
incidental gathering lines with the
highest potential safety hazards are
either covered by existing safety
standards for Type A and Type B
regulated gas gathering lines in Class 2,
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Class 3, and Class 4 locations, or the
new safety standards for Type C
regulated gas gathering lines in Class 1
locations established by this final rule.
These requirements are described in
sections III.C and III.D. of the preamble
to this final rule. PHMSA will
reconsider the issue of definitions,
including the endpoint of production
and treatment of incidental gathering
lines, in a separate rulemaking in order
to ensure stakeholders are able to
comprehensively comment on newly
proposed definitions and the second
edition of API RP 80. Infrastructure and
incident data collected as a result of this
rulemaking, inspection data, and the
public comment process will help
inform future limits to incidental
gathering.
C. Expanded Scope of Gas Gathering
Line Regulations—§ 192.8
1. Summary of PHMSA’s Proposal
In the NPRM, PHMSA proposed to
create a new category of Type A
regulated gas gathering lines in Class 1
locations that had a nominal diameter of
8 inches (actual outside diameter of
8.625 inches) or greater. This new
category of regulated gathering lines was
identified in the table of the proposed
§ 192.8 as ‘‘Type A, Area 2’’ (in the final
rule it is referred to as Type C), lines.
PHMSA proposed to define Type A,
Area 2 regulated gathering lines as
gathering lines located in Class 1
locations that meet the existing Type A
features in the table in § 192.9(b) (i.e.,
metallic with an MAOP that produces a
hoop stress of 20 percent or more of
SMYS, or non-metallic with an MAOP
greater than 125 psig) that have a
nominal pipe size of 8 inches or greater.
This change was intended to improve
the safety of larger-diameter, higherstress gathering lines that were
previously exempt from Federal safety
regulations at part 192. In the NPRM,
these newly designated Type A, Area 2
(Type C) regulated gathering lines
would have to comply with a basic set
of requirements as set forth in § 192.9.
The specific requirements for newly
regulated gas gathering lines are
discussed in section III.D of this
document.
2. Summary of Public Comment
API, the Michigan Public Service
Commission (Michigan PSC), the Texas
Pipeline Association (TPA), and Atmos
Energy Corporation (Atmos)
recommended that more data should be
collected before determining the
appropriate scope of additional
regulations. The PAPUC supported the
extension of regulatory oversight to
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gathering lines in Class 1 locations,
based on its experience with growing
natural gas production in Pennsylvania,
noting that gathering lines are being
constructed with diameters equal to or
larger than typical transmission lines
and are being operated at much higher
pressures than was typical in the past.
NAPSR supported the proposed scope
of the new gathering line requirements
but also commented that its members
believe all gathering lines should be
required to comply with part 192,
regardless of class location. Some
environmental and safety groups also
expressed support for the extension of
regulations to gas gathering lines in
Class 1 locations in order to reduce the
risks of incidents, greenhouse gas
emissions and other air pollution. For
example, EDF supported requirements
for the design, installation, construction,
initial inspection and testing, corrosion
control, damage prevention and leakage
surveys in order to reduce methane
emissions.
The North Dakota Petroleum Council,
the Marcellus Shale Coalition, the AGA,
the Plastics Pipe Institute (PPI), Spectra
Energy Partners, API, GPA Midstream,
the Northeast Gas Association, and
some individuals submitted comments
noting issues and uncertainty with the
regulatory impact assessment. For
example, GPA Midstream commented
that the benefits analysis included
information for offshore and Class 2
incidents that are not applicable to the
proposed scope of this final rule and
that the cost analysis underestimated
the time and cost to identify newly
regulated gathering lines in a short
amount of time and comply with the
new requirements, especially MAOP
determination and public awareness.
Many operators and industry groups
expressed disagreement with applying
regulations to all Class 1 gas gathering
lines with outer diameters of 8.625
inches or greater, arguing that gathering
lines on the smaller end of that category
do not represent the large-diameter,
high-pressure gathering lines referenced
in the preamble of the NPRM and public
discussions. API commented that if
PHMSA does proceed with defining a
new category of regulated gathering
lines, gathering lines with outer
diameter greater than 16 inches have the
potential to pose a higher risk and
should be the criteria for determining
regulated gathering, rather than 8
inches. API further suggested that
targeting lines with outer diameters
greater than 16 inches would be more in
the spirit of the risk-based philosophy of
other parts of the code, such as integrity
management. This suggestion was
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repeated by GPA Midstream, the North
Dakota, Petroleum Council, and others.
A number of commenters representing
the pipeline industry expressed
concerns with the deadlines to identify
newly regulated gathering lines and
then comply with the proposed
regulations. For example, Rice Energy,
Dominion East Ohio, API, and GPA
Midstream commented that the
implementation timeframe for
identifying proposed Type A, Area 2
(now Type C) regulated gathering lines
was too short. Industry commenters
were especially concerned about the
deadline to establish an MAOP,
especially if the MAOP verification
requirements proposed for gas
transmission lines in the NPRM also
applied to gathering lines. One
commenter suggested an economic
criterion to allow an exemption for
operators of economically marginal, low
stress gathering lines.
Some commenters expressed the view
that the proposed Type A, Area 2 (now
Type C) classification for newly
regulated gas gathering lines could be
confusing. Specifically, commenters
found that designating newly regulated
gas gathering lines as Type A, Area 2
(now Type C), and then requiring those
pipelines to follow requirements similar
to Type B rather than existing Type A
requirements was cumbersome and
risked conflating distinct regulatory
requirements. A few commenters
suggested a Type C designation rather
than the proposed Type A, Area 2 (now
Type C) designation. The GPAC
recommended PHMSA address these
concerns in the final rule.
3. GPAC Recommendation
GPAC voted 11–1 that the scope of
newly regulated gas gathering lines in
proposed § 192.8(b) and (c) is
technically feasible, reasonable, costeffective, and practicable if PHMSA
considered the following:
• Establishing an initial framework
for regulating Class 1 gathering lines
that could be built upon in light of
future information and experience;
• Setting a minimum set of
requirements for gathering lines 8.625
inches in outside diameter and greater
(considering, for example: Damage
prevention; line markers; public
awareness; leak surveys and repairs;
design, installation, construction, and
initial inspection and testing for new
lines; and emergency plans). Give due
consideration to the GPAC discussion
on the costs and benefits of performing
leakage surveys;
• Consider applying a PIR concept
and additional requirements to provide
safety and environmental protection for
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larger- diameter gathering lines (e.g.,
greater than 12.75 inch outside
diameter); and
• Ensuring that composite pipe 71 was
adequately addressed to minimize the
impact on its continued use. Note that
this is discussed in section III.D below.
4. PHMSA Response
In response to public comments and
the recommendations of the GPAC,
PHMSA has changed the proposed
‘‘Type A, Area 2’’ designation for newly
regulated gas gathering lines to ‘‘Type
C’’ lines. PHMSA originally proposed
use of the term ‘‘Type A, Area 2’’ (now
Type C) because the newly regulated gas
gathering lines have features similar to
existing Type A pipelines in the table in
§ 192.8, except that they are located in
Class 1 locations. However, PHMSA
agrees that creating the category ‘‘Type
C’’ may be less confusing. While
adopting the new designation of Type C
regulated gas gathering lines introduces
some repetition in the table in § 192.8,
PHMSA believes it will make clearer
that the three categories represent
different levels of risk that warrant
corresponding levels of regulation and
will reduce unnecessary confusion
among operators and inspectors in the
future.
The final rule continues to define
Type C regulated gas gathering lines as
gas gathering lines in Class 1 locations
that are 8.625 inches or greater in
diameter and are: (1) Metallic, with an
MAOP producing a hoop stress of 20
percent or more of SMYS; (2) metallic,
with an MAOP greater than 125 psig if
the hoop stress is unknown; or (3) nonmetallic, with an MAOP greater than
125 psig. However, PHMSA recognizes
that not all gathering lines that meet
these criteria pose the same level of risk.
Therefore, the final rule provides that
the requirements that Type C gathering
lines must comply with will vary, based
on the scale of risk associated with the
particular characteristics of the pipeline.
The applicability of each of the
requirements that potentially applies to
Type C lines is described in section III.D
below and the section-by-section
analysis. Gathering lines smaller than
8.625 inches in outside diameter or
operating below the pressure or stress
level criteria described above will
remain unregulated under part 192 and
71 A composite pipe is made of a combination of
either steel or plastic with a reinforcing material
designed to maintain its circumferential and
longitudinal strength. A common configuration
consists of steel or fiber reinforcement layered
between a polymer inside liner and outer shell. No
composite materials are currently authorized for use
in part 192 or part 195, but may be used through
a special permit (see § 190.341).
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are subject only to incident and annual
reporting in part 191 (see section III.A
below).
As described in the background
section (II.A) above, modern gathering
systems require larger, higher-pressure
lines to meet the new supply and
demand pressures than had been
common when the existing
requirements were put into place. This
is not a theoretical problem: Failures on
unregulated gas gathering lines have
resulted in serious incidents, some with
fatal consequences (see the discussion
in section II.A above).
PHMSA appreciates the need to
exercise caution in exercising its
statutory authority to regulate gathering
lines that have not been previously
covered by parts 191 and 192 without
clear, detailed safety data. This is why
a new category of gathering lines is
being created for reporting purposes
only that are only subject to the incident
and annual reporting requirements
described in section III.A of this
document. These are designated as
‘‘Type R’’ gathering lines in § 192.8.
These lines are not regulated gathering
lines under in part 192 but are subject
to incident and annual reporting
requirements in part 191.
However, there is ample basis upon
which to add the targeted requirements
in this final rule for Type C gathering
lines that mirror the requirements
already in place for existing, lowerstress Type B lines. These measures are
an appropriate initial step to ensure
basic safeguards to the public, property,
and the environment while additional
data is collected and analyzed.
Additionally, withdrawing the proposed
regulations in the NPRM for previously
unregulated gas gathering lines in its
entirety would be inconsistent with
public safety and would not be
responsive to GAO recommendation
GAO–14–667 or the Congressional
mandate in the 2020 PIPES Act.
Therefore, PHMSA is adding the
definition of Type C regulated gas
gathering lines as proposed in the
NPRM.
However, the new regulatory
requirements are tailored to the
potential hazards the newly regulated
gathering lines may pose. This is
described in more detail in section III.D
below. PHMSA determined that certain
programs, such as damage prevention,
are foundational to pipeline safety and
public trust and therefore should be
required for all Type C gas gathering
lines as originally proposed in the
NPRM. However, other requirements
apply only to Type C lines with an
outside diameter greater than 16 inches,
and Type C lines with an outside
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diameter larger than 12.75 inches that
are located near homes and other
structures. The largest-diameter gas
gathering lines and those that can
directly impact local communities are
required to comply with all of the
requirements for newly regulated Type
C (Type A, Area 2) gathering lines
proposed in the NPRM. The proposed
deadline to determine endpoints of
newly regulated gathering lines remains
unchanged in the final rule—6 months
after the effective date. Operators must
therefore identify the endpoints of
newly regulated Type C lines on or
before November 16, 2022. While the
GPAC recommended a 2-year
compliance deadline for identifying the
endpoints of Type C gathering lines,
such a delay is not necessary given that
PHMSA understands that many Type C
lines are of more recent vintage and
therefore would generally have more
robust records to facilitate
determination of endpoints than older
gathering lines. A prolonged
identification period would also delay
the important safety (section III.D. infra)
and reporting (section III.A.4. supra)
standards in the final rule. The Type C
determination in § 192.8(c)(2) requires,
at a minimum, knowledge only of the
location, diameter, and pressure of the
pipeline. Most Type C gathering lines
are relatively modern shale gas systems
and these basic records should be
readily accessible.
PHMSA acknowledges that this
deadline may be challenging for some
operators of certain older, smallerdiameter, systems. The final rule
therefore includes procedures for an
operator to request an alternative
compliance deadline with a notification
in accordance with § 192.18. This is
intended to mirror existing § 192.9(e)(2),
which gives the PHMSA Administrator
discretion to allow a later deadline if
justified in a particular case. An
operator must submit a written request
to PHMSA in accordance with § 192.18
no later than 90 days prior to the
standard compliance deadline. The
request must include, at a minimum, a
description of the facilities that require
a delayed compliance date, the
justification for an alternative
compliance deadline, and the proposed
alternative compliance deadline. An
operator may proceed with their
proposed compliance deadline if they
receive a no-objection letter from
PHMSA or if PHMSA does not reply
within 90 days. If delayed identification
impacts an operator’s ability to comply
with the requirements in § 192.9, they
must submit a separate notification to
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request delayed compliance under that
section.
The combination of changes
discussed in this section and in section
III.D below provides a reasonable and
cost-effective initial approach to address
the risks associated with previously
unregulated gas gathering lines. PHMSA
will monitor the safety performance of
both newly regulated gas gathering and
unregulated gas gathering lines and
evaluate the need for further regulatory
action in the future.
D. Safety Requirements for Newly
Regulated Gas Gathering Lines—
§§ 192.9, 192.13, 192.18, 192.452, and
192.619
1. Summary of PHMSA’s Proposal
PHMSA proposed in the NPRM to
apply part 192 safety requirements to
the newly-established Type A, Area 2
lines (referred to as Type C lines in the
final rule). These requirements,
collectively referred to as Type C
requirements in this final rule, are:
• § 192.9(d)(1)—Implement design,
installation, construction, initial
inspection, and initial testing
requirements for new/replaced/
relocated/changed lines in accordance
with the requirements in part 192 for
transmission lines.
• § 192.9(d)(2)—Adopt corrosion
control measures for metallic pipe in
accordance with part 192, subpart I,
requirements for transmission lines.
• § 192.9(d)(3)—Adopt damage
prevention measures in accordance with
§ 192.614.
• § 192.9(d)(4)—Develop public
awareness programs in accordance with
§ 192.616.
• § 192.9(d)(5)—Establish MAOP in
accordance with § 192.619.
• § 192.9(d)(6)—Install and maintain
line markers in accordance with the
requirements for transmission lines in
§ 192.707.
• § 192.9(d)(7)—Conduct leakage
surveys in accordance with § 192.706,
using leak- detection equipment and
promptly repair hazardous leaks that are
discovered, in accordance with
§ 192.703(c).
• § 192.9(d)(8)—Develop and
implement procedures for emergency
plans in accordance with § 192.615.
These requirements are the same as
those that currently apply to Type B
regulated gas gathering lines, except for
the new emergency plans requirements.
PHMSA also proposed conforming
changes to §§ 192.13, 192.452, and
192.619.
2. Summary of Public Comment
Citizen and environmental groups
expressed support for the proposed
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requirements for newly regulated gas
gathering lines or suggested additional
requirements. Several citizen groups
suggested that gas gathering lines that
function similarly to transmission lines
should be regulated like transmission
lines in part 192. Similarly, the Public
Service Commission of West Virginia
commented that the proposed
requirements for Type A, Area 2 (now
Type C) lines, which mirror the
requirements for low-pressure, lowstress Type B gathering lines, are not
adequate or sufficient to ensure the
safety of large, high-pressure gas
gathering lines and instead
recommended that such pipelines
follow existing Type A, Area 1
requirements (i.e. most gas transmission
line requirements) that apply to other
regulated gathering lines that operate
with higher stress levels and pressures.
GPA Midstream and Kinder Morgan
commented that Type A, Area 2 (now
Type C) lines should not have to
conduct leakage surveys with leak
detection equipment, as currently
required for Type B gathering lines in
§ 192.9(d)(7), since leaks and ruptures
on higher-stress Type A lines are easier
to detect without specialized
equipment. API and TPA proposed that
the emergency-planning requirements in
§ 192.9(d)(8) be revised to reference the
existing requirements for other types of
pipelines in § 192.615. They also
recommended exempting operators of
Type A, Area 2 (now Type C) regulated
gathering lines from the requirement to
have written procedures to respond to
each of the emergency situations listed
in § 192.615(a)(3), presumably for cost
concerns. API, GPA Midstream, and
Northeast Gas Association commented
that the compliance cost estimates used
in the RIA for Type A, Area 2 (now
Type C) regulated gathering lines were
underestimated and contained
erroneous assumptions. For example,
GPA Midstream raised concerns about
the costs of program evaluation
requirements under public awareness.
Industry commenters were especially
concerned about the applicability of the
proposed gas transmission requirements
in the NPRM such as the MAOP
reconfirmation, including the cost to
establish MAOP and confirm the
material properties of gathering lines
that were not previously required to
have an MAOP or keep such records.
PHMSA notes that these provisions
were finalized by the Gas Transmission
Final Rule and apply only to gas
transmission lines.
A number of commenters articulated
concerns about how the proposed
regulations would affect the use of nonmetallic materials in previously
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unregulated gathering systems.
Commenters representing gathering line
operators and non-metallic pipe
manufacturers urged PHMSA to
consider the impact of the rule on
gathering lines made of composite
materials and polyethylene pipe
manufactured to standards other than
ASTM D2513. A composite pipe is
made of a combination of either steel or
plastic with a reinforcing material
designed to maintain its circumferential
and longitudinal strength. A common
configuration consists of steel or fiber
reinforcement layered between a
polymer inside liner and outer shell. No
composite materials are currently
authorized for use in part 192 or part
195 but may be used through a special
permit (see § 190.341).
Commenters were especially
concerned with the possibility that
existing, unregulated lines made of nonmetallic materials would need to be
replaced if they subsequently become
regulated Type A, Area 2 (Type C) lines.
API suggested that PHMSA incorporate
by reference two standards, API
Standard 15S, ‘‘Spoolable Composite
Pipe Systems,’’ 1st edition and ASTM
F2619/F2619M–13, ‘‘Standard
Specification for High-Density
Polyethylene (PE) Line Pipe’’ into
§ 192.9 to allow the use of composite
materials and an alternative
specification for polyethylene pipe that
is commonly used in unregulated
production and gathering operations.
API and the Plastic Pipe Institute
commented that the proposed repair
criteria in the NPRM did not address
non-metallic materials and could
effectively eliminate the use of plastics
and composites in Type A, Area 2 (now
Type C) lines that previously had no
such restrictions. GPA Midstream also
commented that composite pipe can
operate at pressures that would include
them within the Type A, Area 2 (now
Type C) criteria and should therefore be
addressed in the rule.
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3. GPAC Recommendations
GPAC voted 12–0 that the proposed
minimum safety standards for Type A,
Area 2 (Type C) regulated gathering
lines were technically feasible,
reasonable, cost-effective, and
practicable, if the following changes
were made:
• Extend the deadline for Type A,
Area 2 (Type C) gathering lines that
become regulated in the future due to
new dwellings to comply with part 192
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requirements from one year to two years
after the effective date of the final rule;
• Add a notification process similar
to the process endorsed by the
committee for the gas transmission
rule 72 to address the use of composite
pipe materials in existing and new Type
A, Area 2 (Type C) gathering lines;
• Extend the deadline in § 192.8(b)
for determining if pipelines are
classified as Type A, Area 2 (Type C)
gathering lines from six months to two
years after the effective date of the final
rule;
• Extend the deadline for newly
regulated gas gathering lines to comply
with Type A, Area 2 (Type C)
requirements to three years after the
effective date of the rule, and make
conforming changes (§§ 192.9(e)(3) and
(4), 192.452, 192.13, and 192.619);
• Ensure that the language for
designating newly regulated gas
gathering lines is as clear as possible
(e.g., Type C vs. Type A, Area 2);
• Allow operators of Type A, Area 2
(Type C) gas gathering lines to establish
MAOP based on a five-year high
operating pressure; or via an alternative
method with notification to PHMSA
(§ 192.18 process); and
• Modify § 192.9 (d) to include Type
A, Area 2 (Type C) gathering lines.
4. PHMSA Response
PHMSA understands the concerns
expressed by the commenters regarding
the application of existing pipeline
safety requirements to newly regulated
gas gathering lines. While the final rule
does not significantly change the
NPRM’s proposed criteria for
designating newly regulated Type C gas
gathering lines (higher stress gathering
lines with an outside diameter of 8.625
inches or greater, see section III.C), it
does make changes to the NPRM’s
proposal regarding how each of the
proposed Type C requirements are to be
applied. These changes focus on
applying more requirements to the
highest-risk, largest-diameter gathering
lines. The risk-based approach to Type
C requirements in this final rule is based
upon discussions at the June 25th GPAC
meeting, consideration of the public
comments received on the NPRM, and
an analysis of the costs and benefits of
various alternatives (see the RIA,
available in the docket for this rule, for
a detailed description of alternatives
72 This recommendation was subsequently
codified as § 192.18 by the Gas Transmission Final
Rule (84 FR 52180).
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considered). As discussed during the
GPAC meeting, PHMSA emphasizes that
the Type C requirements are an initial
step in addressing safety concerns with
larger-diameter gas gathering lines. If
PHMSA’s analysis of the safety
performance of regulated and
unregulated gathering lines
demonstrates a need to revise the
requirements for regulated gathering
lines, PHMSA can exercise its authority
to do so in a future rulemaking.
The applicability of each of the
requirements for Type C regulated gas
gathering lines in the final rule is as
follows:
Requirements for Type C gathering
lines with outside diameters of 8.625
inches and greater:
• Design, installation, construction,
and initial inspection and testing for
lines that are new, replaced, relocated,
or otherwise changed after the
applicable compliance date in § 192.13
per transmission line requirements in
part 192;
• Corrosion Control (part 192, subpart
I);
• Damage Prevention Program
(§ 192.614);
• Emergency Plans (§ 192.615);
• Public Awareness (§ 192.616);
• Line Markers (§ 192.707); and
• Leakage Surveys (§ 192.706).
Additional requirements for Type C
gathering lines with outside diameters
greater than 12.75 inches:
• Applicable requirements of part 192
for plastic pipe and components; and
• Establishment of MAOP (§ 192.619).
Exception: Gathering lines with an
outer diameter 16 inches or less that are
not located within a potential impact
circle containing a building intended for
human occupancy or other impacted
sites must only comply with
requirements governing damage
prevention (§ 192.614); emergency plans
(§ 192.615); and, for Type C lines that
are new, replaced, relocated, or
otherwise changed after the applicable
compliance date in § 192.13 (i.e. 1 year
after the effective date of the rule),
certain design, installation,
construction, initial inspection, and
initial testing requirements applicable to
transmission lines under part 192.
These provisions are required for all
Type C gathering lines regardless of size
or location. The applicability of each of
these requirements is summarized in the
table below:
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Not located near a building intended for
human occupancy or other impacted site
(§ 192.9(f))
Located near a building intended for human
occupancy or other impacted site (§ 192.9(f))
Greater than or equal to 8.625 inches up to and
including 12.75 inches.
—Design, Construction, Initial Inspection and
Testing
(new/replaced/relocated/changed
lines).
—Damage Prevention ......................................
—Emergency plans
Greater than 12.75 inches up to and including
16 inches.
—Design, Construction, Initial Inspection and
Testing
(new/replaced/relocated/changed
lines).
—Damage Prevention.
—Emergency Plans.
All Type C Requirements
—Design, Construction, Initial Inspection and
Testing (new/replaced/relocated/
changed lines).
—Corrosion Control.
—Damage Prevention.
—Emergency Plans.
—Line Markers.
—Public Awareness.
—Leakage Surveys.
All Type C Requirements.
Outside diameter
Greater than 16 inches ......................................
The potential impact circle
calculation criterion for certain Type C
requirements is based on the method for
identifying high-consequence areas in
the gas transmission integrity
management program regulations in
subpart O of part 192. Specifically, the
terms ‘‘potential impact circle’’ and
‘‘potential impact radius (PIR),’’
including the formula for calculating
what the length of the potential impact
radius,73 are defined in § 192.903. The
‘‘potential impact circle’’ is the area
around a pipeline where a pipeline
rupture could cause severe
consequences, such as casualties and
destruction of property. PHMSA notes
that the formula requires knowing the
MAOP of the pipeline, rather than the
actual operating pressure. Additionally,
the final rule requires that operators of
Type C gathering line use a factor of
0.73 for wet/rich natural gas in the PIR
calculation rather than the 0.69 factor
for dry natural gas used in the integrity
management regulations. This results in
a slightly larger potential impact circle
reflecting the potentially more intense
fire and explosion hazards due to the
higher average energy content of
unprocessed gas, which may contain
higher concentrations of natural gas
liquids and other hydrocarbons. A 2005
report prepared for PHMSA by Michael
Baker Jr., Inc., titled, ‘‘Potential Impact
Radius Formulae for Flammable Gases
other than Natural Gas Subject to 49
CFR 192’’ 74 calculated that 0.73 was an
appropriate PIR factor for pipelines
transporting rich natural gas. The
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63283
73 See ASME B31.8S for additional information
on calculating PIR.
74 Michael Baker Jr., Inc. ‘‘TTO Number 13:
Potential Impact Radius Formulae for Flammable
Gases Other than Natural Gas Subject to 49 CFR
192: Final Report’’ (June 2005), https://
www.phmsa.dot.gov/sites/phmsa.dot.gov/files/
docs/technical-resources/pipeline/gastransmission-integrity-management/65311/
tto13potentialimpactradiusfinalreportjune2005.pdf.
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calculations are detailed in section 4.8.4
of the report using the same formula
described in ASME B31.8S that is
referenced in the gas transmission
integrity management regulations. API
RP 1182 uses the same factor for a
similar PIR concept, however that
document is not incorporated by
reference in this rule. Similarly,
§ 192.9(f) in this final rule dictates that
any Type C gathering line segment
located within a potential impact circle
containing a building intended for
human occupancy or other impacted
site must comply with all Type C
requirements applicable for the
diameter of that line, since a failure on
that segment has the potential to cause
catastrophic damage to local
communities. This approach was
discussed at the GPAC and in public
comments and PHMSA agrees it is an
effective way of prioritizing short-term
regulatory action towards gas gathering
lines with the highest potential
consequences of a failure.
PHMSA recognizes that not all
operators may be able to perform the
potential impact radius calculation. If
the gathering line segment does not
have an established MAOP or other
records necessary to perform the PIR
calculation, the operator may perform
the same determination on a class
location unit (see § 192.5) basis rather
than a potential impact circle basis. A
class location unit is 1 mile in length
and extends 220 yards on either side of
the centerline of a pipeline. PHMSA
notes that this uses the same ‘‘sliding
mile’’ approach used for determining
class locations rather than static milelong increments stacked end-over-end.
The class-location unit moves along the
pipeline, and if the sliding mile
contains a building intended for human
occupancy or other impacted site at any
point during the mile’s movement, then
the exception in paragraph (f) does not
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All Type C Requirements.
apply for the entire mile of pipeline
contained within the sliding mile.
The class location unit method for
applying these exceptions is used in API
RP 1182 and provides a simpler, more
conservative method for determining
the applicability of the § 192.9(f)
exception for operators that choose not
to perform a PIR analysis or lack records
of the parameters necessary to calculate
the PIR. PHMSA expects that the class
location unit method will result in
fewer miles of gathering lines being
covered by the § 192.9 exception in
almost all circumstances because the
additional requirements will apply for a
mile on each side of a building intended
for human occupancy or other impacted
site. Theoretically, the PIR of a pipeline
could exceed 220 yards; if this is the
case it is possible that some structures
could be captured by the PIR analysis
but not the class location unit analysis.
However, given that this exception is
limited for Type C gathering lines 16
inches or less in outside diameter, it is
unlikely that a gathering line 16 inches
or less in diameter will operate at a
pressure that would cause the
calculated PIR to exceed the width of
the class location unit. The MAOP of a
pipeline with an outside diameter of 16
inches must exceed 3000 psig for the
PIR of the pipeline to exceed 660 feet.
A MAOP of 3000 psig is unusually high.
Although PHMSA does not collect data
on MAOP on annual reports, incident
reports reveal that less than 1 percent of
gas transmission incidents from 2010
through the end of 2021 involved a
facility with an MAOP higher than 3000
psig; further, there were no incidents
volving a pipeline larger than 10.75
inches in outside diameter, and no
incidents on regulated onshore gas
gathering lines.
In the final rule, operators must
achieve compliance with applicable
Type C requirements no later than 1
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year after the effective date of the rule,
unless PHMSA has approved an
alternative compliance schedule after
the operator has submitted a notification
in accordance with § 192.18. This is a
shorter compliance deadline than the 3year phase in recommended by the
GPAC (i.e., 1-year after the endpoints of
Type C have been identified). The safety
standards in the final rule target known
threats to public safety, and the most
significant requirements are targeted at
gathering lines with direct potential
safety impacts (i.e., has a potential
impact circle containing a building
intended for human occupancy). Due to
these direct threats to the public, it is
critical that operators implement
minimum safety practices as soon as
practicable. The final rule provides
operators a total of 11⁄2 years from the
date of publication to implement these
measures, which should be achievable
for most operators.
However, PHMSA recognizes that
some operators may encounter
challenges in meeting the deadline for
one or more of the Type C requirements.
The final rule therefore includes
procedures for an operator to request an
alternative compliance deadline with a
notification in accordance with
§ 192.18. This is intended to mirror
existing § 192.9(e)(2), which allows the
PHMSA Administrator flexibility to
provide a later deadline if justified in a
particular case. An operator must
submit a written request to PHMSA in
accordance with § 192.18 no later than
90 days prior to the standard
compliance deadline. The request must
include, at a minimum, a description of
the facilities that require a delayed
compliance date, the proposed
alternative deadline, justification for the
alternative compliance deadline, and
actions the operator will take to ensure
the safety of the affected facilities in the
interim. The description of the pipeline
facility and the operating environment
should include relevant information
about the integrity of the pipeline and
the potential consequences in the case
of the release. This includes: The
diameter of the pipeline; the operating
pressure; known design and
construction specifications; results from
surveys, patrols, or integrity
assessments; and the presence of homes
or other human uses near the pipeline.
An operator may request an alternative
compliance schedule for more than one
requirement within § 192.9(e) in a single
notice. However, the notice must
include a proposed compliance
schedule and justification for each
requirement. An operator may proceed
with their proposed compliance
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deadline if they receive a no-objection
letter from PHMSA or if PHMSA does
not reply within 90 days.
Consistent with the deadlines
described above, design, construction,
initial inspection, and initial testing
requirements apply to all Type C lines
that are new, replaced, relocated, or
otherwise changed after the applicable
compliance deadline in § 192.13 (i.e., 1
year after the effective date of the rule).
Additionally, in the final rule, operators
of unregulated gas gathering lines that
become Type C regulated gathering
lines, or become subject to additional
Type C requirements, due to a change in
the pipeline’s MAOP or the discovery of
a building intended for human
occupancy or other impacted site have
1 year from the time the change is
discovered to comply with Type C
requirements.
PHMSA determined that it was
appropriate for all Type C gathering
lines that are new, replaced, relocated,
or otherwise changed after the
applicable compliance date in § 192.13
(i.e., 1 year after the effective date of the
rule) to comply with the initial design,
construction, inspection, and testing
requirements applicable to transmission
lines in part 192 to ensure that new,
higher risk gathering lines are
adequately designed and constructed.
PHMSA also determined that it was
appropriate for all Type C gathering
lines to comply with damage prevention
and emergency plan requirements in
§§ 192.614 and 192.615, based on the
incident history of transmission
pipelines and fatal gas gathering
incidents. For onshore gas transmission
lines between 2010 and 2019,
excavation damage was the third
leading cause of incidents and the most
common cause of incidents that resulted
in fatal injuries.75 As described in
section II.A, many of the fatal incidents
on unregulated gathering lines
described in media reports have been
caused by excavation damage. These
incidents commonly cause serious and
fatal injuries regardless of the diameter
or location of the pipeline since
equipment operators and other workers
may be in close proximity to the point
of failure. However, effective damage
prevention programs and participation
in One-Call programs can reduce this
risk. Based on gas transmission line
incident report data, both the number of
excavation damage incidents and the
share of incidents caused by excavation
damage has trended downwards
between 2000 and 2018. While
gathering lines are covered under
damage prevention and One-Call laws
in most States, PHMSA expects that
requiring operators to implement a
damage prevention program under part
192 may improve enforcement of these
requirements and cover lines in States
where gathering lines are excepted.
Maintaining a written damage
prevention procedure and
communicating damage prevention
information to the public may also
result in safety benefits beyond
compliance with State One-Call laws
from operators and excavators becoming
more cognizant of the risks of thirdparty damage to gathering lines.
The requirements for emergency plans
in § 192.615 directly address concerns
with operator and community
emergency response and planning
capability. Emergency response plans
and procedures for rural gathering lines
were areas of emphasis in GAO’s August
2014 report on safety requirements for
transporting energy products.76 In that
report, the NTSB, a representative of the
National Association of State Fire
Marshals and emergency response
officials agreed that ‘‘emergency
response plans are critical for pipeline
safety;’’ however, those emergency
officials were concerned that responders
in rural areas lacked the information
about unregulated gathering lines in
their communities to prepare for and
respond to pipeline emergencies.
Requiring all Type C gathering lines to
comply with § 192.615 addresses these
concerns by bringing emergency
planning requirements for such
pipelines in line with existing
requirements for gas transmission lines.
PHMSA disagrees with the comment
that Type C gas gathering lines should
be excepted from the requirement to
develop and follow procedures for
responding to common types of pipeline
emergencies listed in § 192.615(a)(3),
such as gas leaks in structures, fires,
explosions, and natural disasters. This
requirement is necessary to help ensure
effective emergency preparedness. As
described in the background section II
of this document and the GAO–14–667
report, emergency response capabilities
are especially important for gas
gathering systems operating in
communities that do not have
experience with intensive oil and gas
development.
Design, installation, construction,
initial inspection, and initial testing
75 Out of 1,057 incidents reported to PHMSA that
occurred during this period, 150 were due to
excavation damage. Of the 13 incidents that
resulted in fatal injuries, 6 were caused by
excavation damage.
76 GAO, GAO–14–667, ‘‘Oil and Gas
Transportation: Department of Transportation is
Taking Actions to Address Rail Safety, but
Additional Actions are Needed to Improve Pipeline
Safety’’ (Aug. 2012).
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requirements, and corrosion control
measures in part 192 are intended to
reduce the likelihood of a release caused
by material and equipment failure,
corrosion, and excavation damage.
Design, installation, construction, initial
inspection, and initial testing
requirements are prospective only.
Operators are not expected to replace
facilities existing on or prior to the
compliance deadline in § 192.13 (i.e., 1
year after the effective date of the rule)
in order to comply with these
requirements. PHMSA expects there
will be safety benefits from applying
part 192 design, construction, initial
inspection, and initial testing
requirements should those existing lines
require replacement, relocation or
otherwise be changed.
In the NPRM, PHMSA did not intend
to prohibit the use of composite pipe
materials on previously unregulated
Type C gathering lines or require the
removal of such materials. However, the
existing part 192 requirements were
written for steel or conventional plastic
pipe. Additionally, the NPRM did not
propose to incorporate by reference API
RP 15S or F2619/F2619M–13 and
PHMSA has not yet conducted the
technical review of those documents
needed to support their incorporation
by reference in this final rule.
To address composite pipe, PHMSA
has added a provision in the final rule
to allow operators to install or replace
composite pipe that is not otherwise
authorized by part 192 for use in
regulated Type C gas gathering lines
upon notification to PHMSA pursuant
to §§ 192.9(h) and 192.18. Operators
may use composite pipe or materials as
proposed in their notification if, after 91
days, they have not received a letter
from PHMSA with either an objection to
the proposed use of composite pipe, or
that states that PHMSA requires
additional time to conduct its review.
PHMSA may also proactively issue a noobjection letter. Additionally, operators
may continue to use composite pipe
installed on or before the effective date
of the rule; no notification under
§§ 192.9(h) and 192.18 would be
required in those circumstances. This
change affects Type C gathering lines
only and does not authorize the use of
composite pipe for any other type of
pipeline covered under part 192. Under
the § 192.18 notification process,
PHMSA will evaluate the operator’s
proposed operation and maintenance
procedures, which includes the
operator’s proposed remediation
methods and procedures for identifying
defects and determining the safe
operating pressures of composite pipe
when defects are found. PHMSA will
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not approve notifications that it
determines are inconsistent with
pipeline safety. An objection letter
issued under § 192.18 will not foreclose
an operator’s ability to seek a special
permit in accordance with § 190.341.
Additional information on this process
is provided in the section-by-section
analysis of this document. PHMSA may
use data obtained from observing the
design, construction, and operation of
composite materials in Type C gathering
lines to inform its future decisions on
whether and how to accept composite
materials for pipelines in other
jurisdictional applications.
Public awareness requirements in
§ 192.616 and line marker requirements
in § 192.707 apply to Type C lines that
are located near buildings intended for
human occupancy, and further address
residual risks despite part 192 damage
prevention and emergency planning
requirements. Public awareness
requirements in § 192.616 require
additional communication with
excavators, first responders, local
governments, and the public. Notably,
this provision at § 192.616(d) obliges
operators to describe the potential
hazards of a pipeline release, the
physical markers of a release, and how
to respond to customers and other
members of the community. This
requirement is especially important for
members of the public to identify
dangerous releases on gas pipelines that
are not odorized. These
communications improve safety by
encouraging individuals to take safe
actions such as contacting One-Call
before performing excavations and
recognizing, avoiding, and reporting gas
leaks. Section 192.707 requires the
placement of line markers at road and
railroad crossings, and wherever else
the operator deems is necessary. These
markers provide a visual reminder of
the presence of otherwise invisible
pipelines and serve to reduce thirdparty damage risks. Additionally, during
emergencies, line markers communicate
hazards and operator contact
information to first responders.
After consideration of public
comments, the recommendations of the
GPAC, and the final RIA that
accompanies this final rule, PHMSA has
retained the requirement for leakage
surveys in § 192.706 for both (1) all
Type C gathering lines with an outside
diameter greater than 16 inches, as well
as (2) Type C gathering lines with an
outer diameter greater than 8.625 inches
but not exceeding 16 inches in outside
diameter that are located in a potential
impact circle containing a building
intended for human occupancy or other
impacted site. In other words, this
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requirement applies to larger-diameter
gas gathering lines and those that could
directly impact nearby structures and
people during a rupture. Since Class 1
gas gathering lines are not typically
odorized and the leakage survey
requirement applies to larger diameter
Type C gathering lines or those located
near people, PHMSA has retained the
requirement that operators use leak
detection equipment when conducting
leakage surveys. Leak detection
equipment is already required for
leakage surveys on gas transmission
lines that are not odorized.
Part 192 does not currently establish
technology or performance standards for
leak detection equipment, and the
NPRM did not propose to establish
standards for leak detection equipment.
The final rule therefore does not specify
what constitutes ‘‘leak detection
equipment.’’ Any equipment capable of
detecting all leaks on the pipeline
system would be acceptable.77
Traditionally, operator personnel
perform an instrumented leakage survey
by walking along the pipeline right-ofof way with handheld leak detection
equipment, such as a flame ionization
detection device, laser-based methane
detector, or other equipment. Similar
equipment can be installed on vehicles
or at fixed locations along the right of
way. Some technology providers claim
to detect smaller leaks from greater
distances using a combination of
vehicular or aerial sensor platforms,
sensitive gas detectors, other sensors,
and analytics. There are also various
methods for continuous leak
monitoring, including pressure and
pressure wave monitoring, fixed gas
detectors, and fiber optic-based
distributed sensing. Performing leakage
surveys increases the likelihood that
small defects are discovered and
remediated before they evolve into more
significant failures with potentially
severe impacts to people, nearby
structures, and the environment.
Leakage surveys are also necessary to
mitigate the climate change impacts of
methane leaks.
Lastly, consistent with the GPAC
recommendations, PHMSA adopts the
remaining requirements proposed in the
NPRM for application to all Type C
lines with an outside diameter of greater
than 16 inches, and Type C lines with
an outside diameter greater than 12.75
inches but not exceeding 16 inches in
outer diameter, that are located near
buildings intended for human
77 See, e.g., PHMSA, Interpretation Letter No PI–
01–0104, Letter to Richard Motsinger (Apr. 3, 2001),
https://www.phmsa.dot.gov/regulations/title49/
interp/PI-01-0104.
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occupancy or other impacted sites. For
example, MAOP determinations will
also be required for Type C gathering
lines with an outside diameter greater
than 16 inches, and Type C lines larger
than 12.75 inches in outside diameter
up to and including 16 inches in outside
diameter that are located in a potential
impact circle containing a building
intended for human occupancy or other
impacted sites. The amendments
proposed in the NPRM to the tables in
§ 192.619(a)(3) that would give existing
Type C gathering lines the option of
establishing an MAOP based on
historical operating pressure have been
incorporated into the final rule.
Therefore, newly regulated Type C lines
now will have the option of establishing
MAOP using the highest actual
operating pressure to which the segment
was subjected during the five years (60
months) preceding the effective date of
the rule, or five years (60 months) before
first becoming subject to the rule,
whichever is later.
However, PHMSA supports the GPAC
recommendation to allow operators of
Type C gas gathering lines to establish
MAOP using alternative methods
pursuant to the notification process set
forth in § 192.18 and the requirements
of § 192.619(c)(2). PHMSA is persuaded
that allowing alternative methods with
PHMSA approval under § 192.18 for
establishing the MAOP of a previously
unregulated Type C gas gathering line
existing on or before the effective date
of the rule is appropriate. Such
operators were not previously required
to make and maintain records of MAOP,
pressure tests, or operating pressure and
may not have traceable, verifiable, and
complete records necessary to calculate
an MAOP using the lowest of each of
the methods listed in § 192.619. This
final rule includes a new § 192.619(c)(2)
and conforming changes to § 192.18 to
allow an operator of an existing Type C
regulated gathering lines based on
available records. Under this process,
the operator would propose an MAOP
based on the information available
about the pipeline, such as actual
highest operating pressure, operational
and maintenance history, pressure test
records, and information about the
design and material properties of the
pipeline. The new paragraph specifies
the minimum information required to be
submitted to PHMSA in the notification.
The ‘‘no objection’’ process in § 192.18
requires PHMSA to respond within 90
days. If, after 90 days, PHMSA has not
responded to the notification, the
operator would be allowed to use the
‘‘other technology’’ method to establish
MAOP. This approach is not permitted
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for natural gas pipeline facilities other
than Type C regulated gathering lines.
The risk-based application of each of
these Type C requirements is based on
the operational and functional
characteristics of those lines and strikes
an appropriate balance between the
need to protect people and the
environment from the risks associated
with large-diameter, high-pressure
gathering lines and the need to exercise
caution imposing regulatory burdens
before more detailed information can be
collected. The most substantive
requirements apply to all Type C
gathering lines with outer diameter of
more than 16 inches and Type C
gathering lines larger than 12.75 inches
up through and including 16 inches that
could directly affect homes, businesses,
and other building intended for human
occupancy. This approach focuses more
stringent compliance measures on gas
gathering lines that pose the most
significant potential hazard to people
and the environment. The requirements
that remain for Type C gathering lines
with an outside diameter of 12.75
inches or less include initial design,
construction and testing requirements,
leakage surveys emergency planning,
damage prevention, and corrosion
control. While the GPAC recommended
PHMSA consider applying leakage
survey requirements to all Type C
gathering lines, PHMSA has concluded
that more detailed information on the
extent and safety performance of such
pipelines is needed to justify applying
those requirements for Type C lines 16
inches in outside diameter and smaller
that do not have a building intended for
human occupancy within the PIR.
However, as discussed at the GPAC
meeting and in this final rule, PHMSA
will use the data collected from the new
reporting requirements to evaluate
continuously PHMSA’s oversight of gas
gathering lines and determine if
additional requirements are appropriate
in the future.
There is no potential impact circle or
class-location unit-based exception for
Type C gathering lines larger than 16
inches in outside diameter. PHMSA
considered alternatives raised in the
GPAC discussions and public
comments, such as having no limit to
the potential impact circle exception or
limiting it to an outside diameter of 24
inches. After considering these factors
and the revised RIA, PHMSA ultimately
determined that the 16-inch limit for the
PIR exception initially presented to the
committee was appropriate. PHMSA
notes that API and other industry
commenters on the NPRM suggested 16
inches or greater, without a PIR
exception, as an alternative definition
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for Type C. Many of the Type C
requirements applicable to larger
pipelines relate to initial design,
construction, and corrosion control
issues, and it is important for such
pipelines to be properly constructed,
tested, coated, and have cathodic
protection applied before new homes
and other buildings intended for human
occupancy are built nearby in the
future—because such measures reduce
associated safety risks. Additionally, the
volume of a pipeline and the energy
released during a rupture increase
exponentially as pipe diameter
increases. A rupture on a largerdiameter pipeline, all else being equal,
is therefore more likely to have
consequences other than direct damage
to structures. These include
externalized economic disruptions to
downstream users and environmental
consequences such as methane
emissions and ecological damage. These
external consequences can be significant
even if the potential impact radius of a
pipeline segment is smaller than the
width of a gas transmission class
location unit (660 ft.).
The NPRM’s other proposed changes,
including revisions to § 192.619(a)(4)
and 192.619(e), only apply to gas
transmission lines. In the Gas
Transmission Final Rule, PHMSA
clarified which new regulatory
requirements from the NPRM apply
only to gas transmission lines by
including exceptions to those
requirements for Type A and Type B
gathering lines § 192.9(c). In this final
rule, Type C lines are also exempt from
these requirements. Several other
regulatory changes proposed in the
NPRM, specifically the proposed repair
criteria, were intended to apply solely to
gas transmission lines. PHMSA expects
to clarify the applicability of those
requirements when the final rule
addressing the repair criteria for gas
transmission lines is published under
RIN 2137–AF39.
In response to comments and
additional analysis, PHMSA has also
updated the RIA. The revisions and
clarifications described above reduce
the cost of the requirements in § 192.9.
Specifically, the most significant of the
proposed requirements will now apply
only to large-diameter pipelines and
certain smaller-diameter pipelines that
are located within a potential impact
circle containing a building intended for
human occupancy or other impacted
sites. Additionally, clarifying that the
recordkeeping, material verification,
and MAOP reconfirmation requirements
proposed in the NPRM were not
intended to apply to gathering or
distribution lines addresses a large share
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of the cost concerns raised in the
comments.
IV. Section-by-Section Analysis
§ 191.1
Scope
Part 191 prescribes requirements for
the reporting of incidents, safety-related
conditions, annual pipeline summary
data, National Operator Registry
information, and other miscellaneous
conditions by operators of gas pipelines.
Section 191.1 identifies the scope of
applicability of the reporting
requirements. PHMSA is revising
§ 191.1(a) to more clearly state that part
191 applies to offshore and onshore gas
gathering not excepted by § 191.1(b).
This change is intended to define the
existing scope of part 191 to offshore gas
gathering lines and the revised
applicability to onshore gas gathering
lines in plain language. PHMSA is
revising § 191.1(b) to remove the
exception to part 191 in § 191.1(b)(4) for
unregulated, onshore gas gathering
lines, including gathering lines that
operate at less than 0 psig or are located
within the inlets of the Gulf of Mexico.
Incident Reports and Annual Reports
will now be required for all onshore gas
gathering lines, including Type R
gathering lines. The expanded reporting
requirements for previously unregulated
gas gathering lines will provide data for
monitoring the safety performance of
these pipelines and a sound basis for
evaluating if future regulatory changes
are needed. However, this final rule
excepts Type R gas gathering lines from
requirements for OPID validation in
§ 191.22(b), notifications in § 191.22(c),
and safety-related condition reports in
§ 191.23. Operators must still update
their OPID information (e.g., change in
primary entity, change in name) before
submitting an incident or annual report
if a change has occurred.
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§ 191.3
Definitions
PHMSA is adding definitions for
‘‘regulated onshore gathering’’ and
‘‘reporting-regulated gathering.’’ The
term ‘‘regulated onshore gathering’’ is
defined as a Type A, Type B, or Type
C gas gathering line as determined in
accordance with § 192.8. The term
‘‘reporting-regulated gathering’’ is
defined as an onshore gathering
pipeline other than a regulated onshore
gathering pipeline. These pipelines have
been designated as ‘‘Type R’’ gathering
lines in § 192.8 but are not regulated
under that part.
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§ 191.15 Transmission Systems;
Gathering Systems; Liquefied Natural
Gas Facilities; and Underground
Natural Gas Storage Facilities: Incident
Report
This revision requires operators of
Type R gathering pipelines to submit
incident reports using DOT Form
PHMSA F 7100.2–2. Regulated
gathering lines, including Type C
gathering lines, must continue to submit
reports using DOT Form PHMSA F
7100.2.
For Type R gathering lines, an
incident report is required for any event
meeting the definition of an incident
that occurs after the effective date of the
rule. Operators are not required to
categorize and report retroactively
events which occurred before the
effective date of the rule. The form
excludes information related to part 192
requirements that do not apply.
gathering lines, including regulated
onshore gas gathering lines, more
explicit.
§ 191.17 Transmission Systems;
Gathering Systems; Liquefied Natural
Gas Facilities; and Underground
Natural Gas Storage Facilities: Annual
Report
This section prescribes requirements
for submitting annual reports. This final
rule adds a paragraph (a)(2) that
specifies the annual reporting
requirements for operators of Type R
gathering lines. Such operators must
complete and submit DOT Form
PHMSA F 7100.2–3. The first report is
due no later than March 15, 2023 for the
2022 reporting year. The form
instructions address how to report data
attributes that are unknown.
§ 192.8 How are onshore gathering
lines and regulated onshore gathering
lines determined?
Section 192.8 describes how onshore
pipelines and segments are determined
to be onshore gathering lines and
regulated onshore gathering lines. The
definition of regulated onshore
gathering line has been redesignated as
paragraph (c). The final rule adds a new
paragraph (b) to specify that gas
gathering line must maintain records
documenting the methodology used to
determine the beginning and endpoints
of segments determined to be gas
gathering lines as determined in
accordance with part 192. This final
rule specifies that these records must be
established within 1 year of the effective
date of the rule, or within 1 year of
pipeline installation, whichever is later.
These records include the API RP 80
definitions and methods used to define
the beginning and endpoints and where
those points are located (e.g., mile
markers, address, or coordinates).
Operators must maintain these records
for the life of the pipeline, meaning
until the pipeline is removed from the
ground or permanently abandoned in
place in accordance with § 192.727. An
operator may request an alternative
compliance deadline with a notification
to PHMSA submitted in accordance
with § 192.18 if the standard
compliance deadline is impracticable.
This notification must include a
description of the affected facilities and
operating environment, the justification
for an alternative compliance deadline,
and the operator’s proposed alternative
deadline. This notification must be
submitted to PHMSA no later than 90
days prior to the standard compliance
deadline in § 192.8(b)(1). The operator
§ 191.23 Reporting Safety-Related
Conditions
This section specifies requirements
for submitting safety-related conditions.
In this final rule, paragraph (b)(1) is
revised to except Type R gathering lines
from safety-related condition reporting
requirements in §§ 191.23 and 191.25.
§ 191.29 National Pipeline Mapping
System
Section 191.29 specifies requirements
for participation in the National
Pipeline Mapping System (NPMS).
Section 60132 of the Federal Pipeline
Safety Law requires operators of a
pipeline facilities excluding distribution
and gathering lines to provide
information to be included in the
NPMS. In response to comments, the
final rule clarifies that the requirements
in § 191.29 do not apply to gas gathering
lines. Although § 191.29(a) states the
requirement applies only to operators of
gas transmission lines and liquefied
natural gas (LNG) facilities, the final
rule makes the exclusion of gas
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§ 192.3 Definitions
Section 192.3 defines certain terms
used in part 192. The final rule adds a
definition for ‘‘composite materials.’’
The term ‘‘composite materials’’ means
the materials used to make pipes or
components manufactured with a
combination of either steel and/or
plastic and a reinforcing material to
maintain their circumferential or
longitudinal strength. This definition is
added to describe the process for
notifying PHMSA prior to the use of
composite materials on new, replaced,
relocated, or otherwise changed Type C
gathering lines in § 192.9. This
definition alone does not authorize the
use of composite pipe or materials
under this part.
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may proceed with their proposed
alternative deadline if they receive a no
objection letter from PHMSA or if
PHMSA has not replied within 90 days
of submitting the notification.
The final rule also revises
§ 192.8(a)(5) to address the use of the
incidental gathering concept described
in API RP 80. For new, replaced,
relocated, or otherwise changed gas
gathering lines installed after the
effective date of this final rule, the
‘‘incidental gathering’’ concept, as
described in section 2.2.1.2.6 of API RP
80, may not be used if the ‘‘incidental’’
endpoint in paragraph 2.2(a)(1)(E) of
API RP 80 is 10 miles or more from the
furthermost downstream point where a
gathering line end as determined in
accordance with paragraphs 2.2 (a)(1)(A)
through (a)(1)(D) of API RP 80 and
§ 192.8 (e.g. processing facilities,
compressor stations, points of
comingling). A new, replaced, relocated,
or otherwise changed pipeline that is
designated as an ‘‘incidental gathering’’
pipeline in API RP 80 but is 10 miles
or more in length will be considered a
transmission pipeline subject to all
applicable portions of parts 191 and
192. Incidental gathering lines existing
on or before the effective date of the rule
may continue to operate as a gathering
line, regardless of length.
One major aspect of this final rule is
to identify a new category of regulated
onshore gas gathering lines, designated
as Type C lines in § 192.8. As discussed
previously, a Type C regulated onshore
gathering line is defined as any onshore
gathering line that is 8.625 inches or
larger in outside diameter, is located in
a Class 1 location, and meets one of the
following criteria, as applicable.
• Metallic pipe and the MAOP
produces a hoop stress of 20 percent or
more of SMYS;
• Metallic pipe and, if the stress level
is unknown, the MAOP is more than
125 psig (862 kPa); or
• Non-metallic and the MAOP is
more than 125 psig (862 kPa).
The minimum safety standards
applicable to Type C gathering lines are
specified in the revisions to § 192.9. The
final rule adds the new Type C category
to the table in § 192.8(b)(2). The purpose
of adding this new category of regulated
gas gathering lines is to ensure that
operators of larger-diameter, higherpressure gas gathering lines in Class 1
locations follow a basic set of
requirements targeting known threats to
public safety and pipeline integrity such
as excavation damage, corrosion, and
construction defects.
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§ 192.9 What requirements apply to
gathering lines?
This final rule codifies the minimum
safety standards for Type C regulated
gas gathering lines. The requirements
for Type C gathering lines in this final
rule are broken down as follows:
Type C requirements for pipelines
with outside diameter of 8.625 inches
and greater:
• Design, installation, construction,
and initial inspection and testing per
transmission line requirements in part
192 for lines that are new, replaced,
relocated, or otherwise changed after the
applicable compliance date in § 192.13;
• Corrosion control (part 192, subpart
I);
• Damage prevention program
(§ 192.614);
• Emergency plans (§ 192.615);
• Public awareness (§ 192.616);
• Line markers (§ 192.707); and
• Leakage surveys (§ 192.706).
Additional Type C requirements for
pipelines with an outside diameter of
12.75 inches and greater:
• Applicable requirements of part 192
for plastic pipe and components; and
• Establish MAOP (§ 192.619).
The final rule adds § 192.9(f), which
creates an exception from certain part
192 requirements if a Type C gathering
line has a diameter of 16 inches or less
and is not located near local
communities as determined by one of
the following methods:
Method 1. Potential Impact Circle.
The segment is not located within a
potential impact circle as defined in
§ 192.903 containing a building
intended for human occupancy or other
impacted site. This is the same method
used to determine HCAs in the gas
transmission integrity management
regulations. Note that similar to the
method for identifying HCAs, any point
on a pipeline located within any
potential impact circle containing a
building intended for human occupancy
or other impacted site may not apply the
exception even if a potential impact
circle drawn from that point does not
contain such a location itself (Refer to
Figure E.I.A. in appendix E to part 192).
The formula for calculating a
potential impact radius is defined in
§ 192.903. PHMSA notes that this
formula requires knowledge of the
MAOP and nominal diameter of the
pipeline. If the segment does not have
an MAOP established in accordance
with § 192.619, or if the diameter is
unknown, the operator must use method
2 or not apply the exception and comply
with the Type C requirements that are
applicable based on the diameter of the
pipeline. Additionally, operators must
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use a factor of 0.73 rather than the dry
gas factor of 0.69 used in the integrity
management regulations. The increased
factor accounts for the potentially
higher combustion energy of
unprocessed natural gas, which may
contain varying amounts of other
combustible hydrocarbons.
Method 2: Class Location Unit. This
analysis is similar to Method 1.
However instead of calculating a
potential impact circle, the class
location unit as defined in § 192.5(a)(1)
is used. This is the ‘‘sliding mile’’ or
‘‘continuous-mile’’ analysis used for
class location determination. A class
location unit is 1 mile in length and
extends 220 yards on either side of the
centerline of a pipeline. PHMSA notes
that this uses the same ‘‘sliding mile’’
approach used for determining class
location rather than static mile-long
increments stacked end-over-end. The
class-location unit moves along the
pipeline, and if the sliding mile
contains a building intended for human
occupancy or other impacted site at any
point during the mile’s movement, then
the exception in paragraph (f) does not
apply for the entire mile of pipeline
contained within the sliding mile. This
method does not require knowledge of
the pipeline’s MAOP.
For the purposes of applying this
exception, ‘‘building intended for
human occupancy’’ or ‘‘other impacted
site’’ is defined in § 192.9(f)(4) to mean
any of the following:
• One or more buildings that may be
occupied by humans, including homes,
office buildings factories, outside
recreation areas, and plant facilities.
• A small, well-defined outside area
(such as a playground, recreation area,
outdoor theater, or other place of public
assembly) that is occupied by 20 or
more persons on at least 5 days a week
for 10 weeks in any 12-month period
(the days and weeks need not be
consecutive). This has the same
meaning and interpretation as the Class
3 criterion in § 192.5(b)(3)(ii); or
• Any portion of the paved surface,
including shoulders, of a designated
interstate, other freeway, or expressway,
as well as any other principal arterial
roadway with 4 or more lanes. This has
the same meaning and interpretation of
section (1)(ii) of the ‘‘moderate
consequence area’’ definition in § 192.3.
The table below summarizes the
applicability of the Type C requirements
based on the size and location of a given
segment.
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Not located near a building intended for
human occupancy or other impacted site
(§ 192.9(f))
Located near a building intended for human
occupancy or other impacted site (§ 192.9(f))
Greater than or equal to 8.625 inches up to and
including 12.75 inches.
—Design, Construction, Initial Testing (new/
replaced/relocated/changed lines).
—Damage Prevention.
—Emergency plans.
Greater than 12.75 inches up to and including
16 inches.
—Design, Construction, Initial Testing (new/
replaced/relocated/changed lines).
—Damage Prevention.
—Emergency Plans.
All Type C Requirements .................................
—Design, Construction, Initial Testing (new/
replaced/relocated/changed lines).
—Corrosion Control.
—Damage Prevention.
—Emergency Plans.
—Line Markers.
—Public Awareness.
—Leakage Surveys.
All Type C Requirements.
Outside diameter
Greater than 16 inches ......................................
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Section 60104(b) of the Pipeline
Safety Acts exempts new design,
installation, construction, initial
inspection, and initial testing standards
from applying to gathering lines that
existed before the effective date of this
final rule. In other words, if a previously
unregulated gas gathering line becomes
regulated by operation of this final rule
(and is not itself replaced, relocated, or
otherwise changed after the compliance
date in § 192.13), the operator is not
required to bring retroactively that
pipeline facility into compliance with
the new design, installation,
construction, initial inspection, and
initial testing requirements.
The rule also adds an exception in
§ 192.9(f)(3) to these requirements for
segments shorter than 40 feet 78 that are
installed, relocated, or changed on Type
C gathering lines that were installed
before the effective date of the rule.
Regulations in part 192 that do not
pertain to design, installation,
construction, initial installation, or
initial testing may apply to the segment
regardless of the date of installation.
In § 192.9(g)(4), existing gathering
lines that become classified as Type C
regulated gathering lines due to the
publication of this final rule have a 1year compliance deadline to meet the
applicable requirements in this section.
An operator may request an alternative
compliance deadline with a notification
to PHMSA submitted in accordance
with § 192.18 if the standard
compliance deadline is impracticable.
This notification must include a
description of the affected facilities and
operating environment and, for each
requirement that requires an alternative
compliance deadline: The justification
for an alternative compliance deadline,
and the operator’s proposed alternative
deadline. The notification must also
include a description of actions the
78 A single length of pipe is typically 40 feet in
length.
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operator will take to ensure the safety of
the affected facilities in the interim.
This notification must be submitted no
later than 90 days prior to the standard
compliance deadline. The operator may
proceed with their proposed alternative
deadline if they receive a no objection
letter from PHMSA or if PHMSA has not
replied within 90 days of submitting the
notification.
In § 192.9(g)(5), operators of gathering
lines that become classified as Type C
regulated gathering lines in the future
due to an increase in MAOP, a change
in dwelling density, or a change in class
location have a 1-year compliance
deadline to meet the requirements of
this section. Similarly, an operator of a
Type C gathering line that becomes
subject to additional Type C
requirements in the future, for example
when a change in dwelling density or
increased MAOP causes the exceptions
in paragraph (f) to no longer apply, has
a 1-year compliance deadline to meet
those additional requirements.
Conforming changes were made to
paragraphs (g)(2) and (3) to clarify that
the existing implementation deadlines
now apply only to Type A and Type B
regulated gathering lines.
The final rule also adds a new
paragraph (h) to clarify that operators
may install or replace pipe or
components made of composite
materials that are not otherwise
authorized in part 192 on Type C
gathering lines upon submittal of a
notification to PHMSA pursuant to
§ 192.18, unless PHMSA issues an
objection letter to the operator’s
notification. Under the § 192.18
notification process, PHMSA will
evaluate the operator’s proposed
operation and maintenance procedures,
which includes the operator’s proposed
remediation methods and procedures
for identifying defects and determining
the safe operating pressures of
composite pipe when defects are found.
PHMSA will not approve notifications
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All Type C Requirements.
that are not consistent with pipeline
safety. A rejection under § 192.18 will
not foreclose an operator’s ability to
seek a special permit in accordance with
§ 190.341.
Operators may continue to operate
gathering lines containing composite
pipe or materials existing on or before
the effective date of the rule without
notification to PHMSA. However,
operators of Type C pipelines must
comply with all other applicable Type
C requirements once the final rule
becomes effective. Additionally, per
new § 192.9(e)(1)(i), notification is not
required for replacements, relocations,
or changes of composite pipe segments
40 feet or less in length on pipelines
that were installed before the effective
date of the rule. Replacements using
composite materials on Type C
gathering lines, including composite
materials installed per a notification,
require notification to PHMSA
regardless of length. Replacing a
segment of composite pipe with steel or
plastic pipe and components authorized
under part 192 does not require
notification. The notification
requirement does apply to repairs
involving replacements, relocations, or
significant changes to the pipe. If an
operator discovers a condition that
requires immediate replacement,
operators should describe all urgent
conditions in their notification to
PHMSA, request an emergency special
permit under § 190.341, or conduct the
repair using materials authorized under
part 192, such as steel.
§ 192.13 What general requirements
apply to pipelines regulated under this
part?
This is a conforming change that
repeats the compliance deadlines for
Type C lines in § 192.8 and clarifies that
the previously existing compliance
deadlines for regulated gas gathering
lines in that section continue to apply
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to Type A and Type B regulated
gathering lines.
§ 192.18 How To Notify PHMSA
This is a conforming change in the
final rule to allow the use of the
notification procedures in this section to
comply with §§ 192.8(b) and (g)(4),
192.9(h), and 192.619(c)(2).
§ 192.150 Passage of Internal
Inspection Devices
Currently, this section provides that
Type A regulated gathering lines are
exempt from the requirement that new
gas transmission lines be able to
accommodate the passage of
instrumented internal inspection
devices. This amendment clarifies that
lower-risk Type B and Type C lines are
also exempt.
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§ 192.452 How does this subpart apply
to converted pipelines and regulated
onshore gathering lines?
This section of the final rule
documents conforming changes to
address the applicability of part 192,
subpart I, to unregulated gathering lines
that become Type C onshore regulated
gathering lines. Specifically, it covers
previously unregulated gathering lines
that become regulated by operation of
this final rule. Additionally, it covers
previously unregulated gathering lines
that become subject to Type C corrosion
control requirements in the future due
to a change in MAOP or the presence of
a building intended for human
occupancy or other impacted site. Such
pipelines are treated as if they were
installed before August 1, 1971, for the
purposes of subpart I. The final rule also
clarifies in paragraph (d) that gathering
lines that are subject to subpart I at the
time of construction must meet the
corrosion control requirements
applicable to pipelines installed after
July 31, 1971.
§ 192.619 Maximum Allowable
Operating Pressure: Steel or Plastic
Pipelines
This section of the final rule includes
conforming changes on the applicability
of § 192.619 for determining the MAOP
for newly regulated gathering lines, i.e.,
Type C lines. Additionally, a new
paragraph (c)(2) has been added to allow
operators of newly regulated Type C gas
gathering lines to establish an MAOP
using ‘‘other technology’’, upon
notification to PHMSA in accordance
with § 192.18. This process would only
be available to segments where the
MAOP was established under
§ 192.619(c) and the operator does not
have the requisite operational pressure
records because the pipeline was
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previously unregulated and not required
to retain such records. The justification
of the proposed MAOP must be
reviewed and accepted by a qualified
technical subject matter expert. PHMSA
expects a qualified subject matter expert
to be an individual with formal or onthe-job technical training in the
technical or operational area being
analyzed, evaluated, or assessed. The
operator must be able to document that
the individual is appropriately
knowledgeable and experienced in the
subject being assessed.
V. Availability of Standards
Incorporated by Reference
PHMSA currently incorporates by
reference into 49 CFR parts 192, 193,
and 195 all or parts of more than 80
standards and specifications developed
and published by standard development
organizations (SDO). In general, SDOs
update and revise their published
standards every 2 to 5 years to reflect
modern technology and best technical
practices. Sometimes multiple editions
are published in a given year.
The National Technology Transfer
and Advancement Act of 1995 (NTTAA,
Pub. L. 104–113) directs Federal
agencies to use standards developed by
voluntary consensus standards bodies in
lieu of government-written standards
whenever possible. Voluntary
consensus standards bodies develop,
establish, or coordinate technical
standards using agreed-upon
procedures. In addition, OMB issued
Circular A–119 to implement section
12(d) of the NTTAA relative to the
utilization of consensus technical
standards by Federal agencies.79 This
circular provides guidance for agencies
participating in voluntary consensus
standards bodies and describes
procedures for satisfying the reporting
requirements in the NTTAA.
Accordingly, PHMSA has the
responsibility for determining, via
petitions or otherwise, which currently
referenced standards should be updated,
revised, or removed, and which
standards should be added to the
Federal Pipeline Safety Regulations.
Revisions to materials incorporated by
reference in the Federal Pipeline Safety
Regulations are handled via the
rulemaking process, which allows for
the public and regulated entities to
provide input. During the rulemaking
process, PHMSA must also obtain
approval from the Office of the Federal
Register to incorporate by reference any
new materials.
Pursuant to 49 U.S.C. 60102(p),
PHMSA may not issue amendments to
79 81
PO 00000
FR 4673 (Jan. 27, 2016).
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the Federal Pipeline Safety Regulations
that incorporate by reference any
documents or portions thereof unless
the documents or portions thereof are
made available to the public, free of
charge. Further, the Office of the Federal
Register issued a rulemaking on
November 7, 2014, revising 1 CFR
51.5(b) to require that agencies detail in
the preamble of a final rule how the
materials being incorporated by
reference are reasonably available to
interested parties, and how interested
parties can obtain those materials.80
The only standard incorporated by
reference in the final rule is API RP 80.
Free, online, read-only access to API RP
80 is available on the API website
(https://publications.api.org/
AccessToDocuments.aspx; navigate to
the ‘‘Exploration and Production’’
category). Members of the public
interested in obtaining API RP 80 can
contact API using the contact
information in this final rule’s revisions
to the regulatory text at § 192.7. In
addition, PHMSA will provide
individual members of the public
temporary access to this or any other
standard that is incorporated by
reference in the Federal Pipeline Safety
Regulations. Requests for access can be
sent to the following email address:
phmsaphpstandards@dot.gov.
VI. Regulatory Analysis and Notices
A. Statutory/Legal Authority for This
Rulemaking
This final rule is published under the
authority of Federal Pipeline Safety
Law. Section 60101(b) authorizes the
Secretary of Transportation to prescribe
standards defining the term ‘‘gathering
line’’ that account for the functional and
operational characteristics of a pipeline.
That section also authorizes the
Secretary to prescribe standards
defining the term ‘‘regulated gathering
line,’’ which must consider factors such
as location, length of line from the well
site, operating pressure, throughput, and
the composition of the transported gas.
In addition, 49 U.S.C. 60102 authorizes
the Secretary to issue regulations
governing design, installation,
inspection, emergency plans and
procedures, testing, construction,
extension, operation, replacement, and
maintenance of pipeline facilities.
Further, 49 U.S.C. 60117(b)(2)
authorizes the Secretary to require
owners and operators of gathering lines
to submit information pertinent to the
Secretary’s ability to make a
determination as to whether and to what
extent to regulate gathering lines. The
80 Incorporation
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Secretary delegated his authority to the
PHMSA Administrator under 49 CFR
1.97.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
Executive Order 12866 (‘‘Regulatory
Planning and Review’’) 81 requires that
agencies ‘‘should assess all costs and
benefits of available regulatory
alternatives, including the alternative of
not regulating.’’ Agencies should
consider quantifiable measures and
qualitative measures of costs and
benefits that are difficult to quantify.
Further, Executive Order 12866 requires
that ‘‘agencies should select those
[regulatory] approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity), unless
a statute requires another regulatory
approach.’’ Similarly, DOT Order
2100.6A (‘‘Rulemaking and Guidance
Procedures’’) requires that regulations
issued by PHMSA and other DOT
Operating Administrations should
consider an assessment of the potential
benefits, costs, and other important
impacts of the proposed action and
should quantify (to the extent
practicable) the benefits, costs, and any
significant distributional impacts,
including any environmental impacts.
Executive Order 12866 and DOT
Order 2100.6A require that PHMSA
submit ‘‘significant regulatory actions’’
to the Office of Management and Budget
(OMB) for review. This final rule has
been determined to be significant under
section 3(f) of Executive Order 12866
and was reviewed by OMB. It is also
considered significant under DOT Order
2100.6. The Office of Information and
Regulatory Affairs (OIRA) has not
designated this rule as a ‘‘major rule’’ as
defined by the Congressional Review
Act (5 U.S.C. 801 et seq.).
Executive Order 12866 and DOT
Order 2100.6A also require PHMSA to
provide a meaningful opportunity for
public participation, which reinforces
requirements for notice and comment in
the Administrative Procedure Act (APA,
5 U.S.C. 551 et seq.). In accord with the
requirement, PHMSA sought public
comment on the proposals in the NPRM
(including preliminary cost and cost
savings analyses pertaining to those
proposals), as well as any information
that could assist in evaluating the
benefits and costs of this rulemaking.
Those comments are addressed, and
additional discussion about the
economic impacts of the final rule are
provided, within the final regulatory
81 58
FR 51375 (Oct. 4, 1993).
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impact analysis (RIA) posted in the
docket.
PHMSA expects benefits of the final
rule to consist of improved safety and
avoided environmental harms
(including greenhouse gas emissions)
from reduction of risk of failures of
onshore natural gas gathering lines due
to improved leak detections and
subsequent repairs. The expected
benefits will depend on the degree to
which compliance actions result in
additional safety measures, relative to
the baseline, and the effectiveness of
these measures in preventing or
mitigating future pipeline failures.
PHMSA estimates annualized costs of
$13.7 million per year using a 7 percent
discount rate. The costs for compliance
with annual reporting and, for Type C
gathering lines, compliance with part
192 are expected to be higher in the
initial compliance period, as operators
will incur one-time costs to achieve
compliance in the years leading up to
the compliance deadline. Thereafter
recurring costs are expected to be lower.
For more information, please see the
RIA posted in the rulemaking docket.
C. Environmental Justice
DOT Order 5610.2C and Executive
Orders 12898 (‘‘Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations’’),82 13985 (‘‘Advancing
Racial Equity and Support for
Underserved Communities Through the
Federal Government’’),83 13990
(‘‘Protecting Public Health and the
Environment and Restoring Science To
Tackle the Climate Crisis’’),84 and 14008
(‘‘Tackling the Climate Crisis at Home
and Abroad’’) 85 require DOT agencies to
achieve environmental justice as part of
their mission by identifying and
addressing, as appropriate,
disproportionately high and adverse
human health or environmental effects,
including interrelated social and
economic effects, of their programs,
policies, and activities on minority
populations, low-income populations,
and other disadvantaged communities.
PHMSA has evaluated this final rule
under DOT Order 5610.2C and the
Executive orders listed above and has
determined it would not cause
disproportionately high and adverse
human health and environmental effects
on minority populations, low-income
populations, or other underserved and
disadvantaged communities. The
rulemaking is facially neutral and
82 59
FR 7629 (Feb. 16, 1994).
FR 7009 (Jan. 20, 2021).
84 86 FR 7037 (Jan. 20, 2021).
85 86 FR 7619 (Feb. 1, 2021).
83 86
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63291
national in scope; it is neither directed
toward a particular population, region,
or community, nor is it expected to
adversely impact any particular
population, region, or community. And
insofar as PHMSA expects the
rulemaking would reduce the safety and
environmental risks associated with
onshore natural gas gathering lines,
many of which are located in the
vicinity of environmental justice
communities,86 PHMSA does not expect
the regulatory amendments introduced
by this final rule would entail
disproportionately high adverse risks for
minority populations, low-income
populations, or other underserved and
other disadvantaged communities in the
vicinity of those pipelines. Lastly, as
explained in final environmental
assessment (EA), PHMSA expects that
the regulatory amendments in this final
rule will yield greenhouse gas emissions
reductions, thereby reducing the risks
posed by anthropogenic climate change
to minority, low-income, underserved,
and other disadvantaged populations
and communities.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA,
5 U.S.C. 601 et seq.) requires Federal
regulatory agencies to prepare a Final
Regulatory Flexibility Analysis (FRFA)
for any final rule subject to notice-andcomment rulemaking under the APA
unless the agency head certifies that the
rule will not have a significant
economic impact on a substantial
number of small entities. This final rule
was developed in accordance with
Executive Order 13272 (‘‘Proper
Consideration of Small Entities in
Agency Rulemaking’’) 87 to promote
compliance with the RFA and to ensure
that the potential impacts of the
rulemaking on small entities has been
properly considered.
PHMSA does not have access to firmlevel data on gathering line operators
that are not currently regulated under
part 191 or 192. However, based on data
on regulated gathering line operators
produced by Dun and Bradstreet,
approximately 40 percent of currently
regulated gathering line operators are
identified as small entities, and those
entities operate approximately 24
percent of onshore regulated gas
gathering line mileage. Therefore, a
86 See Ryan Emmanuel, et al., ‘‘Natural Gas
Gathering and Transmission Pipelines and Social
Vulnerability in the United States,’’ 5:6 GeoHealth
(June 2021), https://agupubs.onlinelibrary.
wiley.com/toc/24711403/2021/5/6 (concluding that
natural gas gathering and transmission
infrastructure is disproportionately sited in
socially-vulnerable communities).
87 67 FR 53461 (Aug. 16, 2002).
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significant share of affected entities can
be classified as small entities. However,
PHMSA expects the magnitude of the
economic impact on those entities to be
limited, as the annualized costs of the
final rule represent only approximately
0.1 percent of annual industry revenues
for the entire crude oil transportation
industry (NAICS code 486110),
illustrating the minor financial impact
on firms operating within this space.
PHMSA has prepared a FRFA, available
in the docket for the rulemaking, in
which PHMSA certifies that the rule
will not have a significant impact on a
substantial number of small entities.
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E. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
PHMSA analyzed this final rule in
accordance with the principles and
criteria in Executive Order 13175
(‘‘Consultation and Coordination with
Indian Tribal Governments’’) 88 and
DOT Order 5301.1 (‘‘Department of
Transportation Programs, Polices, and
Procedures Affecting American Indians,
Alaska Natives, and Tribes’’). Executive
Order 13175 requires agencies to assure
meaningful and timely input from
Tribal government representatives in the
development of rules that significantly
or uniquely affect Tribal communities
by imposing ‘‘substantial direct
compliance costs’’ or ‘‘substantial direct
effects’’ on such communities or the
relationship and distribution of power
between the Federal Government and
Tribes.
PHMSA assessed the impact of the
rulemaking and determined that it
would not significantly or uniquely
affect Tribal communities or Indian
Tribal governments. The rulemaking’s
regulatory amendments are facially
neutral and would have broad, national
scope; PHMSA, therefore, does not
expect this rulemaking to significantly
or uniquely affect Tribal communities,
much less impose substantial
compliance costs on Native American
Tribal governments or mandate Tribal
action. And insofar as PHMSA expects
the rulemaking will improve natural gas
gathering line safety and reduce
environmental risks, PHMSA does not
expect it would entail
disproportionately high adverse risks for
Tribal communities. PHMSA also
received no comments alleging
‘‘substantial direct compliance costs’’ or
‘‘substantial direct effects’’ on Tribal
communities and Governments. For
these reasons, PHMSA has determined
the funding and consultation
88 65
FR 67249 (Nov. 6, 2000).
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requirements of Executive Order 13175
and DOT Order 5301.1 do not apply.
F. Paperwork Reduction Act
Pursuant to 5 CFR 1320.8(d), PHMSA
is required to provide interested
members of the public and affected
agencies with an opportunity to
comment on information collection and
recordkeeping requests. PHMSA expects
this final rule to impact the information
collections described below.
PHMSA will submit an information
collection revision request to OMB for
approval based on the requirements in
this final rule. The information
collections are contained in the pipeline
safety regulations, 49 CFR parts 190
through 199. The following information
is provided for each information
collection: (1) Title of the information
collection; (2) OMB control number; (3)
Current expiration date; (4) Type of
request; (5) Abstract of the information
collection activity; (6) Description of
affected public; (7) Estimate of total
annual reporting and recordkeeping
burden; and (8) Frequency of collection.
The information collection burdens for
the following information collections
are estimated to be revised as follows:
1. Title: Recordkeeping Requirements
for Gas Pipeline Operators.
OMB Control Number: 2137–0049.
Current Expiration Date: 01/31/2023.
Abstract: A person owning or
operating a natural gas pipeline facility
is required to maintain records, make
reports, and provide information to the
Secretary of Transportation at the
Secretary’s request. This mandatory
information collection request would
require owners and/or operators of gas
pipeline systems to make and maintain
records in accordance with the
requirements prescribed in 49 CFR part
192 and to provide information to the
Secretary of Transportation at the
Secretary’s request. Certain records are
maintained for a specific length of time
while others are required to be
maintained for the life of the pipeline.
PHMSA uses these records to verify
compliance with regulated safety
standards and to inform the agency on
possible safety risks.
Based on the provisions in the Safety
of Gas Gathering Pipelines: Extension of
Reporting Requirements, Regulation of
Large, High-Pressure Lines, and Other
Related Amendments final rule, PHMSA
estimates that 370 new Type C gas
gathering pipeline operators ∼ (91,000
Type C miles w/o prior regulation) will
be subject to these requirements.
PHMSA estimates that it will take these
370 operators 6 hours to create and
maintain records associated with 49
CFR 192.9 requirements. Therefore,
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PHMSA expects to add 370 responses
and 2,220 hours to this information
collection as a result of the provisions
in this final rule.
Affected Public: Natural Gas Pipeline
Operators.
Annual Reporting and Recordkeeping
Burden:
Total Annual Responses: 3,861,842.
Total Annual Burden Hours:
1,677,030.
Frequency of Collection: On occasion.
2. Title: Annual and Incident Reports
for Gas Pipeline Operators.
OMB Control Number: 2137–0522.
Current Expiration Date: 10/31/2024.
Abstract: This mandatory information
collection covers the collection of
annual and immediate notice of
incident report data from Gas pipeline
operators. As a result of the Safety of
Gas Gathering Pipelines: Extension of
Reporting Requirements, Regulation of
Large, High-Pressure Lines, and Other
Related Amendments final rule, all gas
gathering operators will become subject
to incident and annual reporting
requirements. PHMSA is revising this
information collection to account for the
new addition to the reporting
community. PHMSA will require 500
currently unregulated gas gathering line
operators (370 Type C operators and 130
Type R operators) to complete and
submit annual reports each year. Type
C operators will submit annual report
data on DOT Form PHMS F7 100.2–1.
The estimated burden for submitting
this form is 47 hours per report. Type
R operators will submit annual report
data on the new DOT Form PHMSA F7
100.2–3. The estimated burden for
submitting this form is 21 hours per
report. These changes will result in an
overall annual burden increase of
20,120 hours (17,390 hours annually for
Type C operators and 2,730 hours
annually for Type R operators) for this
information collection.
Gas Gathering operators will also be
required to make immediate telephonic
notification of incidents, should they
occur. PHMSA expects that these
previously unregulated operators will
make approximately 85 telephonic
notifications of incidents per year.
PHMSA estimates that it takes 30
minutes to complete a telephonic
notification. As such, the estimated
burden for gas gathering operators to
make immediate notification of
incidents is approximately 43 hours.
As a result of the provisions
mentioned above, the burden for this
information collection will increase by
585 new responses and 10,543 burden
hours.
Affected Public: Natural Gas Pipeline
Operators.
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Annual Reporting and Recordkeeping
Burden:
Total Annual Responses: 2,832.
Total Annual Burden Hours: 91,964.
Frequency of Collection: Annually
and on occasion.
3. Title: Incident Reports for Natural
Gas Pipeline Operators.
OMB Control Number: 2137–0635.
Current Expiration Date: 10/31/2024.
Abstract: Operators of natural gas
pipelines and LNG facilities are
required to report incidents, on
occasion, to PHMSA per the
requirements in 49 CFR part 191. This
mandatory information collection
covers the collection of incident report
data from natural gas pipeline operators.
The reports contained within this
information collection support the
Department of Transportation’s strategic
goal of safety. This information is an
essential part of PHMSA’s overall effort
to minimize natural gas transmission,
gathering, and distribution pipeline
failures. Due to the provisions contained
within the Safety of Gas Gathering
Pipelines: Extension of Reporting
Requirements, Regulation of Large,
High-Pressure Lines, and Other Related
Amendments final rule, operators will
be required to submit reports of
incidents that occur on previously
unregulated gas gathering systems.
Based on PHMSA’s estimate of the
mileage of Type C and Type R gas
gathering pipelines and the incident rate
on Type A and Type B gas gathering
pipelines, PHMSA expects to receive
approximately 85 incident reports (18
Type C incident reports and 67 Type R
incident reports) each year from gas
gathering operators. As a result, the
burden for this information collection
will increase by 85 responses. The
burden per incident report is estimated
at 12 hours per report. This results in an
estimated burden increase of 1,020
hours (216 hours for Type C and 804
hours for Type R) per year.
Affected Public: Natural Gas Pipeline
Operators.
Annual Reporting and Recordkeeping
Burden:
Total Annual Responses: 344.
Total Annual Burden Hours: 4,128.
Frequency of Collection: On occasion.
4. Title: National Registry of Pipeline
and LNG Operators.
OMB Control Number: 2137–0627.
Current Expiration Date: 01/31/2023.
Abstract: The National Registry of
Pipeline and LNG Operators serves as
the storehouse for the reporting
requirements for an operator regulated
or subject to reporting requirements
under 49 CFR part 192, 193, or 195. This
mandatory information collection
would require jurisdictional pipeline
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operators to submit the required data to
register with the National Registry of
Pipeline and LNG Operators and notify
PHMSA when they experience
significant asset changes, including new
construction, that affect PHMSA’s
ability to accurately monitor and assess
pipeline safety performance. Certain
types of changes to, or within, an
operator’s facilities or pipeline network
represent potential safety-altering
activities for which PHMSA may need
to inspect, investigate, or otherwise
oversee to ensure that any public safety
concerns are adequately and proactively
addressed. The forms for assigning and
maintaining Operator Identification
(OPID) information are the Operator
Assignment Request Form (PHMSA F
1000.1) and Operator Registry
Notification Form (PHMSA F 1000.2).
The purpose of this information
collection is to maintain an accurate
assessment of the Nation’s pipeline
infrastructure and to be kept abreast of
conditions that could potentially
compromise the safety and economic
viability of the U.S. pipeline system.
Due to the provisions contained
within the Safety of Gas Gathering
Pipelines: Extension of Reporting
Requirements, Regulation of Large,
High-Pressure Lines, and Other Related
Amendments final rule, gas gathering
pipeline operators must now request
OPIDs due to the repeal of the reporting
exception for gathering pipelines other
than regulated gathering lines as
determined in § 192.8. PHMSA plans to
revise the OPID Registry form and
instructions to account for this addition
to the reporting community. PHMSA
believes that many operators of
previously unregulated gathering lines
are already submitting annual report
data for regulated gas gathering lines
and may already have an OPID. As such,
PHMSA expects to receive
approximately 13 new OPID requests.
PHMSA also requires these newly
regulated operators to submit
notifications to PHMSA in certain
instances. PHMSA similarly expects to
receive approximately 13 new
notifications from gas gathering pipeline
operators. These additions will result in
an increase to the burden of this
information collection by 26 responses
and 26 burden hours.
Affected Public: Operators of Natural
Gas, Hazardous Liquid, and Liquefied
Natural Gas pipelines.
Annual Reporting and Recordkeeping
Burden:
Total Annual Responses: 744.
Total Annual Burden Hours: 744.
Frequency of Collection: On occasion.
Requests for copies of these
information collections should be
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63293
directed to Angela Hill or Cameron
Satterthwaite, Office of Pipeline Safety
(PHP–30), Pipeline Hazardous Materials
Safety Administration (PHMSA), 2nd
Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001,
Telephone (202) 366–1246.
G. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
(UMRA, 2 U.S.C. 1501 et seq.) requires
agencies to assess the effects of Federal
regulatory actions on State, local, and
Tribal governments, and the private
sector. For any NPRM or final rule that
includes a Federal mandate that may
result in the expenditure by State, local,
and Tribal governments, in the aggregate
of $100 million or more (in 1996
dollars) in any given year, the agency
must prepare, amongst other things, a
written statement that qualitatively and
quantitatively assesses the costs and
benefits of the Federal mandate.
PHMSA prepared a final RIA and
determined that this final rule does not
impose enforceable duties on State,
local, or Tribal governments or on the
private sector of $100 million or more
(in 1996 dollars) in any one year. A
copy of the RIA is available for review
in the docket of this rulemaking.
H. National Environmental Policy Act
The National Environmental Policy
Act of 1969 (NEPA, 42 U.S.C. 4321 et
seq.) requires Federal agencies to
consider the consequences of major
Federal actions and prepare a detailed
statement on actions significantly
affecting the quality of the human
environment. The Council on
Environmental Quality implementing
regulations (40 CFR parts 1500–1508)
require Federal agencies to conduct an
environmental review considering (1)
the need for the action, (2) alternatives
to the action, (3) probable
environmental impacts of the action and
alternatives, and (4) the agencies and
persons consulted during the
consideration process. DOT Order
5610.1C (‘‘Procedures for Considering
Environmental Impacts’’) establishes
departmental procedures for evaluation
of environmental impacts under NEPA
and its implementing regulations.
PHMSA has completed its NEPA
analysis. Based on the environmental
assessment, PHMSA determined that an
environmental impact statement is not
required for this rulemaking because it
will not have a significant impact on the
human environment. The final EA and
Finding of No Significant Impact have
been placed into the docket addressing
the comments received.
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I. Executive Order 13132: Federalism
PHMSA analyzed this final rule in
accordance with Executive Order 13132
(‘‘Federalism’’).89 Executive Order
13132 requires agencies to assure
meaningful and timely input by State
and local officials in the development of
regulatory policies that may have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
This final rule does not have a
substantial direct effect on State and
local governments, the relationship
between the National Government and
the States, or the distribution of power
and responsibilities among the various
levels of government. This rulemaking
action does not impose substantial
direct compliance costs on State and
local governments. The final rule
exercises PHMSA’s existing authority to
require operators of gas gathering line to
submit safety data (49 U.S.C.
60117(b)(2)) and to define and establish
safety standards for regulated gas
gathering lines (49 U.S.C. 60101(b)).
PHMSA determined the final rule’s
changes to the requirements for onshore
gas gathering lines were necessary based
on the results of PHMSA’s review of
existing gas gathering requirements
performed pursuant to section 21 of the
2011 Pipeline Safety Act.
Section 60104(c) of Federal Pipeline
Safety Law prohibits certain State safety
regulation of interstate pipelines. Under
the pipeline safety laws, States that have
submitted a current certification under
section 60105(a) can augment Federal
pipeline safety requirements for
intrastate pipelines regulated by
PHMSA but may not approve safety
requirements less stringent than those
required by Federal law. A State may
also regulate an intrastate pipeline
facility that PHMSA does not regulate.
In this instance, the preemptive effect
of the final rule is limited to the
minimum level necessary to achieve the
objectives of the Federal Pipeline Safety
Law under which the final rule is
promulgated. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
J. Executive Order 13211: Significant
Energy Actions
Executive Order 13211 (‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’) 90 requires
Federal agencies to prepare a Statement
89 64
90 66
FR 43255 (Aug. 10, 1999).
FR 28355 (May 22, 2001).
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of Energy Effects for any ‘‘significant
energy action.’’ Executive Order 13211
defines a ‘‘significant energy action’’ as
any action by an agency (normally
published in the Federal Register) that
promulgates, or is expected to lead to
the promulgation of, a final rule or
regulation that (1)(i) is a significant
regulatory action under Executive Order
12866 or any successor order and (ii) is
likely to have a significant adverse effect
on the supply, distribution, or use of
energy (including a shortfall in supply,
price increases, and increased use of
foreign supplies); or (2) is designated by
the Administrator of the OIRA as a
significant energy action.
This final rule is a significant action
under Executive Order 12866; however,
it is expected to have an annual effect
on the economy of less than $100
million. Further, this final rule is not
likely to have a significant adverse effect
on supply, distribution, or energy use,
as further discussed in the RIA. Further,
OIRA has not designated this final rule
as a significant energy action.
K. Privacy Act Statement
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
L. Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN number contained in the
heading of this document can be used
to cross-reference this action with the
Unified Agenda.
M. Executive Order 13609 and
International Trade Analysis
Executive Order 13609 (‘‘Promoting
International Regulatory
Cooperation’’) 91 requires agencies to
consider whether the impacts associated
with significant variations between
domestic and international regulatory
approaches are unnecessary or may
impair the ability of American business
to export and compete internationally.
In meeting shared challenges involving
health, safety, labor, security,
environmental, and other issues,
international regulatory cooperation can
91 77
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identify approaches that are at least as
protective as those that are or would be
adopted in the absence of such
cooperation. International regulatory
cooperation can also reduce, eliminate,
or prevent unnecessary differences in
regulatory requirements.
Similarly, the Trade Agreements Act
of 1979 (Pub. L. 96–39), as amended by
the Uruguay Round Agreements Act
(Pub. L. 103–465), prohibits Federal
agencies from establishing any
standards or engaging in related
activities that create unnecessary
obstacles to the foreign commerce of the
United States. For purposes of these
requirements, Federal agencies may
participate in the establishment of
international standards, so long as the
standards have a legitimate domestic
objective, such as providing for safety,
and do not operate to exclude imports
that meet this objective. The statute also
requires consideration of international
standards and, where appropriate, that
they be the basis for U.S. standards.
PHMSA participates in the
establishment of international standards
to protect the safety of the American
public. PHMSA has assessed the effects
of the rulemaking and determined that
it will not cause unnecessary obstacles
to foreign trade.
List of Subjects
49 CFR Part 191
MAOP exceedance, Pipeline reporting
requirements.
49 CFR Part 192
Incorporation by reference, Integrity
assessments, MAOP reconfirmation,
Material verification, Pipeline safety,
Predicted failure pressure, Reporting
and recordkeeping requirements, Risk
assessment, Safety devices.
In consideration of the foregoing,
PHMSA amends 49 CFR parts 191 and
192 as follows:
PART 191—TRANSPORTATION OF
NATURAL AND OTHER GAS BY
PIPELINE; ANNUAL, INCIDENT, AND
OTHER REPORTING
1. The authority citation for part 191
continues to read as follows:
■
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C.
5121, 60101 et seq., and 49 CFR 1.97.
2. The heading for part 191 is revised
to read as set forth above.
■
3. In § 191.1, paragraphs (a) and (b)(2)
and (3) are revised, paragraph (b)(4) is
removed, and paragraph (c) is added to
read as follows:
■
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§ 191.1
Scope.
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(a) This part prescribes requirements
for the reporting of incidents, safetyrelated conditions, annual pipeline
summary data, National Operator
Registry information, and other
miscellaneous conditions by operators
of underground natural gas storage
facilities and natural gas pipeline
facilities located in the United States or
Puerto Rico, including underground
natural gas storage facilities and
pipelines within the limits of the Outer
Continental Shelf as that term is defined
in the Outer Continental Shelf Lands
Act (43 U.S.C. 1331). This part applies
to offshore gathering lines (except as
provided in paragraph (b) of this
section) and to onshore gathering lines,
including Type R gathering lines as
determined in § 192.8 of this chapter.
(b) * * *
(2) Pipelines on the Outer Continental
Shelf (OCS) that are producer-operated
and cross into State waters without first
connecting to a transporting operator’s
facility on the OCS, upstream (generally
seaward) of the last valve on the last
production facility on the OCS. Safety
equipment protecting PHMSA-regulated
pipeline segments is not excluded.
Producing operators for those pipeline
segments upstream of the last valve of
the last production facility on the OCS
may petition the Administrator, or
designee, for approval to operate under
Pipeline and Hazardous Materials Safety
Administration (PHMSA) regulations
governing pipeline design, construction,
operation, and maintenance under 49
CFR 190.9; or
(3) Pipelines on the Outer Continental
Shelf upstream of the point at which
operating responsibility transfers from a
producing operator to a transporting
operator.
(c) Sections 191.22(b) and (c) and
191.23 do not apply to the onshore
gathering of gas—
(1) Through a pipeline that operates at
less than 0 psig (0 kPa);
(2) Through a pipeline that is not a
regulated onshore gathering pipeline; or
(3) Within inlets of the Gulf of
Mexico, except for the requirements in
§ 192.612 of this chapter.
■ 4. In § 191.3, add definitions for
‘‘Regulated onshore gathering’’ and
‘‘Reporting-regulated gathering’’ in
alphabetical order to read as follows:
§ 191.3
Definitions.
*
*
*
*
*
Regulated onshore gathering means a
Type A, Type B, or Type C gas gathering
pipeline system as determined in
§ 192.8 of this chapter.
Reporting-regulated gathering means
a Type R gathering line as determined
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in § 192.8 of this chapter. A Type R
gathering line is subject only to this
part.
*
*
*
*
*
5. In § 191.15, paragraph (a) is revised
to read as follows:
■
§ 191.15 Transmission systems; gathering
systems; liquefied natural gas facilities; and
underground natural gas storage facilities:
Incident report.
(a) Pipeline systems—(1)
Transmission or regulated onshore
gathering. Each operator of a
transmission pipeline system or a
regulated onshore gathering pipeline
system must submit Department of
Transportation (DOT) Form PHMSA F
7100.2 as soon as practicable but not
more than 30 days after detection of an
incident required to be reported under
§ 191.5.
(2) Reporting-regulated gathering.
Each operator of a reporting-regulated
gathering pipeline system must submit
DOT Form PHMSA F 7100.2–2 as soon
as practicable but not more than 30 days
after detection of an incident required to
be reported under § 191.5 that occurs
after May 16, 2022.
*
*
*
*
*
6. In § 191.17, paragraph (a) is revised
to read as follows:
■
§ 191.17 Transmission systems; gathering
systems; liquefied natural gas facilities; and
underground natural gas storage facilities:
Annual report.
(a) Pipeline systems—(1)
Transmission or regulated onshore
gathering. Each operator of a
transmission or a regulated onshore
gathering pipeline system must submit
an annual report for that system on DOT
Form PHMSA F 7100.2–1. This report
must be submitted each year, not later
than March 15, for the preceding
calendar year.
(2) Type R gathering. Beginning with
an initial annual report submitted in
March 2023 for the 2022 calendar year,
each operator of a reporting-regulated
gas gathering pipeline system must
submit an annual report for that system
on DOT Form PHMSA F 7100.2–3. This
report must be submitted each year, not
later than March 15, for the preceding
calendar year.
*
*
*
*
*
7. In § 191.23, revise paragraph (b)(1)
to read as follows:
■
§ 191.23 Reporting safety-related
conditions.
*
*
*
(b) * * *
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(1) Exists on a master meter system,
a reporting-regulated gathering pipeline,
or a customer-owned service line;
*
*
*
*
*
■ 8. In § 191.29, paragraph (c) is added
to read as follows:
§ 191.29 National Pipeline Mapping
System.
*
*
*
*
*
(c) This section does not apply to
gathering pipelines.
PART 192—TRANSPORTATION OF
NATURAL AND OTHER GAS BY
PIPELINE: MINIMUM FEDERAL
SAFETY STANDARDS
9. The authority citation for part 192
continues to read as follows:
■
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C.
5103, 60101 et seq., and 49 CFR 1.97.
10. In § 192.3, add a definition for
‘‘Composite materials’’ in alphabetical
order to read as follows:
■
§ 192.3
Definitions.
*
*
*
*
*
Composite materials means materials
used to make pipe or components
manufactured with a combination of
either steel and/or plastic and with a
reinforcing material to maintain its
circumferential or longitudinal strength.
*
*
*
*
*
■ 11. Amend § 192.8 as follows:
■ a. Revise the section heading;
■ b. Add paragraph (a)(5);
■ c. Redesignate paragraph (b) as a
paragraph (c);
■ d. Add new paragraph (b); and
■ e. Revise newly redesignated
paragraph (c).
The revisions and addition read as
follows:
§ 192.8 How are onshore gathering
pipelines and regulated onshore gathering
pipelines determined?
(a) * * *
(5) For new, replaced, relocated, or
otherwise changed gas gathering
pipelines installed after May 16, 2022,
the endpoint of gathering under sections
2.2(a)(1)(E) and 2.2.1.2.6 of API RP 80
(incorporated by reference, see
§ 192.7)—also known as ‘‘incidental
gathering’’—may not be used if the
pipeline terminates 10 or more miles
downstream from the furthermost
downstream endpoint as defined in
paragraphs 2.2(a)(1)(A) through (a)(1)(D)
of API RP 80 (incorporated by reference,
see § 192.7) and this section. If an
‘‘incidental gathering’’ pipeline is 10
miles or more in length, the entire
portion of the pipeline that is
designated as an incidental gathering
line under 2.2(a)(1)(E) and 2.2.1.2.6 of
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API RP 80 shall be classified as a
transmission pipeline subject to all
applicable regulations in this chapter for
transmission pipelines.
(b) Each operator must determine and
maintain for the life of the pipeline
records documenting the methodology
by which it calculated the beginning
and end points of each onshore
gathering pipeline it operates, as
described in the second column of table
1 to paragraph (c)(2) of this section, by:
(1) November 16, 2022, or before the
pipeline is placed into operation,
whichever is later; or
(2) An alternative deadline approved
by the Pipeline and Hazardous Materials
Safety Administration (PHMSA). The
operator must notify PHMSA and State
or local pipeline safety authorities, as
applicable, no later than 90 days in
advance of the deadline in paragraph
(b)(1) of this section. The notification
must be made in accordance with
§ 192.18 and must include the following
information:
(i) Description of the affected facilities
and operating environment;
(ii) Justification for an alternative
compliance deadline; and
(iii) Proposed alternative deadline.
(c) For purposes of part 191 of this
chapter and § 192.9, the term ‘‘regulated
onshore gathering pipeline’’ means:
(1) Each Type A, Type B, or Type C
onshore gathering pipeline (or segment
of onshore gathering pipeline) with a
feature described in the second column
of table 1 to paragraph (c)(2) of this
section that lies in an area described in
the third column; and
(2) As applicable, additional lengths
of pipeline described in the fourth
column to provide a safety buffer:
TABLE 1 TO PARAGRAPH (c)(2)
Type
Feature
Area
A ......................
—Metallic and the MAOP produces a
hoop stress of 20 percent or more of
SMYS.
—If the stress level is unknown, an operator must determine the stress level
according to the applicable provisions
in subpart C of this part.
—Non-metallic and the MAOP is more
than 125 psig (862 kPa).
—Metallic and the MAOP produces a
hoop stress of less than 20 percent of
SMYS. If the stress level is unknown,
an operator must determine the stress
level according to the applicable provisions in subpart C of this part.
—Non-metallic and the MAOP is 125
psig (862 kPa) or less.
Class 2, 3, or 4 location (see § 192.5) ...
None.
Area 1. Class 3, or 4 location .................
Area 2. An area within a Class 2 location the operator determines by using
any of the following three methods:
(a) A Class 2 location;
(b) An area extending 150 feet (45.7 m)
on each side of the centerline of any
continuous 1 mile (1.6 km) of pipeline
and including more than 10 but fewer
than 46 dwellings; or
(c) An area extending 150 feet (45.7 m)
on each side of the centerline of any
continuous 1000 feet (305 m) of pipeline and including 5 or more dwellings.
Class 1 location ......................................
If the gathering pipeline is in Area 2(b)
or 2(c), the additional lengths of line
extend upstream and downstream
from the area to a point where the
line is at least 150 feet (45.7 m) from
the nearest dwelling in the area.
However, if a cluster of dwellings in
Area 2(b) or 2(c) qualifies a pipeline
as Type B, the Type B classification
ends 150 feet (45.7 m) from the nearest dwelling in the cluster.
None.
Class 1 and Class 2 locations ................
None.
B ......................
C ......................
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R ......................
Outside diameter greater than or equal
to 8.625 inches and any of the following:
—Metallic and the MAOP produces a
hoop stress of 20 percent or more of
SMYS;
—If the stress level is unknown, segment is metallic and the MAOP is
more than 125 psig (862 kPa); or
—Non-metallic and the MAOP is more
than 125 psig (862 kPa).
—All other onshore gathering lines ........
(3) A Type R gathering line is subject
to reporting requirements under part
191 of this chapter but is not a regulated
onshore gathering line under this part.
■ 12. Amend § 192.9 as follows:
■ a. Revise the section heading;
■ b. Redesignate paragraph (e) as
paragraph (g);
■ c. Add a new paragraph (e) and
paragraph (f);
■ d. Revise newly redesignated
paragraphs (g)(2) and (3);
■ e. Add paragraphs (g)(4) and (5); and
■ f. Add paragraph (h).
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Additional safety buffer
The revisions and additions read as
follows:
§ 192.9 What requirements apply to
gathering pipelines?
*
*
*
*
*
(e) Type C lines. The requirements for
Type C gathering lines are as follows.
(1) An operator of a Type C onshore
gathering line with an outside diameter
greater than or equal to 8.625 inches
must comply with the following
requirements:
(i) Except as provided in paragraph
(h) of this section for pipe and
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components made with composite
materials, the design, installation,
construction, initial inspection, and
initial testing of a new, replaced,
relocated, or otherwise changed Type C
gathering line, must be done in
accordance with the requirements in
subparts B though G and J of this part
applicable to transmission lines.
Compliance with §§ 192.67, 192.127,
192.205, 192.227(c), 192.285(e), and
192.506 is not required;
(ii) If the pipeline is metallic, control
corrosion according to requirements of
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subpart I of this part applicable to
transmission lines except for § 192.493;
(iii) Carry out a damage prevention
program under § 192.614;
(iv) Develop and implement
procedures for emergency plans in
accordance with § 192.615;
(v) Develop and implement a written
public awareness program in
accordance with § 192.616;
(vi) Install and maintain line markers
according to the requirements for
transmission lines in § 192.707; and
(vii) Conduct leakage surveys in
accordance with the requirements for
transmission lines in § 192.706 using
leak-detection equipment, and promptly
repair hazardous leaks in accordance
with § 192.703(c).
(2) An operator of a Type C onshore
gathering line with an outside diameter
greater than 12.75 inches must comply
with the requirements in paragraph
(e)(1) of this section and the following:
(i) If the pipeline contains plastic
pipe, the operator must comply with all
applicable requirements of this part for
plastic pipe or components. This does
not include pipe and components made
of composite materials that incorporate
plastic in the design; and
(ii) Establish the MAOP of the
pipeline under § 192.619(a) or (c) and
maintain records used to establish the
MAOP for the life of the pipeline.
(f) Exceptions. (1) Compliance with
paragraphs (e)(1)(ii), (v), (vi), and (vii)
and (e)(2)(i) and (ii) of this section is not
required for pipeline segments that are
16 inches or less in outside diameter if
one of the following criteria are met:
(i) Method 1. The segment is not
located within a potential impact circle
containing a building intended for
human occupancy or other impacted
site. The potential impact circle must be
calculated as specified in § 192.903,
except that a factor of 0.73 must be used
instead of 0.69. The MAOP used in this
calculation must be determined and
documented in accordance with
paragraph (e)(2)(ii) of this section.
(ii) Method 2. The segment is not
located within a class location unit (see
§ 192.5) containing a building intended
for human occupancy or other impacted
site.
(2) Paragraph (e)(1)(i) of this section is
not applicable to pipeline segments 40
feet or shorter in length that are
replaced, relocated, or changed on a
pipeline existing on or before May 16,
2022.
(3) For purposes of this section, the
term ‘‘building intended for human
occupancy or other impacted site’’
means any of the following:
(i) Any building that may be occupied
by humans, including homes, office
buildings factories, outside recreation
areas, plant facilities, etc.;
(ii) A small, well-defined outside area
(such as a playground, recreation area,
outdoor theater, or other place of public
assembly) that is occupied by 20 or
more persons on at least 5 days a week
for 10 weeks in any 12-month period
(the days and weeks need not be
consecutive); or
(iii) Any portion of the paved surface,
including shoulders, of a designated
interstate, other freeway, or expressway,
as well as any other principal arterial
roadway with 4 or more lanes.
(g) * * *
(2) If a Type A or Type B regulated
onshore gathering pipeline existing on
April 14, 2006, was not previously
subject to this part, an operator has until
the date stated in the second column to
comply with the applicable requirement
for the pipeline listed in the first
column, unless the Administrator finds
a later deadline is justified in a
particular case:
Requirement
Compliance deadline
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(i) Control corrosion according to requirements for transmission lines in subpart I of this part ...............
(ii) Carry out a damage prevention program under § 192.614 ..................................................................
(iii) Establish MAOP under § 192.619 ........................................................................................................
(iv) Install and maintain line markers under § 192.707 ..............................................................................
(v) Establish a public education program under § 192.616 .......................................................................
(vi) Other provisions of this part as required by paragraph (c) of this section for Type A lines ...............
(3) If, after April 14, 2006, a change
in class location or increase in dwelling
density causes an onshore gathering
pipeline to become a Type A or Type B
regulated onshore gathering line, the
operator has 1 year for Type B lines and
2 years for Type A lines after the
pipeline becomes a regulated onshore
gathering pipeline to comply with this
section.
(4) If a Type C gathering pipeline
existing on or before May 16, 2022, was
not previously subject to this part, an
operator must comply with the
applicable requirements of this section,
except for paragraph (h) of this section,
on or before:
(i) May 16, 2023; or
(ii) An alternative deadline approved
by PHMSA. The operator must notify
PHMSA and State or local pipeline
safety authorities, as applicable, no later
than 90 days in advance of the deadline
in paragraph (b)(1) of this section. The
notification must be made in accordance
with § 192.18 and must include a
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description of the affected facilities and
operating environment, the proposed
alternative deadline for each affected
requirement, the justification for each
alternative compliance deadline, and
actions the operator will take to ensure
the safety of affected facilities.
(5) If, after May 16, 2022, a change in
class location, an increase in dwelling
density, or an increase in MAOP causes
a pipeline to become a Type C gathering
pipeline, or causes a Type C gathering
pipeline to become subject to additional
Type C requirements (see paragraph (f)
of this section), the operator has 1 year
after the pipeline becomes subject to the
additional requirements to comply with
this section.
(h) Composite materials. Pipe and
components made with composite
materials not otherwise authorized for
use under this part may be used on
Type C gathering pipelines if the
following requirements are met:
(1) Steel and plastic pipe and
components must meet the installation,
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April 15, 2009.
October 15, 2007.
October 15, 2007.
April 15, 2008.
April 15, 2008.
April 15, 2009.
construction, initial inspection, and
initial testing requirements in subparts
B though G and J of this part applicable
to transmission lines.
(2) Operators must notify PHMSA in
accordance with § 192.18 at least 90
days prior to installing new or
replacement pipe or components made
of composite materials otherwise not
authorized for use under this part in a
Type C gathering pipeline. The
notifications required by this section
must include a detailed description of
the pipeline facilities in which pipe or
components made of composite
materials would be used, including:
(i) The beginning and end points
(stationing by footage and mileage with
latitude and longitude coordinates) of
the pipeline segment containing
composite pipeline material and the
counties and States in which it is
located;
(ii) A general description of the rightof-way including high consequence
areas, as defined in § 192.905;
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(iii) Relevant pipeline design and
construction information including the
year of installation, the specific
composite material, diameter, wall
thickness, and any manufacturing and
construction specifications for the
pipeline;
(iv) Relevant operating information,
including MAOP, leak and failure
history, and the most recent pressure
test (identification of the actual pipe
tested, minimum and maximum test
pressure, duration of test, any leaks and
any test logs and charts) or assessment
results;
(v) An explanation of the
circumstances that the operator believes
make the use of composite pipeline
material appropriate and how the
design, construction, operations, and
maintenance will mitigate safety and
environmental risks;
(vi) An explanation of procedures and
tests that will be conducted periodically
over the life of the composite pipeline
material to document that its strength is
being maintained;
(vii) Operations and maintenance
procedures that will be applied to the
alternative materials. These include
procedures that will be used to evaluate
and remediate anomalies and how the
operator will determine safe operating
pressures for composite pipe when
defects are found;
(viii) An explanation of how the use
of composite pipeline material would be
in the public interest; and
(ix) A certification signed by a vice
president (or equivalent or higher
officer) of the operator’s company that
operation of the applicant’s pipeline
using composite pipeline material
would be consistent with pipeline
safety.
(3) Repairs or replacements using
materials authorized under this part do
not require notification under this
section.
■ 13. In § 192.13, paragraphs (a) and (b)
are revised to read as follows:
khammond on DSKJM1Z7X2PROD with RULES2
§ 192.13 What general requirements apply
to pipelines regulated under this part?
(a) No person may operate a segment
of pipeline listed in the first column of
paragraph (a)(3) of this section that is
readied for service after the date in the
second column, unless:
(1) The pipeline has been designed,
installed, constructed, initially
inspected, and initially tested in
accordance with this part; or
(2) The pipeline qualifies for use
under this part according to the
requirements in § 192.14.
(3) The compliance deadlines are as
follows:
VerDate Sep<11>2014
17:18 Nov 12, 2021
Jkt 256001
Pipeline
Date
(i) Offshore gathering
pipeline.
(ii) Regulated onshore
gathering pipeline to
which this part did not
apply until April 14,
2006.
(iii) Regulated onshore
gathering pipeline to
which this part did not
apply until May 16,
2022.
(iv) All other pipelines ......
July 31, 1977.
March 15, 2007.
May 16, 2023.
March 12, 1971.
(b) No person may operate a segment
of pipeline listed in the first column of
this paragraph (b) that is replaced,
relocated, or otherwise changed after the
date in the second column of this
paragraph (b), unless the replacement,
relocation or change has been made
according to the requirements in this
part.
Pipeline
Date
(1) Offshore gathering
pipeline.
(2) Regulated onshore
gathering pipeline to
which this part did not
apply until April 14,
2006.
(3) Regulated onshore
gathering pipeline to
which this part did not
apply until May 16,
2022.
(4) All other pipelines .......
July 31, 1977.
March 15, 2007.
May 16, 2023.
November 12,
1970.
*
*
*
*
*
14. In § 192.18, paragraph (c) is
revised to read as follows:
■
§ 192.18
How to notify PHMSA.
*
*
*
*
*
(c) Unless otherwise specified, if the
notification is made pursuant to
§ 192.8(b)(2), § 192.9(g)(4)(ii) and (h),
§ 192.461(g), § 192.506(b),
§ 192.607(e)(4) and (5), § 192.619(c)(2),
§ 192.624(c)(2)(iii) and (c)(6),
§ 192.632(b)(3), § 192.710(c)(7),
§ 192.712(d)(3)(iv) and (e)(2)(i)(E),
§ 192.921(a)(7), § 192.927(b), or
§ 192.937(c)(7) to use a different
integrity assessment method, analytical
method, compliance period, sampling
approach, pipeline material, or
technique (i.e., ‘‘other technology’’) that
differs from that prescribed in those
sections, the operator must notify
PHMSA at least 90 days in advance of
using the other technology. An operator
may proceed to use the other technology
91 days after submittal of the
notification unless it receives a letter
from the Associate Administrator for
PO 00000
Frm 00034
Fmt 4701
Sfmt 4700
Pipeline Safety informing the operator
that PHMSA objects to the proposed use
of other technology or that PHMSA
requires additional time to conduct its
review.
■ 15. Amend § 192.150 as follows:
■ a. In paragraph (b)(7)(ii), remove the
word ‘‘and’’;
■ b. Redesignate paragraph (b)(8) as
paragraph (b)(9); and
■ c. Add a new paragraph (b)(8).
The addition reads as follows:
§ 192.150
devices.
Passage of internal inspection
*
*
*
*
*
(b) * * *
(8) Gathering lines; and
*
*
*
*
*
■ 16. In § 192.452, revise the section
heading and paragraph (b) introductory
text and add paragraphs (c) and (d) to
read as follows:
§ 192.452 How does this subpart apply to
converted pipelines and regulated onshore
gathering pipelines?
*
*
*
*
*
(b) Type A and B onshore gathering
lines. For any Type A or Type B
regulated onshore gathering line under
§ 192.9 existing on April 14, 2006, that
was not previously subject to this part,
and for any onshore gathering line that
becomes a regulated onshore gathering
line under § 192.9 after April 14, 2006,
because of a change in class location or
increase in dwelling density:
*
*
*
*
*
(c) Type C onshore regulated
gathering lines. For any Type C onshore
regulated gathering pipeline under
§ 192.9 existing on May 16, 2022, that
was not previously subject to this part,
and for any Type C onshore gas
gathering pipeline that becomes subject
to this subpart after May 16, 2022,
because of an increase in MAOP, change
in class location, or presence of a
building intended for human occupancy
or other impacted site:
(1) The requirements of this subpart
specifically applicable to pipelines
installed before August 1, 1971, apply to
the gathering line regardless of the date
the pipeline was actually installed; and
(2) The requirements of this subpart
specifically applicable to pipelines
installed after July 31, 1971, apply only
if the pipeline substantially meets those
requirements.
(d) Regulated onshore gathering lines
generally. Any gathering line that is
subject to this subpart per § 192.9 at the
time of construction must meet the
requirements of this subpart applicable
to pipelines installed after July 31, 1971.
E:\FR\FM\15NOR2.SGM
15NOR2
Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Rules and Regulations
17. In § 192.619, revise paragraph
(a)(3) and paragraph (c) to read as
follows:
(3) The highest actual operating
pressure to which the segment was
subjected during the 5 years preceding
the applicable date in the second
column. This pressure restriction
applies unless the segment was tested
■
§ 192.619 Maximum allowable operating
pressure: Steel or plastic pipelines.
(a) * * *
according to the requirements in
paragraph (a)(2) of this section after the
applicable date in the third column or
the segment was uprated according to
the requirements in subpart K of this
part:
Pipeline segment
Pressure date
Test date
(i) Onshore regulated gathering pipeline (Type A or Type B under
§ 192.9(d)) that first became subject to this part (other than
§ 192.612) after April 13, 2006.
(ii) Onshore regulated gathering pipeline (Type C under § 192.9(d))
that first became subject to this part (other than § 192.612) on or
after May 16, 2022.
(iii) Onshore transmission pipeline that was a gathering pipeline not
subject to this part before March 15, 2006.
March 15, 2006, or date pipeline
becomes subject to this part,
whichever is later.
May 16, 2023, or date pipeline becomes subject to this part,
whichever is later.
March 15, 2006, or date pipeline
becomes subject to this part,
whichever is later.
July 1, 1976 ...................................
July 1, 1970 ...................................
5 years preceding applicable date
in second column.
(iv) Offshore gathering pipelines .............................................................
(v) All other pipelines ..............................................................................
*
*
*
*
*
(c) The requirements on pressure
restrictions in this section do not apply
in the following instances:
(1) An operator may operate a
segment of pipeline found to be in
satisfactory condition, considering its
operating and maintenance history, at
the highest actual operating pressure to
which the segment was subjected during
the 5 years preceding the applicable
date in the second column of the table
in paragraph (a)(3) of this section. An
operator must still comply with
§ 192.611.
(2) For any Type C gas gathering
pipeline under § 192.9 existing on or
before May 16, 2022, that was not
previously subject to this part and the
operator cannot determine the actual
operating pressure of the pipeline for
khammond on DSKJM1Z7X2PROD with RULES2
63299
VerDate Sep<11>2014
17:18 Nov 12, 2021
Jkt 256001
the 5 years preceding May 16, 2023, the
operator may establish MAOP using
other criteria based on a combination of
operating conditions, other tests, and
design with approval from PHMSA. The
operator must notify PHMSA in
accordance with § 192.18. The
notification must include the following
information:
(i) The proposed MAOP of the
pipeline;
(ii) Description of pipeline segment
for which alternate methods are used to
establish MAOP, including diameter,
wall thickness, pipe grade, seam type,
location, endpoints, other pertinent
material properties, and age;
(iii) Pipeline operating data, including
operating history and maintenance
history;
PO 00000
Frm 00035
Fmt 4701
Sfmt 9990
5 years preceding applicable date
in second column.
5 years preceding applicable date
in second column.
July 1, 1971.
July 1, 1965.
(iv) Description of methods being
used to establish MAOP;
(v) Technical justification for use of
the methods chosen to establish MAOP;
and
(vi) Evidence of review and
acceptance of the justification by a
qualified technical subject matter
expert.
*
*
*
*
*
Issued in Washington, DC on November 2,
2021, under authority delegated in 49 CFR
1.97.
Tristan H. Brown,
Acting Administrator.
[FR Doc. 2021–24240 Filed 11–12–21; 8:45 am]
BILLING CODE 4910–60–P
E:\FR\FM\15NOR2.SGM
15NOR2
]]>Agencies
[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Rules and Regulations]
[Pages 63266-63299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24240]
[[Page 63265]]
Vol. 86
Monday,
No. 217
November 15, 2021
Part III
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
-----------------------------------------------------------------------
49 CFR Parts 191 and 192
Pipeline Safety: Safety of Gas Gathering Pipelines: Extension of
Reporting Requirements, Regulation of Large, High-Pressure Lines, and
Other Related Amendments; Final Rule
Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 /
Rules and Regulations
[[Page 63266]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 191 and 192
[Docket No. PHMSA-2011-0023; Amdt. Nos. 191-30; 192-129]
RIN 2137-AF38
Pipeline Safety: Safety of Gas Gathering Pipelines: Extension of
Reporting Requirements, Regulation of Large, High-Pressure Lines, and
Other Related Amendments
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: PHMSA is revising the Federal Pipeline Safety Regulations to
improve the safety of onshore gas gathering pipelines. This final rule
addresses Congressional mandates, Government Accountability Office
recommendations, and public input received as part of the rulemaking
process. The amendments in this final rule extend reporting
requirements to all gas gathering operators and apply a set of minimum
safety requirements to certain gas gathering pipelines with large
diameters and high operating pressures. The rule does not affect
offshore gas gathering pipelines.
DATES: The effective date of this final rule is May 16, 2022. The
Director of the Federal Register approved the incorporation by
reference of certain material listed in this rule as of April 14, 2006.
FOR FURTHER INFORMATION CONTACT:
Technical questions: Steve Nanney, Project Manager, by telephone at
713-272-2855.
General information: Sayler Palabrica, Transportation Specialist,
by telephone at 202-366-0559.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Purpose of the Regulatory Action
B. Summary of the Major Provisions of the Regulatory Action
C. Costs and Benefits
II. Background
A. Detailed Overview
B. Advance Notice of Proposed Rulemaking
C. Pipeline Safety, Regulatory Certainty, and Job Creation Act
of 2011
D. Government Accountability Office (GAO) Recommendations
E. Notice of Proposed Rulemaking
F. Protecting our Infrastructure of Pipelines and Enhancing
Safety Act of 2020
III. Analysis of NPRM Comments, GPAC Recommendations, and PHMSA
Response
A. Reporting Requirements--Sec. Sec. 191.1, 192.5, 191.17, and
191.29
B. Gathering Line Definitions--Sec. Sec. 192.3 and 192.8
C. Expanded Scope of Gas Gathering Line Regulations--Sec. 192.8
D. Safety Requirements for Newly Regulated Gas Gathering Lines--
Sec. Sec. 192.9, 192.13, 192.18, 192.452, and 192.619
IV. Section-By-Section Analysis
V. Availability of Standards Incorporated-by-Reference
VI. Regulatory Analysis and Notices
I. Executive Summary
A. Purpose of the Final Rule
This final rule responds to Government Accountability Office (GAO)
recommendations and a Congressional mandate by extending existing
design, operational and maintenance, and reporting requirements under
the Federal Pipeline Safety Regulations to onshore natural gas
gathering pipelines (``gathering lines'') in rural areas. Increasingly,
many of these gathering lines have design and operating parameters that
are similar to natural gas transmission lines (``transmission lines''),
which pose an increased risk to public safety and the environment.
PHMSA expects the regulatory amendments in this final rule will reduce
the frequency and consequences of failures of onshore gas gathering
lines and in turn reduce the likelihood of gas-related releases and
incidents. The requirements in the final rule are designed to prevent
and detect threats to pipeline integrity, improve public awareness of
pipeline safety, and improve emergency response to pipeline incidents.
PHMSA expects this final rule, therefore, will (1) improve public
safety; (2) reduce threats to the physical environment (including, but
not limited to, greenhouse gas emissions released during natural gas
gathering line incidents); and (3) promote environmental justice for
minority populations, low-income populations, and other underserved and
disadvantaged communities.
Gas gathering lines are pipelines used to transport natural gas
from a current production facility to a transmission line or
distribution main lines (``main lines''). Generally, these pipelines
are used to collect unprocessed gas from production facilities for
transport to a gas treatment plant or other facility. From there, the
natural gas is separated from petroleum liquids, water, and other
impurities to prepare the gas for further transportation and sale. In
the Federal Pipeline Safety Regulations (49 Code of Federal Regulations
(CFR) parts 190 through 199), gas gathering lines are distinct from gas
transmission pipelines which are defined in Sec. 192.3 as pipelines
that: (1) Transport gas from a gathering line or storage facility to a
distribution center, storage facility, or large volume customer that is
not downstream from a distribution center; (2) operate at a hoop stress
of 20 percent or more of specified minimum yield strength (SMYS); \1\
or (3) transport gas within a storage field.
---------------------------------------------------------------------------
\1\ SMYS is defined in Sec. 192.3 and refers to the minimum
force required to deform permanently the material as specified in
the applicable design codes.
---------------------------------------------------------------------------
Section 192.5 divides gas transmission and gathering lines into
class locations based on the number of dwellings near the pipeline.
These range from rural Class 1 to densely populated Class 4 locations.
Class locations are defined in Sec. 192.5. A Class 1 location is an
offshore pipeline or an onshore pipeline that has 10 or fewer buildings
intended for human occupancy within a 1-mile-long class-location unit.
Unlike transmission lines, which are regulated regardless of location,
gathering lines in rural Class 1 locations are exempt from Federal
pipeline safety and reporting regulations in parts 191 and 192.
However, PHMSA has authority under 49 U.S.C. 60102(a)(2) to issue
safety regulations for pipeline transportation and pipeline facilities,
including non-rural gathering lines and rural gathering lines
designated by the Secretary as ``regulated gathering lines'' under 49
U.S.C. 60101(a)(21) and (b). Section 60117(b)(2) also authorizes DOT to
require owners and operators of gathering lines, including rural
gathering lines that have not been defined as regulated gathering
lines, to submit information pertinent to its ability to make a
determination as to whether and to what extent to regulate gathering
lines.
Prior to 2005, U.S. gas production had been stagnant since a peak
in the early 1970s.\2\ The gathering lines that received gas from
conventional wells typically had smaller diameters than gas
transmission lines and operated at lower pressures. All else equal, a
smaller diameter and lower pressure pipeline will release less gas and
energy during an incident compared with a larger diameter pipeline with
a greater operating pressure, such as a major transmission line. As a
result, gathering lines located in Class 1 locations were
[[Page 63267]]
thought to pose relatively low risk to the public and the environment;
therefore, gathering lines in Class 1 locations were exempt from
reporting and safety requirements in the Federal Pipeline Safety
Regulations. On the other hand, to account for the risks related to
their physical, functional, and operational characteristics,
transmission pipelines have been subject to PHMSA regulations
regardless of their location.
---------------------------------------------------------------------------
\2\ See U.S. Energy Information Administration (EIA), ``Natural
Gas Explained--U.S. natural gas consumption, dry production, and net
imports, 1950-2019,'' https://www.eia.gov/energyexplained/natural-gas/where-our-natural-gas-comes-from.php (accessed Nov. 3, 2020).
---------------------------------------------------------------------------
Regardless of their size, regulated gathering lines are required to
comply with safety reporting requirements and minimum safety standards
in parts 191 and 192. Section 192.8(b) currently provides for two
categories of regulated onshore gathering lines. Type A gathering lines
are located in Class 2, Class 3, or Class 4 locations (see Sec. 192.5)
that operate at relatively higher stress levels. Section 192.9(c)
subjects Type A regulated gathering lines to the same requirements as
gas transmission pipelines, with a few exceptions, due to the high
potential consequences of an incident on a high-stress pipeline in a
populated area. Type B gathering lines are lower-stress pipelines in
Class 3, Class 4, and certain Class 2 locations. Section 192.9(d)
subjects Type B to a less comprehensive set of requirements since such
pipelines operate at lower stress levels than transmission pipelines.
As stated above, gathering lines in Class 1 locations are excluded from
the reporting and safety standards contained in parts 191 and 192. In a
2006 final rule, PHMSA determined that the potential consequences of a
release of a smaller-diameter pipeline with a lower maximum allowable
operating pressure (``MAOP''), in a sparsely populated area, would be
minimal.\3\
---------------------------------------------------------------------------
\3\ Gas Gathering Line Definition; Alternative Definition for
Onshore Lines and New Safety Standards, 71 FR 13289, 13291 (Mar. 15,
2006).
---------------------------------------------------------------------------
Due to new drilling technologies and changing demand factors,
domestic gas production has been surging since approximately 2006.\4\
Besides larger overall production volumes, new drilling technologies
have also greatly increased the volume of gas that can be extracted
from a single production site.\5\ As a result, the volume of gas
transported by gathering lines have also increased significantly. In
order to transport this additional volume, some gas gathering lines are
now constructed with large-diameter pipe and operating pressures
comparable to large, interstate gas transmission pipelines. For
example, the National Association of State Pipeline Safety
Representatives (NAPSR) \6\ Resolution 2010-2 AC-2 notes that members
have observed rural gathering lines as large as 30 inches in diameter
with a MAOP as high as 1480 psi.\7\ The potential safety and
environmental consequences of a gas pipeline rupture are proportional
to the pipeline's diameter and operating pressure. Large diameter
gathering lines are still exempt from the requirements in parts 191 and
192 if they are located in Class 1 locations despite their physical and
functional similarities with transmission pipelines and their increased
potential for adverse consequences in the event of incident.
---------------------------------------------------------------------------
\4\ EIA, ``U.S. Natural Gas Marketed Production,'' https://www.eia.gov/dnav/ng/hist/n9050us2a.htm. (accessed Nov. 9, 2020).
\5\ EIA, ``Hydraulically fractured horizontal wells account for
most new oil and natural gas wells,'' https://www.eia.gov/todayinenergy/detail.php?id=34732 (Jan. 30, 2018).
\6\ NAPSR is a nonprofit association of State pipeline safety
officials.
\7\ Available on the NAPSR website at https://www.napsr.org/resolutions.html.
---------------------------------------------------------------------------
Large diameter, high-pressure gathering lines are susceptible to
the same types of integrity threats as transmission pipelines,
including corrosion, excavation damage, and construction defects. The
exemption of these pipelines from the safety requirements of the
Federal Pipeline Safety Regulations failed to consider the present
risks that now exist. In addition, PHMSA has lacked detailed
information on the safety of gas gathering lines in Class 1 locations
because such lines have been exempted from requirements to submit
incident and annual reports under part 191. These reports are necessary
for PHMSA to analyze how recent changes in the gas production and
midstream industries affect the functional and operational
characteristics of unregulated gathering lines, and the safety
consequences of those changes. While more comprehensive information is
being collected and analyzed, expanded regulatory measures are needed
to protect the human and natural environment from the consequences of
incidents on large-diameter, high-pressure gathering lines from
preventable causes such as corrosion, excavation damage, and inadequate
design and construction practices.
On August 25, 2011, PHMSA issued an advance notice of proposed
rulemaking (ANPRM) that, among other things, requested comments with
respect to improving the regulation of gas gathering lines.\8\
Following the ANPRM's publication, the Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011 (2011 Pipeline Safety Act, Pub.
L. 112-90) was enacted on January 3, 2012. Section 21 of the 2011
Pipeline Safety Act mandated that DOT review existing regulations for
gathering lines and report to Congress on the sufficiency of existing
Federal and State laws and the need to modify or revoke existing
exemptions from Federal regulation for gathering lines.
---------------------------------------------------------------------------
\8\ Pipeline Safety: Safety of Gas Transmission Pipelines, 76 FR
53086.
---------------------------------------------------------------------------
Subsequently, in 2012, the GAO issued recommendation GAO-12-388 for
PHMSA to collect data on Federally unregulated hazardous liquid and gas
gathering lines.\9\ In August 2014, GAO issued recommendation 14-667
for PHMSA to ``move forward with rulemaking to address gathering
pipeline safety that addresses the risks of larger-diameter, higher-
pressure gathering pipelines, including subjecting such pipelines to
emergency response planning requirements that currently do not apply to
gathering pipelines.'' \10\
---------------------------------------------------------------------------
\9\ GAO, No. 12-388, ``Pipeline Safety: Collecting Data and
Sharing Information on Federally Unregulated Gathering Pipelines
Could Help Enhance Safety'' (Mar. 22, 2012).
\10\ GAO, No. 14-667, ``Oil and Gas Transportation: Department
of Transportation Is Taking Actions to Address Rail Safety, but
Additional Actions Are Needed to Improve Pipeline Safety'' at 48
(Aug. 2014).
---------------------------------------------------------------------------
On April 8, 2016, PHMSA issued a notice of proposed rulemaking
(NPRM) responding to comments received on the ANPRM and proposing to
further regulate gas gathering lines to enhance safety.\11\ This final
rule addresses only those portions of the NPRM dealing with gas
gathering lines. Portions of the NPRM dealing with gas transmission
issues have already been implemented in the final rule, ``Pipeline
Safety: Safety of Gas Transmission Pipelines: MAOP Reconfirmation,
Expansion of Assessment Requirements, and Other Related Amendments,''
(``Gas Transmission Final Rule'') published on October 1, 2019.\12\ The
remaining gas transmission issues will be addressed in the future in a
separate rulemaking under the Regulatory Identifier Number (RIN) 2137-
AF39, titled ``Pipeline Safety: Safety of Gas Transmission Pipelines,
Repair Criteria, Integrity Management Improvements, Cathodic
Protection, Management of Change, and Other Related Amendments.''
---------------------------------------------------------------------------
\11\ Pipeline Safety: Safety of Gas Transmission and Gathering
Pipelines, 81 FR 20722.
\12\ 84 FR 52180.
---------------------------------------------------------------------------
The NPRM discussed the Congressional mandate and GAO
recommendations, as well as the increased risk factors regarding
gathering lines discussed above. In addition, the NPRM explained the
need to clarify the definitions of gas gathering lines in Sec. Sec.
192.3 and 192.8, which rely on American Petroleum Institute (API)
Recommended Practice (RP) 80,
[[Page 63268]]
``Guidelines for the Definition of Onshore Gas Gathering Lines,'' first
edition, April 2000. The current definitions are unclear with respect
to each of (1) the point at which a non-jurisdictional production
operation ends and a potentially regulated gas gathering line begins
and (2) the use of the incidental gathering designation, which allows
an operator to designate lines downstream from any gathering function
defined in API RP 80 as a gathering line rather than as a transmission
line.
A summary of the proposed changes and PHMSA's response to the
comments on the NPRM are provided below in section III of this final
rule.
On December 28, 2020, the Protecting our Infrastructure of
Pipelines and Enhancing Safety Act of 2020 (2020 PIPES Act, Pub. L.
116-260) was enacted. Section 112(a) directed PHMSA to issue a final
rule in this rulemaking by March 27, 2021.
B. Summary of the Major Provisions of the Final Rule
This final rule addresses reporting and safety requirements for
onshore gas gathering lines; offshore gas gathering lines are beyond
the scope of this rulemaking.\13\ The final rule requires operators of
all onshore gas gathering lines to report incidents and file annual
reports under part 191. The purpose of this expanded reporting
obligation is to gather data about the state of gas gathering
infrastructure and monitor the safety performance of gas gathering
lines that were previously exempt from Federal reporting requirements.
The information in the reports will help determine the need for future
regulatory changes to address the risks to the public, property, and
the environment posed by all types of pipeline systems engaged in the
transportation of gas.
---------------------------------------------------------------------------
\13\ References in this final rule to ``gathering'' therefore
refer, unless specified otherwise, to onshore gas gathering
pipelines. Similar to Type A onshore gas gathering lines, offshore
gas gathering lines are already covered by the requirements in part
192 applicable to transmission lines, with some exceptions listed in
Sec. 192.9(b).
---------------------------------------------------------------------------
In addition, the final rule provides for a new Type C regulated
gathering line \14\ in Sec. 192.8. Type C gathering lines are defined
as gas gathering lines in Class 1 locations that have outer diameters
of 8.625 inches or greater and operate at higher stress levels or
pressures. The safety requirements for Type C lines, referred to as
Type C requirements in the final rule, are specified in revised Sec.
192.9(e) and vary based on the outer diameter of the pipeline and the
potential consequences of a failure. The potential consequences of
incidents are greater on larger-diameter, higher-pressure pipelines and
pipelines that are located near buildings intended for human occupancy.
Type C gathering lines with an outside diameter greater than 16 inches
and certain other Type C gathering lines that could directly affect
homes and other structures are required to comply with (1) existing
requirements for Type B gas gathering lines, and (2) requirements at
Sec. 192.615 that operators develop and implement emergency plans.
Type C gathering lines with smaller diameters or that could not
directly affect homes and other structures have fewer requirements that
are limited to damage prevention, emergency plans, and public
awareness. These requirements address known causes of pipeline failures
including excavation damage, corrosion, and inadequate design and
construction standards.
---------------------------------------------------------------------------
\14\ This final rule and amended regulatory text use the
formulation ``Type C'' to identify the newly-regulated onshore
gathering lines described in the NPRM as ``Type A, Area 2.''
However, in discussion of the NPRM and comments thereon, this final
rule will use the formulation ``Type A, Area 2'' for the convenience
of the reader.
---------------------------------------------------------------------------
C. Costs and Benefits
Consistent with 49 U.S.C. 60102(b) and Executive Order 12866
(``Regulatory Planning and Review''),\15\ PHMSA has prepared an
assessment of the benefits (including safety and environmental
benefits) and costs of the final rule as well as reasonable
alternatives. PHMSA expects benefits of the final rule to consist of
improved safety and avoided environmental harms (including methane
emissions) from reduction of the frequency and consequences of failures
of onshore natural gas gathering lines that could result in releases
and incidents. PHMSA estimates the annualized costs of the rule to be
approximately $13.7 million per year at a 7-percent discount rate. The
Regulatory Impact Analysis (RIA) for this final rule is available in
the docket. The table below provides a summary of the estimated costs
for the major provisions in this rulemaking and in total (see the RIA
for further detail on these estimates).
---------------------------------------------------------------------------
\15\ 58 FR 51375 (Oct. 4, 1993).
------------------------------------------------------------------------
Estimated annualized cost
Provision (7%)
------------------------------------------------------------------------
Right-of-Way Surveillance................. $170,087.
Corrosion Control......................... $2,043,260.
Damage Prevention......................... $285,011.
Public Awareness.......................... $550,464.
Line Markers.............................. $1,680,870.
Emergency Plan............................ $312,167.
Leakage Surveys........................... $7,626,075.
Incident reporting........................ $134,556.
Annual reporting.......................... $943,408.
Construction.............................. Negligible.
-----------------------------
Total................................... $13,745,898.
------------------------------------------------------------------------
II. Background
A. Detailed Overview
Introduction
The Pipeline Safety Regulations divide gas transmission and
gathering lines into classes from Class 1 (rural areas) to Class 4
(densely populated, high-rise areas) that are based on the number of
buildings or dwellings for human occupancy in the area. Class locations
are defined in Sec. 192.5. A Class 1 location is an offshore pipeline
or an onshore pipeline that has 10 or fewer buildings intended for
human occupancy within a 1-mile-long class-location unit. This final
rule addresses only onshore gas gathering lines. Gas gathering lines
located in Class 2, Class 3, and Class 4 locations have been subject to
reporting requirements in part 191 and safety requirements in part 192.
Type A lines, which operate at higher pressure, are required to comply
with most safety requirements applicable to transmission pipelines at
part 192, while lower-pressure Type B lines are required to follow
fewer requirements, which are listed in Sec. 192.9(d).
When PHMSA last issued regulations addressing the safety of gas
gathering lines in 2006,\16\ it exempted gathering lines in Class 1
locations from reporting and safety requirements in parts 191 and 192.
At the time, such pipelines were mostly small-diameter, low-pressure
pipelines located in sparsely populated, traditional oil-producing
regions and were thought to pose relatively low risks to the public.
However, by the time that the 2006 final rule was adopted, innovative
drilling technologies, new hydrocarbon discoveries, and increasing
demand for natural gas were starting to transform the industry. Highly
productive ``unconventional'' drilling techniques have proliferated,
and modern production sites can be several times more productive than
conventional wells. The characteristics of the gathering lines
servicing current wells often have more in common with large interstate
transmission systems than the diffuse network of small gathering lines
that predominated when the current gas
[[Page 63269]]
gathering regulatory framework was being developed prior to 2006. These
changes are placing unprecedented demands and increasing safety risks
on the Nation's pipeline system.
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\16\ Gas Gathering Line Definition; Alternative Definition for
Onshore Lines and New Safety Standards, 71 FR 13289 (Mar. 15, 2006).
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The final rule requires operators of all onshore gas gathering
lines to prepare and submit annual reports with information about their
gas gathering lines and to submit incident reports under part 191. The
information is necessary to monitor the safety performance of gas
gathering systems and inform the appropriate level of regulatory
oversight. This final rule also adopts new safety requirements for
larger-diameter (i.e., with outer diameters of 8.625 inches or
greater), higher-operating pressure gas gathering lines to mitigate
risks to public safety and pipeline integrity. The need to implement
risk-based protections and build an understanding of the safety of gas
gathering systems is critical since ``unconventional'' production
operations continue to expand, often into regions inexperienced with
oil and gas development--posing new risks to humans and the
environment.
Natural Gas Gathering Infrastructure Overview
The U.S. natural gas pipeline network is designed to transport
natural gas to and from most locations in the country. Approximately
two-thirds of the lower 48 States depend almost entirely on the
interstate transmission pipeline system for their supplies of natural
gas.\17\ In 49 CFR part 192, pipelines are classified into three broad
groups, based on their function and characteristics: Gathering,
transmission, and distribution systems. Onshore gathering lines, the
sole subject of this final rule, typically transport gas from
production fields to gas transmission pipelines or centralized
processing and storage facilities. From there, gas is typically
transported to large industrial users such as gas-fired power stations
or local distribution companies via transmission pipelines. Finally,
distribution companies deliver gas to homes and businesses, and other
end-users. Together, these systems form an interconnected network that
transports natural gas from the production field to its end users.
PHMSA estimates that there are over 400,000 miles of onshore gas
gathering lines throughout the U.S., the vast majority of which are in
Class 1 locations.\18\
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\17\ U.S. Department of Energy (DOE), ``Appendix B: Natural
Gas--Quadrennial Energy Review Report: Energy Transmission, Storage,
and Distribution Infrastructure'' p. NG-28 (Apr. 2015).
\18\ API estimated there were 240,000 miles of unregulated
gathering lines in comments submitted October 23, 2012, available in
the docket. In order to project an estimate of gathering lines in
service today, PHMSA adjusted this estimate based on average rate of
increase in reported mileage of regulated gathering lines from
operators' annual reports since 2012. See the RIA, available in the
docket, for additional information on estimates of gathering miles
affected by the rule.
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Regulatory History
The Natural Gas Pipeline Safety Act of 1968 (Pub. L. 90-481) vested
the Secretary with statutory authority to issue regulations to ensure
the safe transportation of natural gas by pipeline but excluded the
regulation of gas gathering lines in rural areas, which were defined in
section 2(3) of the 1968 Act as those locations outside the limits of
any incorporated or unincorporated city, town, or village, or other
designated residential or commercial area. Later, Congress modified the
definition of ``transporting gas'' to provide Secretary the authority
to designate non-rural areas in order to make pipelines in those non-
rural areas subject to PHMSA's jurisdiction (49 U.S.C.
60101(a)(21)(B)).
PHMSA,\19\ through delegation by the Secretary,\20\ and its State
partners enforce requirements for regulated \21\ gas gathering systems
in the Federal Pipeline Safety Regulations that are authorized under 49
U.S.C. 60101 et seq. DOT issued interim minimum Federal safety standard
regulations for gas pipeline facilities and the transportation of
natural and other gas by pipeline on November 13, 1968,\22\ and
subsequently codified broad-based gas pipeline regulations in 49 CFR
part 192 on August 19, 1970.\23\ The 1970 final rule defined a
``gathering line'' as ``a pipeline that transports gas from a current
production facility to a transmission line or main,'' and subjected all
gathering lines located in non-rural areas (e.g., within the limits of
any incorporated or unincorporated city, town, or village, or other
designated residential or commercial area) to all requirements
applicable to transmission pipelines (Sec. Sec. 192.1 and 192.9).
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\19\ PHMSA's predecessor agencies include the Research and
Special Programs Administration (RSPA), the Materials Transportation
Bureau (MTB), and the Office of Pipeline Safety (OPS). For
simplicity, all are referred to as DOT in this section.
\20\ 49 CFR 1.97.
\21\ Typically, onshore pipelines involved in the
``transportation of gas,'' see 49 CFR 192.1 and 192.3 for detailed
applicability.
\22\ Interim Minimum Federal Safety Standards for the
Transportation of Natural and Other Gas by Pipeline, 33 FR 16500.
\23\ Transportation of Natural and Other Gas by Pipeline:
Minimum Federal Safety Standards, 35 FR 13248.
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This historical approach to defining PHMSA's jurisdiction, however,
has left several key gaps which made it difficult to determine where a
gathering line started and ended. One was that it failed to define
``current production facility,'' and therefore the point where a non-
jurisdictional production facility became a gathering line was not
clear.\24\ Additionally, there was no clear definition of where a
gathering line ended, and a transmission pipeline or distribution main
line began. The DOT has attempted to clarify these gaps several times.
In 1974, DOT proposed to revise the definition of a gas ``gathering
line'' to address this uncertainty as to the beginning and end points
of gas gathering.\25\ However, the proposal was later withdrawn.\26\
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\24\ Transportation of Natural and Other Gas by Pipeline:
Proposed Definition of Gathering Line, 39 FR 34569 (Sept. 26, 1974).
\25\ Id.
\26\ Transportation of Natural and Other Gas by Pipeline:
Withdrawal of Proposed Definition of Gathering Line, 43 FR 42773
(Sept. 21, 1978).
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In 1991, DOT again proposed to revise the definition of a gathering
line following a NAPSR survey of its members noting ongoing
disagreements about the classification of certain segments of gas
pipelines.\27\ However, in response to comments on the proposed rule
and the issuance of the Pipeline Safety Act of 1992 (Pub. L. 102-508),
PHMSA delayed final action on that proposal to consider additional
information and the statutory changes. As described earlier, PHMSA was
previously restricted from issuing regulations for rural gathering
lines. Section 109 of The Pipeline Safety Act of 1992 expanded DOT's
authority by authorizing the Secretary to define the term ``regulated
gathering line,'' and issue safety regulations for the transportation
of gas through those pipelines despite their location in rural areas
(49 U.S.C. 60101(b)). The Pipeline Safety Act of 1992 also directed DOT
to consider functional and operational characteristics in defining
gathering lines (49 U.S.C. 60101(b)(1)(B)(i)). For the definition of
the term ``regulated gathering line,'' Congress further directed DOT to
consider such factors as location, length of line from the well site,
operating pressure, throughput, and gas composition in deciding which
gathering lines are functionally gathering yet warrant regulation as
regulated gathering lines (49 U.S.C. 60101(b)(2)(A)). This authority
also expressly allowed DOT to depart from the concepts used to define
gathering for the purposes of determining the scope of the Federal
Energy Regulatory
[[Page 63270]]
Commission's (FERC) authority under the Natural Gas Act (15 U.S.C. 717
et seq.) in order to define gas gathering lines based on functional,
rather than rate-setting, considerations. In other words, whether the
DOT classifies a pipeline as a transmission line, gathering line, or
regulated gathering line has no impact on the pipeline's status with
FERC and vice-versa.
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\27\ Gas Gathering Line Definition: Notice of Proposed
Rulemaking, 56 FR 48505 (Sept. 25, 1991).
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In 1999, PHMSA renewed the effort to define gathering lines. To
facilitate this project, PHMSA opened a website for public discussion
on the question of how to define gas gathering lines and whether there
was a need to subject rural gathering lines to Federal safety
oversight.\28\ The majority of the comments received focused on the
work that was being done by API to classify gathering lines. That
effort culminated in the publication of the first edition of API RP 80
in April 2000.
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\28\ Request for Comments: Gas Gathering Line Definition, 64 FR
12147 (Mar. 11, 1999).
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The purpose of API RP 80 is to define gas gathering lines in
onshore areas based on the line's function. It distinguishes a
gathering function from a ``production operation'' that is not engaged
in transportation (see section 2.3 of API RP 80) and defines a number
of points that determine the potential endpoint of the gathering
function (see section 2.2(a)(1)(A) through (a)(1)(D) of API RP 80),
such as the inlet to the furthermost downstream gas processing plant or
the furthermost downstream point where gas produced in the same
production field or separate production fields is commingled. API RP 80
defines a gathering line as ``a pipeline, or a connected series of
pipelines, used to transport gas from the furthermost downstream point
in a production operation to the furthermost downstream of one of the
defined endpoints of gathering.'' The document also includes
supplementary definitions, discussion, and diagrams to provide
additional guidance on how operators may apply these definitions to
various types of gathering systems. Section 192.8 includes limitations
on how aspects of API RP 80 must be applied.
Ever since API RP 80 was first issued, PHMSA has had concerns about
``incidental gathering.'' While section 2.2(a)(1)(A) through (a)(1)(D)
describe points where the gathering function can end, paragraph
(a)(1)(E) allows an operator to designate pipeline segments that are
past the furthermost downstream of the other endpoint of gathering up
to the connection to ``another pipeline'' (typically a transmission
line) as a gathering line regardless of the actual function or
operational characteristics of the pipeline itself. This is the
``incidental gathering'' concept discussed in API RP 80 section
2.2.1.2.6. By definition, these lines extend beyond the end of any
gathering functions. When a major gas processing plant or a compressor
used to raise the pressure for delivery into a transmission line is the
endpoint, the incidental gathering line segment can be
indistinguishable from a transmission line in terms of its function,
diameter, pressure, and gas composition; yet is treated as a gathering
line rather than a transmission line under part 192. Additionally,
there are no limits on how far an incidental gathering line may extend
under the API RP 80 definition. The API RP 80 concept of ``incidental
gathering'' undermines the functional definition of ``gathering'' that
API RP 80 was intended to establish. In fact, API RP 80 creates a
regulatory gap for pipeline segments that bear the least functional and
operational resemblance to gathering lines.
In 2003, DOT held public meetings in Austin, Texas, and Anchorage,
Alaska, to determine the best way to define the terms ``gas gathering
line'' and ``regulated gathering line'' and what, if any, safety rules
would be needed for rural regulated gathering lines.\29\ At the
meetings, DOT proffered a ``sliding corridor'' concept as a possible
basis for defining which gathering lines should be designated as
regulated gathering lines. This concept was similar to the ``sliding
mile'' used for class location determinations, except that the corridor
would be 1,000 feet long rather than one mile, and the width would vary
depending on the stress level of the segment of pipe. Wherever the
corridor contained five or more dwellings, the gathering line segment
would be subject to a subset of Federal Pipeline Safety Regulations,
the scope of which would increase as the stress level \30\ of the
segment increased.
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\29\ See 68 FR 62555 (Nov. 5, 2003) (Austin, TX, meeting) and 68
FR 67129 (Dec. 1, 2003) (Anchorage, AK, meeting). Transcripts for
the meeting are available for download at regulations.gov under
Docket No. PHMSA-RSPA-1998-4868.
\30\ Expressed as the circumferential fore on a pipe (hoop
stress) produced by the MAOP as a percent of the specified minimum
yield strength (SMYS). SMYS is defined in Sec. 192.3 and refers to
the minimum force required to deform permanently the material as
specified in the applicable design codes.
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After these two meetings, DOT published a document that stated that
the definitions of production and gathering should ensure that Federal
regulation of gathering lines does not overlap with State regulations
on production, and should promote consistent application by regulators
and operators.\31\ The document invited comments on an appropriate
approach for identifying rural gas gathering lines that warranted
regulation. After the 2003 public meetings, DOT met several times with
State agency officials, industry representatives, and others to obtain
different views on the risks posed by gas gathering lines and the need
for Federal regulation over the same.
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\31\ Gas and Hazardous Liquid Gathering Lines: Clarification of
Rulemaking Intentions and Extension of Time for Comments, 69 FR 5305
(Feb. 4, 2004).
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In 2006, DOT published a final rule that established the current
Federal Pipeline Safety Regulations for gas gathering lines in
Sec. Sec. 192.8 and 192.9.\32\ The final rule incorporated by
reference API RP 80, which defines ``onshore gas gathering pipelines.''
The 2006 final rule also replaced the previous ``non-rural'' criteria
for designating regulated gathering lines in Sec. 192.9 with a risk-
based approach to regulating gas gathering lines in Class 2, 3, and 4
locations. In the 2006 final rule, PHMSA chose not to extend any
reporting or safety requirements to gas gathering lines in Class 1
locations. At the time, PHMSA noted that such pipelines were typically
small-diameter, low-pressure lines posing relatively low risks to the
public. The Federal requirements for gas gathering lines have remained
in place, mostly unchanged, since 2006.
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\32\ Gas Gathering Line Definition; Alternative Definition for
Onshore Lines and New Safety Standards, 71 FR 13289 (Mar. 15, 2006).
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Supply Changes
Between 2005 and 2019, marketed production of natural gas increased
from 18.9 trillion cubic feet (Tcf) per year to 36.5 Tcf per year.\33\
While gross gas production from conventional wells has fallen by 53
percent from 16.2 Tcf per year to 7.6 Tcf per year between 2005 and
2019,\34\ overall production has grown due to increased unconventional
shale gas production. EIA began reporting shale gas well withdrawals in
2007. In 2007, unconventional shale gas accounted for about 8 percent
of the total natural gas production in the U.S. Since then, shale gas
production has increased from 1.9 trillion cubic feet per year to 27.8
trillion cubic feet per year in 2019 \35\ and now accounts for
[[Page 63271]]
approximately 68 percent of overall gross gas production.
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\33\ EIA, ``U.S. Natural Gas Marketed Production,'' https://www.eia.gov/dnav/ng/hist/n9050us2a.htm (accessed Nov. 9, 2020).
\34\ EIA, ``U.S. Natural Gas Gross Withdrawals from Gas Wells,''
https://www.eia.gov/dnav/ng/hist/n9011us2a.htm (accessed Nov. 9,
2020).
\35\ EIA, ``U.S. Natural Gas Gross Withdrawals from Shale Gas,''
https://www.eia.gov/dnav/ng/hist/ngm_epg0_fgs_nus_mmcfa.htm
(accessed Nov. 9, 2020).
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This increase in unconventional gas extraction has shifted
production from traditional gas producing regions such as Texas,
Louisiana, Oklahoma, and the Gulf of Mexico to other areas, such as
Pennsylvania and Ohio. For instance, in 2001, 5,066,015 million cubic
feet (MMcf) of natural gas was withdrawn from the Gulf of Mexico, which
was approximately 21 percent of the Nation's natural gas gross
production. By 2019, withdrawals decreased to 1,033,922 MMcf. During
that same period, Pennsylvania's share of production grew from 130,853
MMcf to 6,896,792 MMcf.\36\ The Department of Energy projects that more
than half of increases in shale gas production through 2050 will occur
in the Appalachian Basin (e.g., the Marcellus and Utica Basins), which
will continue to fuel growth in natural gas production from the 2020
levels of 33.9 t (Tcf) per year to 43.0 Tcf per year in 2050.\37\
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\36\ EIA, ``Gulf of Mexico--Offshore Natural Gas Withdrawals,''
https://www.eia.gov/dnav/ng/hist/na1060_r3fmtf_2a.htm (accessed Nov.
9, 2020); EIA, ``Pennsylvania Natural Gas Gross Withdrawals,''
https://www.eia.gov/dnav/ng/hist/n9010pa2a.htm (accessed Nov. 9,
2020).
\37\ EIA, ``Annual Energy Outlook 2021'' (Feb. 3, 2021), https://www.eia.gov/outlooks/aeo/production/sub-topic-01.php.
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Demand Changes
Increased production of natural gas in the United States has
depressed average prices and volatility.\38\ In 2004, the growth
outlook for natural gas production was weak; the EIA forecasted that
dry gas production would increase by only 1.0 percent annually \39\ and
that production in the lower 48 would be 21.3 Tcf per year by 2025, or
up to 25.1 Tcf per year in the rapid technology scenario.\40\ At the
time, monthly average spot prices at Henry Hub \41\ were high, based on
historic comparison of prices, fluctuating between $4 per million
British thermal units (Btu) and $7 per million Btu. Prices rose above
$11 per million Btu for several months in both 2005 and 2008.\42\ Since
then, after production shifted to onshore unconventional shale
resources and price volatility decreased since 2009, natural gas has
frequently traded between $2 and $4 per million Btu, and the spot price
has not been above $6 per million Btu for any full month.\43\
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\38\ DOE, ``Appendix B: Natural Gas--Quadrennial Energy Review
Report: Energy Transmission, Storage, and Distribution
Infrastructure,'' at NG-11 (Apr. 2015), https://www.energy.gov/sites/prod/files/2015/04/f22/QER-ALL%20FINAL_0.pdf.
\39\ EIA, ``Annual Energy Outlook 2004 With Projections to
2025,'' at 133 (Jan. 2004), https://www.eia.gov/outlooks/archive/aeo04/pdf/0383(2004).pdf.
\40\ Id. at 90.
\41\ Henry Hub is a Louisiana natural gas distribution hub where
conventional Gulf of Mexico natural gas can be directed to gas
transmission lines running to different parts of the country.
Natural gas bought and sold at the Henry Hub serves as the National
benchmark for U.S. natural gas prices. Id. at NG-29, NG-30.
\42\ EIA, ``Natural Gas Spot and Futures Prices,'' https://www.eia.gov/dnav/ng/ng_pri_fut_s1_m.htm, (accessed Nov. 9, 2020).
\43\ Id.
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This fall in natural gas prices and volatility was accompanied by
significant demand growth and changes to the geography of gas demand.
Low fuel costs, improved gas turbine technology, operational
advantages, and greenhouse gas concerns have driven a steady growth in
gas-fired electricity generation. According to the Department of
Energy, natural gas surpassed coal as the fuel with the highest share
of net electricity generation in 2016.\44\ Natural gas exports have
also increased. In 2019, the U.S. exported 4.7 Tcf of gas, over six
times the amount that was exported in 2006.\45\ Virtually all the gas
produced and consumed in the U.S. is transported by gas gathering and
transmission pipelines to distribution pipelines or end-users.
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\44\ EIA, ``Electric Power Annual 2019'' Table 3.1.A (Oct.
2020), https://www.eia.gov/electricity/annual/ (accessed Nov. 9,
2020).
\45\ EIA, ``U.S. Natural Gas Exports,'' https://www.eia.gov/dnav/ng/hist/n9130us2a.htm (accessed November 9, 2020).
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Consequences for Gas Gathering
Modern production techniques, higher production volumes, and the
geography of new gas discoveries have had consequences for gas
gathering systems that PHMSA did not contemplate in 2006. Individual
unconventional wells can be several times more productive than
conventional facilities, and multiple wells can be drilled from a
single wellpad, resulting in a large increase in the volume of gas that
can flow from production and gathering lines serving a single site. In
addition, these productivity gains have led to a surge in production
overall, which expands the demands placed on the overall gas gathering
pipeline network. Modern gas gathering lines often bear a closer
resemblance to large interstate transmission lines than the diffuse
network of small, low-pressure lines that previously characterized
gathering lines. An incident on such pipelines can have serious
consequences, even in a Class 1 location.
Although PHMSA has not collected annual report information on the
mileage or diameter of gas gathering lines in Class 1 locations,
various stakeholders have reported significant growth in large-
diameter, high-pressure gas gathering lines operating outside the scope
of the Federal Pipeline Safety Regulations. NAPSR noted in the preamble
to its Resolution 2010-2 AC-2 that ``it is not uncommon to find rural
gas gathering pipelines up to 30 inches in diameter and operating at a
MAOP of 1480 psi [pounds per square inch, or approximately 1495 pounds
per square inch gauge (psig)]'' in modern gas gathering systems,\46\
which resembles the operational characteristics of major interstate
transmission pipelines that are subject to part 191 and 192 regardless
of where they are located. Similarly, the GAO noted that 24-inch
diameter unregulated gathering lines were located and constructed in
close proximity to homes in Pennsylvania, and 30 to 36-inch diameter
unregulated gas gathering lines were planned for construction in the
Eagle Ford shale formation in Texas.\47\ In comments to the NPRM, the
Pennsylvania Public Utility Commission noted that producers in the
State are constructing gas gathering lines as large as 36 inches in
diameter with operating pressures up to 1480 psig.
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\46\ NAPSR, Resolution 2010-2AC-2 (Sept. 30, 2010), https://nebula.wsimg.com/215b293abe58ff21d6d2ad867ae864a3?AccessKeyId=8C483A6DA79FB79FC7FA&disposition=0&alloworigin=1.
\47\ GAO, No. 14-667 at 24.
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The energy that can be released in a pipeline explosion or fire is
proportional to a pipeline's throughput capacity. The potential impact
radius formula in Sec. 192.903, which calculates the radius of a
circle within which the potential failure of a pipeline could have a
significant impact on people or property, increases proportionally with
pressure and exponentially with the diameter of the pipeline. An
incident on any large-diameter, high-pressure natural gas pipeline can
have potentially catastrophic consequences, regardless of whether it is
defined as a transmission or gathering line, and even in sparsely
populated Class 1 locations. For example, one of the deadliest gas
transmission pipeline incidents in U.S. history occurred in a Class 1
location when a 30-inch transmission line operated at 675 psig ruptured
near Carlsbad, New Mexico, on August 19, 2000.\48\ In that incident,
internal
[[Page 63272]]
corrosion led to an explosion that killed 12 individuals who had been
camping 675 feet from the rupture site. Following this incident, PHMSA
added Sec. 192.476 requiring operators to incorporate measures to
mitigate internal corrosion threats in the design and construction of
new transmission lines--however, that requirement does not affect
gathering lines that may have a similar risk profile. In another
incident on December 11, 2012, a 20-inch transmission line with a MAOP
of 1000 psig ruptured in Sissonville, West Virginia, due to corrosion
caused when the protective pipe coating was damaged by rocky backfill
during installation. While there were no serious injuries in that
incident, three houses and several hundred feet of road surface were
destroyed, and Interstate 77 was shut down for 19 hours.\49\ The fire
melted a portion of the interstate highway, prompting one local
official to describe the highway as looking ``like lava, just
boiling.'' \50\
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\48\ National Transportation Safety Board (NTSB), NTSB/PAR-03/
01, ``Pipeline Incident Report: Natural Gas Pipeline Rupture and
Fire Near Carlsbad, New Mexico'' (Feb. 2003), https://www.ntsb.gov/investigations/AccidentReports/Reports/PAR0301.pdf.
\49\ NTSB, NTSB/PAR-14/01, ``Accident Report: Columbia Gas
Transmission Corporation Pipeline Rupture Sissonville, West
Virginia'' (Feb. 2014), https://www.ntsb.gov/investigations/AccidentReports/Reports/PAR1401.pdf.
\50\ Brinks, Travis, ``Remembering the Sissonville Pipeline
Explosion.'' WV Metro News. Dec. 11, 2023, https://wvmetronews.com/2013/12/11/remembering-the-sissonville-pipeline-explosion/ (accessed
June 15, 2021).
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Although PHMSA has not historically collected incident reports for
gas gathering lines in Class 1 locations, such gathering lines are
subject to incidents of similar magnitude and consequence as gas
transmission pipelines with comparable physical and operating
characteristics. For example, on November 14, 2008, a 20-inch gas
gathering line exploded in Grady County, Oklahoma, which injured two
people, destroyed three homes, and shut down a nearby highway.\51\ On
June 8, 2010, a bulldozer struck a 14-inch gas gathering line in
Darrouzett, Texas, causing an explosion that killed two workers and
injured three others, including one worker who was critically injured
and required medical evacuation by helicopter.\52\ On June 29, 2010,
three men working on a 24-inch gas gathering line in Grady County,
Oklahoma, were injured when it exploded; one worker was airlifted to a
nearby hospital with burns covering half of his body.\53\ On August 1,
2018, a six-inch gas gathering line failed in Midland, Texas, which
caused a nearby 12-inch transmission line to also explode, killing one
worker and injuring seven others.\54\ A few days later, on August 9,
2018, corrosion on a 10-inch gas gathering line resulted in another
explosion in Midland, killing a three-year-old girl and badly burning
three others. Fatal incidents on smaller lines such as the first
Midland, Texas, incident described above and an explosion caused by an
improperly abandoned 2-inch production line connected to a gas well in
Firestone, Colorado,\55\ underscore the need to collect information on
the risks posed by smaller diameter lines. Even non-fatal incidents can
result in significant damage to infrastructure and property, lead to
evacuations, disrupt gas service, or otherwise harm the public,
property, or the environment.
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\51\ Griswold, Jennifer and Sargent, Brian. ``Natural Gas
Pipeline Explosion Destroys Homes Near Alex.'' The Oklahoman, Nov.
14, 2008, www.oklahoman.com/article/3321932/natural-gas-pipeline-explosion-destroys-homes-near-alex (accessed Feb. 12, 2021).
\52\ The Associated Press. ``Two Killed in Texas Panhandle Gas
Line Explosion.'' Arkansas Democrat Gazette, June 8, 2010,
www.arkansasonline.com/news/2010/jun/08/2-killed-texas-panhandle-gas-line-explosion/ (accessed Feb. 12, 2021).
\53\ Pittman, Jerry. ``Pipeline Explosion West of Pocasset
Injures Three, One Seriously.'' The Oklahoman, June 29, 2010,
www.oklahoman.com/article/3472182/pipeline-explosion-west-of-pocasset-injures-three-one-seriously, (accessed Feb. 12, 2021).
\54\ Lee, Mike, and Soraghan, Mike. ``Deadly Pipelines, No
Rules.'' E&E News, Mar. 4, 2019, www.eenews.net/special_reports/EEnews_highlights/stories/1060123021, (accessed Feb. 12, 2021).
\55\ NTSB, NTSB/PAB-19/02, ``Pipeline Accident Brief Natural Gas
Explosion at Family Residence Firestone, Colorado'' (Oct. 2019),
https://www.ntsb.gov/investigations/AccidentReports/Reports/PAB1902.pdf.
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These hazards may be further exacerbated by the changing geography
of U.S. gas production, which was noted by the GAO in their March 2012
report, ``Collecting Data and Sharing Information on Federally
Unregulated Gathering Pipelines Could Help Enhance Safety.'' Incidents
involving new gas production fields may overwhelm the capabilities of
local first responders in rural areas who may lack experience and the
resources to respond adequately to serious incidents associated with
intensive gas production and processing operations, including high-
pressure pipelines.
Regulatory Gaps
PHMSA estimates that there are over 400,000 miles of unregulated
onshore gathering lines. For comparison, operators reported 320,000
miles of gas transmission lines in 2019. As demonstrated above, even
though some gathering lines share the same physical, functional, and
operational characteristics and potential adverse consequences from an
incident as transmission lines, they are exempt from reporting
requirements in part 191 and minimum safety standards in part 192.
The final rule closes this gap by requiring all gas gathering
facilities to submit incident reports and annual reports under part
191. In addition, the final rule adopts minimum safety standards for
larger gas gathering lines that operate at higher pressures to help to
ensure that operators address the critical risks that these previously
unregulated facilities pose to pipeline integrity and public safety
such as corrosion, excavation damage, and inadequate emergency response
planning.
B. Advance Notice of Proposed Rulemaking
On August 25, 2011, PHMSA published an ANPRM, soliciting public
comments regarding the revision of the Pipeline Safety Regulations
applicable to the safety of both gas gathering and gas transmission
pipelines.\56\ PHMSA requested comments regarding 15 topic areas
covering gathering and transmission lines.
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\56\ Pipeline Safety: Safety of Gas Transmission Pipelines, 76
FR 53086.
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The specific issues related to gas gathering included whether
regulatory exemptions for filing incident, annual, and safety-related
condition reports should be repealed. In addition, PHMSA requested
comment on a proposal to repeal the incorporation by reference of API
RP 80 into the Pipeline Safety Regulations and replace it with a new
definition of gathering lines in part 192 for determining the beginning
and end points of gas gathering lines. Adoption of a new definition
would address defining endpoints for non-jurisdictional gas production
operations and setting limits for the ``incidental gathering'' concept
in API RP 80. PHMSA also requested comment on expanding the definition
of the term ``regulated onshore gas gathering pipelines'' to include a
new category of high-pressure, large diameter gathering lines in Class
1 Locations.
PHMSA received 103 comments to the ANPRM. Based on these comments,
PHMSA developed proposals for some of those topics in an NPRM published
on April 8, 2016 (NPRM), which is the basis for this final rule.
C. Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
Section 21 of the 2011 Pipeline Safety Act mandated that DOT review
its existing regulations for gas gathering lines and report to Congress
on the sufficiency of existing Federal and State laws to ensure the
safety of gas
[[Page 63273]]
gathering lines; the economic impacts, the technical practicability,
and challenges of applying existing Federal regulations to unregulated
gathering lines; and the need to modify or revoke existing exemptions
from Federal regulation for gathering lines, subject to a risk-based
assessment. PHMSA sent the required report to Congress on May 8,
2015.\57\ The report identified issues with the difficulty of
designated gathering lines in complex systems due to missing,
ambiguous, or circular definitions of terms used to determine the start
and end points of gathering lines, and used to describe state-level
regulation of gathering lines. The report also observed that, with few
exceptions, State regulators had not imposed design, construction,
operation, and maintenance requirements for gathering lines beyond
existing Federal requirements for Type A and Type B regulated gathering
lines. The report also notes that most of the States which had
established requirements for gathering lines other than Federally
regulated Type A and Type B gathering lines had not adopted
prescriptive safety standards or performance standards with well-
defined authorized acceptance criteria. The report informs this
rulemaking.
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\57\ PHMSA, Report to Congress: Natural Gas and Hazardous Liquid
Gathering Lines (May 2015), https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/report_to_congress_on_gathering_lines_0.pdf.
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D. Government Accountability Office (GAO) Recommendations
The GAO issued GAO-12-388 in March 2012, which recommended PHMSA
collect data on Federally unregulated hazardous liquid and gas
gathering lines comparable to the data collected from operators of
regulated gathering lines. The GAO suggested that the purpose of such
data collection would be to assess the safety risks posed by
unregulated gathering lines. GAO also noted that States and operators
could use this information to share effective safety practices and
lessons learned. In August 2014, the GAO issued a report, GAO-14-667,
which further recommended that PHMSA initiate a rulemaking to address
gathering line safety that would focus on the risks presented by
larger-diameter, higher-pressure gathering lines, including a
requirement that such pipelines meet emergency planning
requirements.\58\
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\58\ On September 29, 2015, GAO prepared a statement, GAO-15-
843T (``Department of Transportation Needs to Complete Regulatory,
Data, and Guidance Efforts'') reiterating the need for PHMSA to
complete its regulatory efforts based on GAO's previous
recommendations.
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E. Notice of Proposed Rulemaking
On April 8, 2016, PHMSA published the NPRM, which proposed new
pipeline safety requirements and revisions of existing requirements in
16 major topic areas.
To manage the breadth of the topics raised in the NPRM, PHMSA
separated the topics into three final rules. The first of final rule
addressed the gas transmission mandates in the 2011 Pipeline Safety
Act; a final rule was published in this rulemaking on October 1,
2019.\59\ That final rule addresses comments received concerning the
scope of the proposed gas transmission requirements for existing Type A
and Type B regulated gathering lines. The second final rule is this
one, which addresses only the portions of the NPRM affecting the safety
of gas gathering lines, particularly reporting requirements for all gas
gathering lines and additional requirements for Type C regulated
gathering lines. The remaining gas transmission pipeline concerns are
being considered in a third final rule (under Regulatory Identification
Number 2137-AF39) that is under development.
---------------------------------------------------------------------------
\59\ Pipeline Safety: Safety of Gas Transmission Pipelines: MAOP
Reconfirmation, Expansion of Assessment Requirements, and Other
Related Amendments, 84 FR 52180.
---------------------------------------------------------------------------
With respect to the current rulemaking, the NPRM contained
proposals to:
(1) Extend part 191 requirements for incident reports, annual
reports, and safety-related condition reports to all gas gathering
lines;
(2) repeal the incorporation by reference of API RP 80 and revise
the regulatory definitions for determining if a pipeline is a gathering
line;
(3) expand the scope of regulated gathering lines to include a new
category of ``Type A, Area 2'' for gathering lines in Class 1 locations
with a diameter of 8 inches or greater and operating at high pressure;
and
(4) require newly regulated Type A, Area 2 gathering lines to
comply with the existing requirements in Sec. 192.9 for Type B
gathering lines, plus an additional requirement for establishing
emergency plans per Sec. 192.615.
Pursuant to 49 U.S.C. 60115(c), PHMSA shared the proposed standards
on gathering lines with the Gas Pipeline Advisory Committee (GPAC)
after initially considering the comments to the NPRM.\60\ The GPAC met
on June 25-26, 2019, to consider the proposed standards regarding
gathering lines. Subsequently, PHMSA posted the meeting slides that
were used for the GPAC votes as well as the transcript, which
constitute the statutorily required report of the GPAC's
recommendations, including minority views.\61\
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\60\ The Technical Pipeline Safety Standards Committee, or GPAC,
is an advisory committee, created pursuant to 49 U.S.C. 60115, that
advises PHMSA on proposed safety standards, risk assessments, and
safety policies for natural gas pipelines. The GPAC was established
under the Federal Advisory Committee Act (Pub. L. 92-463) and
section 60115 of the Federal Pipeline Safety Law (49 U.S.C. 60101 et
seq.). The GPAC consists of 15 members, with membership divided
among Federal and State agencies, the regulated industry, and the
public. The GPAC considers the ``technical feasibility,
reasonableness, cost-effectiveness, and practicability'' of each
proposed pipeline safety standard and provide PHMSA with recommended
actions pertaining to those proposals.
\61\ https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=143.
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A summary of the four pertinent NPRM proposals, comments received
on these proposals, the GPAC recommendations, and PHMSA's responses to
the comments are provided in section III below.
F. Protecting Our Infrastructure of Pipelines and Enhancing Safety Act
of 2020
The 2020 PIPES Act was enacted on December 28, 2020. Section 112(a)
directed PHMSA to issue a final rule in this rulemaking by the March
27, 2021.
III. Summary of the NPRM Comments, and GPAC Recommendations, and PHMSA
Responses
The comment period for the NPRM ended on July 7, 2016, after being
extended for one month. PHMSA received over 400 comments from groups
representing the regulated pipeline industry; groups representing
public interests, including environmental organizations; State utility
commissions and regulators; members of Congress; individual pipeline
operators; and private citizens. PHMSA received several comments after
the July 7, 2016 deadline. Consistent with Sec. Sec. 5.13(i)(5) and
190.323, PHMSA considered those late-filed comments considering
commenters' interest in the rulemaking and the absence of additional
expense or delay resulting from their consideration.
Pursuant to 49 U.S.C. 60115(e), the GPAC met on June 25 and 26,
2019 to consider the topics related to the safety of gas gathering
lines in the NPRM. The GPAC came to consensus decisions and voted on
recommended changes to the NPRM elements that would make those
regulatory amendments more technically feasible, reasonable, cost-
effective, and practicable. These recommendations are documented in
[[Page 63274]]
the transcript of the meeting and summarized in the vote slides.\62\
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\62\ See https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=143.
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A. Reporting Requirements--Sec. Sec. 191.1, 191.15, 191.17, 191.23,
and 191.29
1. Summary of PHMSA's Proposal
Existing Sec. 191.1(b)(4)(ii) exempts all onshore gas gathering
lines other than regulated gathering lines (as specified in accordance
with Sec. 192.8) from all reporting requirements of part 191.
The NPRM proposed to repeal the exemption in Sec. 191.1(b)(4) for
gas gathering lines that are not regulated under Sec. 192.8. However,
the NPRM would continue to exempt previously unregulated gathering
lines from Operator Identification Number (OPID) validation
requirements in Sec. 191.22(b) and National Pipeline Mapping System
(NPMS) requirements in Sec. 191.29. Therefore, all gas gathering
lines, including previously unregulated gathering lines, would be
required to comply with annual and incident reporting requirements in
Sec. Sec. 191.15, 191.17, and 191.25. This proposal was intended to
provide new information on the extent, configuration, and safety
performance of previously unregulated gas gathering lines.
The proposed rule would have required submission of OPID requests,
incident reports, and safety-related condition requests beginning on
the effective date of a final rule. Annual reports would have been due
on March 15 of the calendar year after the effective date of a final
rule.
2. Summary of Public Comments
Several citizen and public safety, and environmental groups,
including the Pipeline Safety Trust (PST), the Wisconsin Safe Energy
Alliance, NAPSR, the Coalition to Reroute Nexus, Earthworks, and the
Environmental Defense Fund (EDF), supported the proposed provisions to
remove the exemption for filing reports by operators of unregulated gas
gathering lines. NAPSR agreed that extending reporting requirements to
``unregulated'' gathering lines would help determine if current
operation and maintenance practices pose a risk to public safety and if
additional requirements are required but suggested that PHMSA consider
limiting certain requirements that could pose an unnecessary burden,
such as detailed leak reporting information in part M of the gas
transmission and gas gathering annual report form (DOT Form PHMSA F
7100.2-1). Some public commenters emphasized that available data on
unregulated facilities could be inaccurate or outdated, particularly in
areas where gas development has grown rapidly. Some of these groups
also encouraged PHMSA to require gas gathering operators to submit
geospatial pipeline location data for the NPMS, citing the usefulness
of NPMS data for determining the need for future regulation.
Trade associations and pipeline industry entities provided a
variety of responses to the proposed reporting requirements, ranging
from full support, including for NPMS reporting, to total opposition to
all proposed reporting requirements. The Independent Petroleum
Association of America (IPAA) and other commenters representing oil and
gas producers opposed changes to the scope of part 191 and commented
that PHMSA has no statutory authority to apply reporting requirements
to production lines and gathering lines that are not regulated
gathering lines determined pursuant to Sec. 192.8.
Several trade association and pipeline industry commenters
including API, GPA Midstream (formerly the Gas Processors Association)
and IPAA, expressed concern that the proposed reporting requirements
could have significant cost impacts for operators that were not
commensurate with the risk posed by the majority of those lines.
Industry commenters also commented that it is not feasible to collect
the information necessary to complete the proposed annual report by the
reporting deadline of March 15 as required by Sec. 191.17 on top of
the efforts necessary to identify Type A, Area 2 (or Type C) regulated
gas gathering lines within six months of the effective date the rule
(see section III.C. below).
Industry commenters were especially concerned about reporting
requirements for pipeline attributes that were related to requirements
that did not apply to unregulated gas gathering lines. For example,
GPA, API, and other industry commenters argued that the reporting of
safety-related conditions (Sec. 191.23), including MAOP exceedances,
would require information on MAOP, corrosion monitoring, and SMYS that
were not otherwise required for previously unregulated gathering lines.
The current forms for submitting gas transmission and gathering
incident reports (F 7100.2) and annual reports (F 7100.2-1) also refer
to regulations or records not required for unregulated gas gathering
operators. These commenters recommended that PHMSA create separate
incident and annual report forms for gathering lines that would collect
information relevant to gas gathering lines that are not subject to
part 192 and eliminate the proposed requirement to report safety-
related conditions.
GPA Midstream commented that they supported PHMSA's goal of
collecting necessary information on gas gathering lines, but that an
abbreviated annual report form was necessary to avoid unnecessary
costs. GPA Midstream further commented that unregulated gas gathering
lines should be excepted from the OPID validation and change
notification requirements in Sec. 191.22(b) and (c).
3. GPAC Recommendations
Following discussion in the June 2019 meetings, the GPAC voted 12-0
that the proposed requirement that operators of newly regulated gas
gathering lines file annual and incident reports pursuant to part 191
was technically feasible, reasonable, cost-effective, and practicable,
if the following changes are made:
Add specificity to location (e.g., latitude and longitude
coordinates) and cause information to the incident report form;
Make sure all appropriate current annual report data
elements are incorporated in the annual report form for currently
unregulated gathering lines, including decade of installation;
Address the possibility of unknown data;
Implement a phase-in period of at least 24 months for
unregulated gathering annual reports; and
Consider additional comments from members submitted to the
meeting docket (PHMSA-2016-0136), specifically, position papers from
API/GPA Midstream and PST submitted in response to the GPAC meeting
notice, and comments submitted after the GPAC meeting by each of GPA
Midstream and the United Association of Journeymen and Apprentices of
the Plumbing and Pipe Fitting Industry of the United States and Canada,
AFL-CIO.
The GPAC agreed that the proposed reporting requirements were
needed to support future oversight, but recommended changes on the
details of implementation. PHMSA explained that it intended to create a
new annual report form for gas gathering lines that are not subject to
safety requirements in part 192 (reporting regulated gathering lines)
separate from the existing DOT Form PHMSA 7100.2-1 required for
operators of gas transmission and regulated gas gathering lines. This
form would exclude information that is not relevant or applicable to
operators of pipeline systems that are not required to comply with part
192.
[[Page 63275]]
The GPAC recommended extending the compliance deadline for annual
reports to 24 months after publication in the Federal Register to grant
additional time for operators to identify newly regulated gathering
lines and collect the necessary information. However, the GPAC agreed
that incident reports should begin to be filed on the effective date of
the rule since the data required to submit an incident report should be
readily obtainable when an incident occurs.
4. PHMSA Response
PHMSA disagrees with comments that it lacks the statutory authority
to require reports from operators of gathering lines other than
currently regulated gathering lines as determined under Sec. 192.8.
Section 60117(b) of Federal Pipeline Safety Law specifically authorizes
the Secretary to ``require owners and operators of gathering lines to
provide the Secretary information pertinent to the Secretary's ability
to make a determination as to whether and to what extent to regulate
gathering lines.'' Congress made no distinction between ``gathering
lines'' and ``regulated gathering lines'' for reporting purposes. This
information-gathering process is precisely what the NPRM proposed--to
gather information on all gathering lines that would enable PHMSA to
make informed judgments about the need for, and scope, of potential
regulation. Congress intended that the Secretary have the authority to
request information from operators of unregulated gathering lines in
order to help determine ``what additional gathering lines should be
regulated.'' \63\ PHMSA seeks to obtain information regarding current
risks to people, property, and the environment due to unregulated rural
gathering lines to determine whether rural gathering lines are
presenting unacceptable risk that would warrant additional regulations.
The information contained in annual and incident reports submitted by
operators under part 191 would reasonably help achieve this objective.
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\63\ S. Rep. 104-334, section 12 (104th Cong., 2nd Sess. 1996).
---------------------------------------------------------------------------
In addition to the plain meaning of section 60117, Congress has
articulated its intent for DOT to obtain information about the risks of
rural gathering lines. In 1992, when Congress granted DOT authority to
define gathering lines and regulated gathering lines for purposes of
safety regulations, it recognized that some rural gathering lines might
present unacceptable risks and authorized DOT to regulate lines whose
risk warranted regulation. In its report on H.R. 1489, a bill leading
to the Pipeline Safety Act of 1992, the House Committee on Energy and
Commerce instructed DOT to ``find out whether any gathering lines
present a risk to people or the environment, and if so, how large a
risk and what measures should be taken to mitigate the risk.'' \64\ The
Committee reasoned that ``DOT had been attempting to define gathering
lines for years. Anecdotal evidence indicates that there may be
pipelines that are called gathering lines but that may really be
transmission lines, and that there may be gathering lines that because
of size or other physical characteristics should be regulated.'' \65\
Although Congress did not require DOT to regulate gathering lines, it
expected DOT to obtain the necessary information to determine whether
risks exist to warrant regulation, as further evidenced by the House
report: ``DOT is given a great deal of discretion to implement this
section based on the information it receives as it proceeds. If DOT
finds that none of these lines poses a hazard to people, property, or
the environment, none of them will be regulated.'' \66\
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\64\ H.R. Report No. 102-247(1), at 2653 (102nd Cong., 1st Sess.
(1991)).
\65\ Id.
\66\ Id. Additionally, 49 U.S.C. 60101(b)(2)(A) specifically
requires the Secretary, when defining ``regulated gathering line,''
to consider factors as location, length of line from the well site,
operating pressure, throughput, and the composition of the
transported gas to determine which lines are functionally gathering
and should be regulated because of their physical characteristics.
It reasonably follows, as evident in the Congressional record, that
Congress intended that Secretary could obtain such information from
operators in order to consider such factors.
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The final rule fulfills the Congressional mandate by requiring
operators of all onshore gas gathering lines to file incident and
annual reports under part 191. This includes pipelines that are not
currently designated as Type A or Type B regulated gathering lines nor
newly designated as Type C gathering lines as a result of the final
rule. For clarity, this final rule designates these reporting-regulated
lines as ``Type R'' gathering lines that are subject to reporting under
part 191 but are not designated as regulated gathering lines in part
192. These requirements are necessary to evaluate the safety risks on
gas gathering systems and determine what, if any, additional measures
may be warranted to reduce those risks. As demonstrated above, it is no
longer reasonable to assume rural gas gathering lines pose uniformly
low risk. Information on the changing functional and operational
characteristics of gas gathering lines and their safety performance is
necessary for PHMSA to better understand the consequences of these
changes and to set requirements for gathering lines in the future.
Extension of incident and annual reporting to these additional gas
gathering lines will provide PHMSA information needed for identifying--
and promulgating regulatory requirements or pursuing enforcement
activity--design, manufacture, installation, and operational/
maintenance issues common to particular pipeline characteristics or
operators.
Congress also understood that the community around gathering lines
can change and authorized DOT to consider these changes when regulating
gathering lines. In its report that accompanied Senate Bill 1166, the
bill that became the Natural Gas Pipeline Safety Act of 1968, the
Committee on Interstate and Foreign Commerce recognized that the
population in an area can change, and that the statute authorized DOT
to define from time to time what is a non-rural area.\67\ The Committee
emphasized that a ``populated area'' means not only an area with a
large number of people but also areas where pipeline rights-of-way are
near houses, schools, and places of employment.\68\
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\67\ H.R. Rep. 90-1390, at 3234 (90th Cong., 2nd Sess. 1968).
\68\ See id.
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However, PHMSA recognizes that some reporting requirements
applicable to gas transmission and regulated gathering lines may not be
necessary for gas gathering lines that are not currently subject to
part 192. In particular, PHMSA is not requiring operators who are not
required to establish an MAOP under part 192 to comply with
requirements to report MAOP exceedances and other safety-related
condition reports. In addition, in consideration of the comments, PHMSA
is withdrawing the proposed requirement for gas gathering line
operators that are not subject to part 192 to file safety-related
condition reports required by Sec. 191.23. Similarly, the final rule
exempts gas gathering lines that are not subject to part 192 from the
OPID validation and construction notification requirements in Sec.
191.22(b) and (c) because such pipelines are not subject to the
construction requirements in part 192.
While all gathering lines are now required to submit incident and
annual reports, PHMSA is ensuring that the required data is applicable
and relevant to operators of Type R gathering lines that are not
subject to part 192. In consideration of comments on the NPRM and in
the GPAC recommendations, PHMSA has
[[Page 63276]]
developed a new annual report form and a new incident report form for
operators of gas gathering lines that are not subject to part 192 with
more limited information that is appropriate for such facilities. For
example, with regard to annual reports, PHMSA has developed an
abbreviated annual report form incorporating information specifically
relevant to gas gathering lines that are not currently regulated under
part 192, including the decade of installation, if known. New forms and
instructions are available in the public docket and will be made
available on PHMSA's website at https://www.phmsa.dot.gov/forms/operator-reports-submitted-phmsa-forms-and-instructions.
The new annual report and incident report forms for Type R
gathering lines address the GPAC's recommendations, including:
Requiring incident location information that is equivalent
to what is required for regulated gas gathering lines;
Annual report fields appropriate for identifying and
evaluating public safety and environmental risks that may be associated
with unregulated gas gathering lines, including:
[cir] Miles by decade of installation,
[cir] Miles by pipeline diameter,
[cir] Miles by pipe material and corrosion protection status, and
[cir] Number of leaks repaired or scheduled for repair.
On the Type R annual report form, allow reporting of an
unknown decade of installation.
On the Type R incident report form, allow reporting of an
unknown date of installation and certain fields related to pipeline
material properties and damage prevention investigations.
In the final rule, operators of previously unregulated gas
gathering lines must begin submitting annual reports beginning with the
first annual report cycle occurring after the endpoints of Type C or
Type R gathering lines have been determined one year after the
publication date of the final rule. As a result, operators of Type R
and Type C gathering lines must submit a 2022 annual report no later
than March 15, 2023. March 15 is the existing deadline for submitting
annual reports for other gas pipeline facilities, consistent reporting
deadlines reduces confusion and administrative burdens on PHMSA and
operators with both Type R and regulated gas pipeline facilities. This
compliance deadline represents a phase-in period well in excess of a
year as measured from the publication date of the final rule.
This compliance deadline is approximately 6 months shorter than
recommended by the GPAC. However, PHMSA believes that prompt submission
of such reports is necessary for PHMSA's timely evaluation of whether
additional regulatory efforts are needed to manage the safety and
environmental risks associated with Types C and R gathering lines.
PHMSA's limited information on these lines inhibits the robust
understanding of their environmental and public safety risks needed to
determine whether additional requirements are also warranted. The
longer the delay in obtaining that information, the longer before PHMSA
can diagnose and respond to a need for additional public safety and
environmental protections from previously-unregulated gas gathering
lines. PHMSA therefore does not believe an [18 month] compliance
timeline would be overly burdensome on affected operators when
evaluated against those potential safety benefits. The simplified form
for Type R lines includes provisions for ``unknown'' fields to minimize
burdens on gathering line operators to complete. While the Type C form
is more extensive, such lines are also more likely to be more modern
shale gas systems installed within the last 10-15 years. PHMSA expects
the use of electronic recordkeeping and geospatial information systems
is more widespread among such operators compared with traditional
gathering systems and therefore expects that completing Type C annual
reports will not be overly burdensome on affected entities. Finally,
PHMSA notes that the compliance timeline is consistent with the
approach taken in historical expansions of pipeline reporting
requirements. For example, in the final rule titled, ``Pipeline Safety:
Safety of Hazardous Liquid Pipelines,'' \69\ PHMSA required affected
operators to submit annual reports the first year after the effective
date.
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\69\ 84 FR 52260 (Oct. 1, 2019).
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For similar reasons, the final rule does not include provisions for
operators to request a delayed compliance deadline for the annual
report requirement similar to those included in Sec. Sec. 192.8 and
192.9. Additionally, most of the records necessary to prepare an annual
report are also necessary in order to define the endpoints of regulated
gas gathering. Operators should therefore begin collecting the
necessary information immediately in order to ensure they are able to
submit a complete annual report on or before the deadline in the final
rule.
B. Gathering Line Definitions--Sec. Sec. 192.3 and 192.8
1. Summary of PHMSA's Proposal
PHMSA proposed to revise 49 CFR part 192 to clarify the definition
of gathering lines in order to address confusion regarding how the
endpoints of gathering and production are currently determined. The
existing definition of gathering lines relies on language in API RP 80.
In practice, however, operators and inspectors have had difficulty
consistently applying the definitions that are used to define the start
and endpoints of gathering in API RP 80 given the complexities in the
configuration of gathering line systems in midstream operations. In
addition, Federal and State enforcement of the current requirements has
been hampered by the use of API RP 80, a complex standard that can
produce multiple classifications for the same pipeline system.
Specifically, API RP 80 defines certain processes and equipment that
may constitute a ``production operation'' but does not include defined
endpoints of the production function in section 2.3 like it does for
gathering in section 2.2.
This issue was raised in comments by NAPSR and others, who
suggested simplifying the definition of a gas gathering line and
setting clear, restrictive limits on where non-jurisdictional
production operation ends and gas gathering begins. NAPSR commented in
response to the ANPRM that State regulators had ``many difficulties in
applying the definitions contained in API RP 80'' and recommended a
simpler definition for the term gathering line. NAPSR recommended
defining the end of production at the wellhead or first metering point
downstream of the well. As described in the regulatory history section,
PHMSA also had concerns with how the ``incidental gathering'' concept
has been used to classify pipelines that perform gas transmission
functions as gathering lines subject to less stringent requirements
intended for small, low-pressure, traditional gathering lines.
In lieu of relying on API RP 80's definition of gathering line, the
NPRM proposed new stand-alone definitions for ``onshore production
facility/operation'', ``gas processing plant,'' ``gas treatment
facility'', and ``gathering line (onshore)'' to determine the beginning
and endpoints of each gathering line. The proposed definitions were
found in Sec. 192.3 of the NPRM and the application of those
definitions was included in Sec. 192.8. PHMSA proposed to define the
end of onshore production operations as the furthermost downstream
point
[[Page 63277]]
where measurement for the purposes of calculating minerals severance
occurs or there is a comingling of the flow stream from two or more
wells.
The NPRM also would have required operators to request approval
from the Associate Administrator of Pipeline Safety in order to extend
gathering beyond the furthermost upstream gas processing plant.
Finally, in order to address PHMSA's concerns with the lack of definite
limits on the application of incidental gathering, PHMSA proposed
limiting the distance that a gathering line could continue beyond a
defined endpoint of gathering to 1 mile, provided that it does not
cross a highway or railroad right of way.
2. Summary of Public Comments
NAPSR, the Pennsylvania Public Utility Commission (PAPUC), PST,
EDF, and a member of the public all expressed support for elimination
of API RP 80, citing the confusion that exists in the present document
for defining the endpoints of gas production and processing facilities
and gas gathering lines. Some of these commenters had concerns or
suggested clarifications about specific issues. For example, NAPSR and
other State pipeline safety officials suggested PHMSA clarify that
authority to approve extending gathering beyond the first downstream
natural gas processing plant (Sec. 192.8(a)(2)) or to use the point of
comingling on fields greater than 50 miles apart (Sec. 192.8(a)(3))
resides with State pipeline safety agencies in addition to the PHMSA
Associate Administrator for Pipeline Safety. The PAPUC commented that
PHMSA should remove the point of gas comingling (the location where gas
from two or more production sites join for further transportation
downstream) from the proposed definition of an onshore production
operation due to concerns that operators could use that concept to
classify relatively large pipelines that are performing a gathering
function as non-jurisdictional production lines.
API, The American Gas Association (AGA), IPAA, GPA Midstream, the
Marcellus Shale Coalition, the Oklahoma Oil and Gas Association
(OKOGA), the Domestic Energy Producers Alliance, and several individual
pipeline operators commented that API RP 80 adequately delineated
production and gathering lines on a functional basis and should not be
eliminated from part 192. Most signaled that they would be open to
collaboration to improve some definitional issues, especially via
changes to API RP 80 through the collaborative API standards-revision
process. To this end, API suggested initiating a revision of API RP 80
instead of using the proposed wording in the NPRM. Other industry
groups and operators, such as the Virginia Oil and Gas Association and
the Plastic Pipe Institute, opposed any modification to the current
definitions and usage of API RP 80; these commenters contended that
changing the start point of gathering would violate PHMSA's statutory
limitation on regulating production lines, that State agencies
adequately regulate intrastate production and gathering lines, or that
PHMSA had not provided sufficient safety evidence to support changes to
the definition of gathering.
Industry commenters also raised a number of specific concerns
regarding the replacement definitions proposed by PHMSA. The most
substantive comments concerned potentially ambiguous language in
PHMSA's proposed definitions for ``onshore production facility or
onshore production operation'' and ``gathering line (onshore).'' API
opposed the proposed definitions but suggested edits that it claimed
would provide more specificity to the types of processes that could be
considered production functions. API also suggested clarifications on
how points of comingling are treated in the definitions of the
endpoints of gathering and production and make other changes. Other
commenters requested clarification that the proposed definitions of gas
processing plants and gas treatment plants did not apply to facilities
on gas transmission or distribution lines. Many industry commenters
requested a standalone definition of ``farm taps'' to clarify the
regulatory requirements applicable to service lines connected to
production, gathering, and transmission lines.
Many commenters opposed PHMSA's proposal to limit the use of the
``incidental gathering'' designation to one mile from the furthermost
downstream point of gathering. API proposed a standalone definition of
``incidental gathering'' consistent with the current definition in API
RP 80 and suggested that if PHMSA is concerned about particular lines
abusing the definition of incidental gathering, then it should
designate such incidental gathering lines as regulated gathering lines
rather than generally restrict the use of the incidental gathering
designation in API RP 80. It further suggested that the proposed Type
A, Area 2 (now Type C) requirements could address safety concerns with
large-diameter, high-pressure incidental gathering lines. API further
commented that requiring operators to redesignate previously
unregulated incidental gathering lines as transmission lines would
result in significant costs, especially if the proposed gas
transmission requirements in the NPRM applied to them. GPA Midstream
commented that the ``proposed limitation of one mile is too
restrictive,'' and that reclassifying existing gathering lines as
transmission lines would result in substantial compliance costs that
need to be addressed in the RIA. However, GPA Midstream and the OKOGA
suggested that a 10-mile limit was a reasonable compromise that would
establishes a definite limit on incidental gathering but with enough
flexibility to accommodate different system configurations.
Industry commenters also contended that the implementation
timeframe for identifying and reclassifying pipelines as regulated
gathering lines (6 months) was too short.
3. GPAC Recommendation
The GPAC voted 11-0, with one abstention, that the proposed rule
was technically feasible, reasonable, cost-effective, and practicable,
if the proposed new and revised definitions related to gas gathering in
Sec. 192.3 and the proposed changes to Sec. 192.8(a) for determining
beginning and endpoints of gathering were withdrawn. PHMSA noted during
the meeting that it will monitor the outcome of the working group
preparing a second edition of API RP 80 and a new document, API RP
1182, ``Safety Provisions for Large Diameter Rural Gas Gathering
Lines,'' and consider whether those efforts merit potential changes to
the definition of gas gathering lines in a future rulemaking. Although
the GPAC discussion acknowledged PHMSA's concerns regarding the
``incidental gathering'' concept in API RP 80, the GPAC did not discuss
or recommend any particular mileage limitation on that concept.
Likewise, the GPAC did not make any specific recommendations regarding
the terms ``onshore production facility/operation'', ``gas processing
plant'', ``gas treatment facility'', or ``gathering line (onshore)''.
4. PHMSA Response
PHMSA agrees with the majority of commenters and the GPAC that
definitions of ``gas processing plant,'' ``gas treatment facility,''
and ``gathering line (onshore)'' should be omitted from the final rule.
After the NPRM was published, API established two committees (API RP
1182 and API RP 80) to consider revisions to API RP 80 to address the
same ambiguities in those
[[Page 63278]]
definitions that the NPRM was intended to address. Both documents have
since published. The final rule does not repeal the use of the existing
definition of gathering line based on API RP 80 (1st edition, 2000) and
Sec. 192.8. PHMSA will consider updating the definitions associated
with defining gathering and production lines in a separate rulemaking
after evaluating the second edition of API RP 80, Definition of Onshore
Gas Gathering Lines and new API RP 1182, Safety Provisions for Large
Diameter Rural Gas Gathering Lines. PHMSA declines to adopt in this
rulemaking API RP 1182 or the 2nd edition of API RP 80 in their
entirety without providing the public an opportunity to review and
comment upon those standards. A few aspects of API RP 1182 have been
adapted in the final rule, these are described in section III.C. of the
preamble of this final rule.
However, due to safety and enforcement concerns, the final rule
defines limits to ``incidental gathering'' on new, replaced, relocated,
or otherwise changed gathering lines. The final rule changes the NPRM's
proposed one-mile endpoint for the designation ``incidental
gathering,'' but does impose a clear and defined limitation of ten
miles on ``incidental gathering'' for any such pipelines constructed
after the effective date of this rulemaking. Therefore, for gathering
lines installed after the effective date of the rule, the ``connection
to another pipeline'' endpoint in section 2.2(a)(1)(E) of API RP 80 may
not be used if the connection is ten or more miles from the endpoints
of gathering defined in paragraphs (a)(1)(A) through (a)(1)(D). In
other words, if an ``incidental gathering'' portion of a newly
constructed pipeline would be ten or more miles in length, then the
incidental gathering concept may not be used and the gathering line
terminates at the furthermost downstream endpoint defined in API RP 80
sections 2.2(a)(1)(A) through (a)(1)(d), subject to the limitations in
Sec. 192.8. While PHMSA appreciates the contribution of the API RP 80
committee on these definitional issues, ``incidental gathering''
concept is a significant source of uncertainty and concern that
requires an immediate regulatory remedy to protect public safety. This
limitation in the final rule immediately improves regulatory certainty
regarding each of the endpoints of gathering and prevents potential
abuse of the incidental gathering concept pending PHMSA's consideration
of the second edition of API RP 80 and operational experience gained
from implementation of the definitional changes in this final rule.
The purpose of API RP 80 was to define clear endpoints to the
gathering and production lines based on their function and purpose and
eliminate the circular definitions in part 192 at the time. While the
definitions for the end of gathering in section 2.2(a)(1)(A) through
(a)(1)(D) of API RP 80 are not perfect, they provide some definite
limits that are reasonably based on the function of the line in
question. However, the incidental gathering concept negates both goals
by allowing gathering to continue past what API itself defines as the
end of gathering functions to the ``connection to another pipeline.''
This reintroduces the circular definitions in the original definition
in Sec. 192.3 that adoption of API RP 80 was intended to clarify. API
RP 80 includes no limits to how far downstream the connection to
another pipeline can be. As a result, PHMSA has observed supposedly
incidental gathering lines that extend for several miles.
In addition to adding ambiguity to the regulations, unlimited
application of incidental gathering creates a regulatory gap where
long-distance pipelines that are functionally and operationally
indistinguishable from transmission lines are classified as gathering
lines with less stringent safety standards. By definition, an
incidental gathering line is downstream of the last gathering function
described in section 2.2 of API RP 80. Past that point the gas will not
undergo further gathering-related processing or comingling. Incidental
gathering can also include piping downstream of a major gas processing
plant or a compressor used to increase downstream pressure so that the
gas can be delivered to a transmission line (see section 2.2.1.2.4 of
API RP 80); if that is the case, then the incidental gathering line is
being operated at the same (high) pressure as the transmission line to
which it is directly connected. In other words, such lines have
functional and operational characteristics--including potential
consequences--consistent with gas transmission lines, not production or
gathering facilities. While some allowance to connect to nearby
transmission facilities could be appropriate on economic or
practicability grounds, this justification fades the further downstream
it is applied.
In order to reduce this regulatory gap for gathering lines that are
downstream of the last gathering function, the final rule limits
incidental gathering to no more than 10 miles from the furthermost
downstream endpoint of gathering for new, replaced, relocated, or
otherwise changed pipelines. Specifically, PHMSA no longer allows the
use of the ``connection to another pipeline'' endpoint in paragraph
2.2(a)(1)(E) of API RP 80 if it is 10 or more miles downstream of the
furthermost of the other endpoints defined in paragraphs 2.2(a)(1)(A)
through (a)(1)(D) of API RP 80. An ``incidental gathering'' pipeline
installed after the effective date of the rule that extends beyond 10
miles shall be considered a transmission line, starting from the non-
incidental endpoint of gathering defined in API RP 80. PHMSA currently
uses a similar distance-based limit in Sec. 192.8(a)(3) to set
reasonable parameters for using the point of comingling, an actual gas
gathering function, described in API RP 80 section 2.2(a)(1)(C) as an
endpoint to gathering. While existing gathering lines are not affected
by this change, such pipelines may be designated as Type C regulated
gas gathering and subject to safety requirements, depending on their
diameter, pressure, and operating environment (see sections III.C and
III.D below).
Applying these limits on incidental gathering solely to only new,
replaced, relocated, or otherwise changed gathering lines and revising
the limit from 1 mile to 10 miles addresses the concerns raised by
comments from operators while establishing a limit to incidental
gathering going forward. Applicability to only new and replaced
pipelines avoids disruption associated with reclassifying previously
unregulated existing gathering lines as transmission lines and reduces
the overall cost of the final rule for existing infrastructure. PHMSA
recognizes that comments from operators broadly opposed the proposed 1-
mile limit, and the GPAC did not recommend revisions to definition,
including incidental gathering. However, as an alternative, a 10-mile
limit was supported in public comments from GPA Midstream and OKOGA,
trade associations for gas gathering line operators, and represents a
reasonable first step towards establishing a firm endpoint to
gathering. PHMSA also notes that a 10-mile limit on the ``incidental
gathering'' concept would also be consistent with previous
interpretation letters issued by PHMSA.\70\ Extending the limit on
incidental gathering to 10 miles provides greater flexibility for
siting processing facilities and associated
[[Page 63279]]
pipelines compared with the 1-mile limit in the proposed rule,
addressing concerns raised in comments. PHMSA also notes that during
this rulemaking process, there was support among both gathering line
operators and public commenters to clarify the application of
incidental gathering lines and impose common-sense limitations on the
``incidental gathering'' concept. Finally, as noted in the summary of
comments, GPA Midstream and OKOGA submitted comments open to a 10-mile
limit to incidental gathering rather than 1 mile as proposed in the
NPRM.
---------------------------------------------------------------------------
\70\ See, e.g., PHMSA, Interpretation Letter No. PI-08-0010,
Letter to State of Colorado Public Utilities Commission (Feb. 20,
2009) (endorsing use of ``incidental gathering'' concept for an 8-
mile line), https://cms7.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2009/PI-09-0006.pdf.
---------------------------------------------------------------------------
Although the second edition of API RP 80 includes a 20-mile
limitation to incidental gathering, PHMSA does not believe that newly
constructed ``incidental gathering'' lines should be permitted to
extend that far from a gathering facility. As explained in the NPRM,
PHMSA has for more than a decade expressed concerns that the
``incidental gathering'' concept has been used to allow pipelines with
certain characteristics (operating pressures, capacity, etc.)--and,
consequently, risks to the public and the environment--resembling gas
transmission lines to avoid part 192 regulatory requirements governing
those lines. PHMSA does not, therefore, understand the 20-mile limit
contemplated by API RP 80 to be as effective in capturing the safety
and environmental benefits in comparison to what a more demanding
mileage limitation would realize.
Further, PHMSA's discussion with various stakeholders revealed that
there are very few incidental gathering lines that extend beyond 10
miles from the gathering facility; PHMSA is not aware of any, proposed
new pipeline construction projects that would be classified as
incidental gathering and extend 10 miles from the end of the gathering
facility. The 10-mile limitation on incidental gathering, therefore,
provides regulatory certainty to stakeholders, recognizes uncertainty
regarding the cost impacts that could arise if incidental gathering is
limited to 1 mile and on existing gas gathering lines, as proposed, and
ensures that the regulatory gap that currently exists with regard to
API RP 80's absence of a limitation on incidental gathering is closed
for all newly constructed lines. PHMSA acknowledges that a regulatory
gap remains for existing incidental gathering lines and new and
replaced incidental gathering lines 10 miles or shorter. However, both
new and existing incidental gathering lines with the highest potential
safety hazards are either covered by existing safety standards for Type
A and Type B regulated gas gathering lines in Class 2, Class 3, and
Class 4 locations, or the new safety standards for Type C regulated gas
gathering lines in Class 1 locations established by this final rule.
These requirements are described in sections III.C and III.D. of the
preamble to this final rule. PHMSA will reconsider the issue of
definitions, including the endpoint of production and treatment of
incidental gathering lines, in a separate rulemaking in order to ensure
stakeholders are able to comprehensively comment on newly proposed
definitions and the second edition of API RP 80. Infrastructure and
incident data collected as a result of this rulemaking, inspection
data, and the public comment process will help inform future limits to
incidental gathering.
C. Expanded Scope of Gas Gathering Line Regulations--Sec. 192.8
1. Summary of PHMSA's Proposal
In the NPRM, PHMSA proposed to create a new category of Type A
regulated gas gathering lines in Class 1 locations that had a nominal
diameter of 8 inches (actual outside diameter of 8.625 inches) or
greater. This new category of regulated gathering lines was identified
in the table of the proposed Sec. 192.8 as ``Type A, Area 2'' (in the
final rule it is referred to as Type C), lines. PHMSA proposed to
define Type A, Area 2 regulated gathering lines as gathering lines
located in Class 1 locations that meet the existing Type A features in
the table in Sec. 192.9(b) (i.e., metallic with an MAOP that produces
a hoop stress of 20 percent or more of SMYS, or non-metallic with an
MAOP greater than 125 psig) that have a nominal pipe size of 8 inches
or greater.
This change was intended to improve the safety of larger-diameter,
higher-stress gathering lines that were previously exempt from Federal
safety regulations at part 192. In the NPRM, these newly designated
Type A, Area 2 (Type C) regulated gathering lines would have to comply
with a basic set of requirements as set forth in Sec. 192.9. The
specific requirements for newly regulated gas gathering lines are
discussed in section III.D of this document.
2. Summary of Public Comment
API, the Michigan Public Service Commission (Michigan PSC), the
Texas Pipeline Association (TPA), and Atmos Energy Corporation (Atmos)
recommended that more data should be collected before determining the
appropriate scope of additional regulations. The PAPUC supported the
extension of regulatory oversight to gathering lines in Class 1
locations, based on its experience with growing natural gas production
in Pennsylvania, noting that gathering lines are being constructed with
diameters equal to or larger than typical transmission lines and are
being operated at much higher pressures than was typical in the past.
NAPSR supported the proposed scope of the new gathering line
requirements but also commented that its members believe all gathering
lines should be required to comply with part 192, regardless of class
location. Some environmental and safety groups also expressed support
for the extension of regulations to gas gathering lines in Class 1
locations in order to reduce the risks of incidents, greenhouse gas
emissions and other air pollution. For example, EDF supported
requirements for the design, installation, construction, initial
inspection and testing, corrosion control, damage prevention and
leakage surveys in order to reduce methane emissions.
The North Dakota Petroleum Council, the Marcellus Shale Coalition,
the AGA, the Plastics Pipe Institute (PPI), Spectra Energy Partners,
API, GPA Midstream, the Northeast Gas Association, and some individuals
submitted comments noting issues and uncertainty with the regulatory
impact assessment. For example, GPA Midstream commented that the
benefits analysis included information for offshore and Class 2
incidents that are not applicable to the proposed scope of this final
rule and that the cost analysis underestimated the time and cost to
identify newly regulated gathering lines in a short amount of time and
comply with the new requirements, especially MAOP determination and
public awareness. Many operators and industry groups expressed
disagreement with applying regulations to all Class 1 gas gathering
lines with outer diameters of 8.625 inches or greater, arguing that
gathering lines on the smaller end of that category do not represent
the large-diameter, high-pressure gathering lines referenced in the
preamble of the NPRM and public discussions. API commented that if
PHMSA does proceed with defining a new category of regulated gathering
lines, gathering lines with outer diameter greater than 16 inches have
the potential to pose a higher risk and should be the criteria for
determining regulated gathering, rather than 8 inches. API further
suggested that targeting lines with outer diameters greater than 16
inches would be more in the spirit of the risk-based philosophy of
other parts of the code, such as integrity management. This suggestion
was
[[Page 63280]]
repeated by GPA Midstream, the North Dakota, Petroleum Council, and
others.
A number of commenters representing the pipeline industry expressed
concerns with the deadlines to identify newly regulated gathering lines
and then comply with the proposed regulations. For example, Rice
Energy, Dominion East Ohio, API, and GPA Midstream commented that the
implementation timeframe for identifying proposed Type A, Area 2 (now
Type C) regulated gathering lines was too short. Industry commenters
were especially concerned about the deadline to establish an MAOP,
especially if the MAOP verification requirements proposed for gas
transmission lines in the NPRM also applied to gathering lines. One
commenter suggested an economic criterion to allow an exemption for
operators of economically marginal, low stress gathering lines.
Some commenters expressed the view that the proposed Type A, Area 2
(now Type C) classification for newly regulated gas gathering lines
could be confusing. Specifically, commenters found that designating
newly regulated gas gathering lines as Type A, Area 2 (now Type C), and
then requiring those pipelines to follow requirements similar to Type B
rather than existing Type A requirements was cumbersome and risked
conflating distinct regulatory requirements. A few commenters suggested
a Type C designation rather than the proposed Type A, Area 2 (now Type
C) designation. The GPAC recommended PHMSA address these concerns in
the final rule.
3. GPAC Recommendation
GPAC voted 11-1 that the scope of newly regulated gas gathering
lines in proposed Sec. 192.8(b) and (c) is technically feasible,
reasonable, cost-effective, and practicable if PHMSA considered the
following:
Establishing an initial framework for regulating Class 1
gathering lines that could be built upon in light of future information
and experience;
Setting a minimum set of requirements for gathering lines
8.625 inches in outside diameter and greater (considering, for example:
Damage prevention; line markers; public awareness; leak surveys and
repairs; design, installation, construction, and initial inspection and
testing for new lines; and emergency plans). Give due consideration to
the GPAC discussion on the costs and benefits of performing leakage
surveys;
Consider applying a PIR concept and additional
requirements to provide safety and environmental protection for larger-
diameter gathering lines (e.g., greater than 12.75 inch outside
diameter); and
Ensuring that composite pipe \71\ was adequately addressed
to minimize the impact on its continued use. Note that this is
discussed in section III.D below.
---------------------------------------------------------------------------
\71\ A composite pipe is made of a combination of either steel
or plastic with a reinforcing material designed to maintain its
circumferential and longitudinal strength. A common configuration
consists of steel or fiber reinforcement layered between a polymer
inside liner and outer shell. No composite materials are currently
authorized for use in part 192 or part 195, but may be used through
a special permit (see Sec. 190.341).
---------------------------------------------------------------------------
4. PHMSA Response
In response to public comments and the recommendations of the GPAC,
PHMSA has changed the proposed ``Type A, Area 2'' designation for newly
regulated gas gathering lines to ``Type C'' lines. PHMSA originally
proposed use of the term ``Type A, Area 2'' (now Type C) because the
newly regulated gas gathering lines have features similar to existing
Type A pipelines in the table in Sec. 192.8, except that they are
located in Class 1 locations. However, PHMSA agrees that creating the
category ``Type C'' may be less confusing. While adopting the new
designation of Type C regulated gas gathering lines introduces some
repetition in the table in Sec. 192.8, PHMSA believes it will make
clearer that the three categories represent different levels of risk
that warrant corresponding levels of regulation and will reduce
unnecessary confusion among operators and inspectors in the future.
The final rule continues to define Type C regulated gas gathering
lines as gas gathering lines in Class 1 locations that are 8.625 inches
or greater in diameter and are: (1) Metallic, with an MAOP producing a
hoop stress of 20 percent or more of SMYS; (2) metallic, with an MAOP
greater than 125 psig if the hoop stress is unknown; or (3) non-
metallic, with an MAOP greater than 125 psig. However, PHMSA recognizes
that not all gathering lines that meet these criteria pose the same
level of risk. Therefore, the final rule provides that the requirements
that Type C gathering lines must comply with will vary, based on the
scale of risk associated with the particular characteristics of the
pipeline. The applicability of each of the requirements that
potentially applies to Type C lines is described in section III.D below
and the section-by-section analysis. Gathering lines smaller than 8.625
inches in outside diameter or operating below the pressure or stress
level criteria described above will remain unregulated under part 192
and are subject only to incident and annual reporting in part 191 (see
section III.A below).
As described in the background section (II.A) above, modern
gathering systems require larger, higher-pressure lines to meet the new
supply and demand pressures than had been common when the existing
requirements were put into place. This is not a theoretical problem:
Failures on unregulated gas gathering lines have resulted in serious
incidents, some with fatal consequences (see the discussion in section
II.A above).
PHMSA appreciates the need to exercise caution in exercising its
statutory authority to regulate gathering lines that have not been
previously covered by parts 191 and 192 without clear, detailed safety
data. This is why a new category of gathering lines is being created
for reporting purposes only that are only subject to the incident and
annual reporting requirements described in section III.A of this
document. These are designated as ``Type R'' gathering lines in Sec.
192.8. These lines are not regulated gathering lines under in part 192
but are subject to incident and annual reporting requirements in part
191.
However, there is ample basis upon which to add the targeted
requirements in this final rule for Type C gathering lines that mirror
the requirements already in place for existing, lower-stress Type B
lines. These measures are an appropriate initial step to ensure basic
safeguards to the public, property, and the environment while
additional data is collected and analyzed. Additionally, withdrawing
the proposed regulations in the NPRM for previously unregulated gas
gathering lines in its entirety would be inconsistent with public
safety and would not be responsive to GAO recommendation GAO-14-667 or
the Congressional mandate in the 2020 PIPES Act. Therefore, PHMSA is
adding the definition of Type C regulated gas gathering lines as
proposed in the NPRM.
However, the new regulatory requirements are tailored to the
potential hazards the newly regulated gathering lines may pose. This is
described in more detail in section III.D below. PHMSA determined that
certain programs, such as damage prevention, are foundational to
pipeline safety and public trust and therefore should be required for
all Type C gas gathering lines as originally proposed in the NPRM.
However, other requirements apply only to Type C lines with an outside
diameter greater than 16 inches, and Type C lines with an outside
[[Page 63281]]
diameter larger than 12.75 inches that are located near homes and other
structures. The largest-diameter gas gathering lines and those that can
directly impact local communities are required to comply with all of
the requirements for newly regulated Type C (Type A, Area 2) gathering
lines proposed in the NPRM. The proposed deadline to determine
endpoints of newly regulated gathering lines remains unchanged in the
final rule--6 months after the effective date. Operators must therefore
identify the endpoints of newly regulated Type C lines on or before
November 16, 2022. While the GPAC recommended a 2-year compliance
deadline for identifying the endpoints of Type C gathering lines, such
a delay is not necessary given that PHMSA understands that many Type C
lines are of more recent vintage and therefore would generally have
more robust records to facilitate determination of endpoints than older
gathering lines. A prolonged identification period would also delay the
important safety (section III.D. infra) and reporting (section III.A.4.
supra) standards in the final rule. The Type C determination in Sec.
192.8(c)(2) requires, at a minimum, knowledge only of the location,
diameter, and pressure of the pipeline. Most Type C gathering lines are
relatively modern shale gas systems and these basic records should be
readily accessible.
PHMSA acknowledges that this deadline may be challenging for some
operators of certain older, smaller-diameter, systems. The final rule
therefore includes procedures for an operator to request an alternative
compliance deadline with a notification in accordance with Sec.
192.18. This is intended to mirror existing Sec. 192.9(e)(2), which
gives the PHMSA Administrator discretion to allow a later deadline if
justified in a particular case. An operator must submit a written
request to PHMSA in accordance with Sec. 192.18 no later than 90 days
prior to the standard compliance deadline. The request must include, at
a minimum, a description of the facilities that require a delayed
compliance date, the justification for an alternative compliance
deadline, and the proposed alternative compliance deadline. An operator
may proceed with their proposed compliance deadline if they receive a
no-objection letter from PHMSA or if PHMSA does not reply within 90
days. If delayed identification impacts an operator's ability to comply
with the requirements in Sec. 192.9, they must submit a separate
notification to request delayed compliance under that section.
The combination of changes discussed in this section and in section
III.D below provides a reasonable and cost-effective initial approach
to address the risks associated with previously unregulated gas
gathering lines. PHMSA will monitor the safety performance of both
newly regulated gas gathering and unregulated gas gathering lines and
evaluate the need for further regulatory action in the future.
D. Safety Requirements for Newly Regulated Gas Gathering Lines--
Sec. Sec. 192.9, 192.13, 192.18, 192.452, and 192.619
1. Summary of PHMSA's Proposal
PHMSA proposed in the NPRM to apply part 192 safety requirements to
the newly-established Type A, Area 2 lines (referred to as Type C lines
in the final rule). These requirements, collectively referred to as
Type C requirements in this final rule, are:
Sec. 192.9(d)(1)--Implement design, installation,
construction, initial inspection, and initial testing requirements for
new/replaced/relocated/changed lines in accordance with the
requirements in part 192 for transmission lines.
Sec. 192.9(d)(2)--Adopt corrosion control measures for
metallic pipe in accordance with part 192, subpart I, requirements for
transmission lines.
Sec. 192.9(d)(3)--Adopt damage prevention measures in
accordance with Sec. 192.614.
Sec. 192.9(d)(4)--Develop public awareness programs in
accordance with Sec. 192.616.
Sec. 192.9(d)(5)--Establish MAOP in accordance with Sec.
192.619.
Sec. 192.9(d)(6)--Install and maintain line markers in
accordance with the requirements for transmission lines in Sec.
192.707.
Sec. 192.9(d)(7)--Conduct leakage surveys in accordance
with Sec. 192.706, using leak- detection equipment and promptly repair
hazardous leaks that are discovered, in accordance with Sec.
192.703(c).
Sec. 192.9(d)(8)--Develop and implement procedures for
emergency plans in accordance with Sec. 192.615.
These requirements are the same as those that currently apply to
Type B regulated gas gathering lines, except for the new emergency
plans requirements. PHMSA also proposed conforming changes to
Sec. Sec. 192.13, 192.452, and 192.619.
2. Summary of Public Comment
Citizen and environmental groups expressed support for the proposed
requirements for newly regulated gas gathering lines or suggested
additional requirements. Several citizen groups suggested that gas
gathering lines that function similarly to transmission lines should be
regulated like transmission lines in part 192. Similarly, the Public
Service Commission of West Virginia commented that the proposed
requirements for Type A, Area 2 (now Type C) lines, which mirror the
requirements for low-pressure, low-stress Type B gathering lines, are
not adequate or sufficient to ensure the safety of large, high-pressure
gas gathering lines and instead recommended that such pipelines follow
existing Type A, Area 1 requirements (i.e. most gas transmission line
requirements) that apply to other regulated gathering lines that
operate with higher stress levels and pressures.
GPA Midstream and Kinder Morgan commented that Type A, Area 2 (now
Type C) lines should not have to conduct leakage surveys with leak
detection equipment, as currently required for Type B gathering lines
in Sec. 192.9(d)(7), since leaks and ruptures on higher-stress Type A
lines are easier to detect without specialized equipment. API and TPA
proposed that the emergency-planning requirements in Sec. 192.9(d)(8)
be revised to reference the existing requirements for other types of
pipelines in Sec. 192.615. They also recommended exempting operators
of Type A, Area 2 (now Type C) regulated gathering lines from the
requirement to have written procedures to respond to each of the
emergency situations listed in Sec. 192.615(a)(3), presumably for cost
concerns. API, GPA Midstream, and Northeast Gas Association commented
that the compliance cost estimates used in the RIA for Type A, Area 2
(now Type C) regulated gathering lines were underestimated and
contained erroneous assumptions. For example, GPA Midstream raised
concerns about the costs of program evaluation requirements under
public awareness. Industry commenters were especially concerned about
the applicability of the proposed gas transmission requirements in the
NPRM such as the MAOP reconfirmation, including the cost to establish
MAOP and confirm the material properties of gathering lines that were
not previously required to have an MAOP or keep such records. PHMSA
notes that these provisions were finalized by the Gas Transmission
Final Rule and apply only to gas transmission lines.
A number of commenters articulated concerns about how the proposed
regulations would affect the use of non-metallic materials in
previously
[[Page 63282]]
unregulated gathering systems. Commenters representing gathering line
operators and non-metallic pipe manufacturers urged PHMSA to consider
the impact of the rule on gathering lines made of composite materials
and polyethylene pipe manufactured to standards other than ASTM D2513.
A composite pipe is made of a combination of either steel or plastic
with a reinforcing material designed to maintain its circumferential
and longitudinal strength. A common configuration consists of steel or
fiber reinforcement layered between a polymer inside liner and outer
shell. No composite materials are currently authorized for use in part
192 or part 195 but may be used through a special permit (see Sec.
190.341).
Commenters were especially concerned with the possibility that
existing, unregulated lines made of non-metallic materials would need
to be replaced if they subsequently become regulated Type A, Area 2
(Type C) lines. API suggested that PHMSA incorporate by reference two
standards, API Standard 15S, ``Spoolable Composite Pipe Systems,'' 1st
edition and ASTM F2619/F2619M-13, ``Standard Specification for High-
Density Polyethylene (PE) Line Pipe'' into Sec. 192.9 to allow the use
of composite materials and an alternative specification for
polyethylene pipe that is commonly used in unregulated production and
gathering operations. API and the Plastic Pipe Institute commented that
the proposed repair criteria in the NPRM did not address non-metallic
materials and could effectively eliminate the use of plastics and
composites in Type A, Area 2 (now Type C) lines that previously had no
such restrictions. GPA Midstream also commented that composite pipe can
operate at pressures that would include them within the Type A, Area 2
(now Type C) criteria and should therefore be addressed in the rule.
3. GPAC Recommendations
GPAC voted 12-0 that the proposed minimum safety standards for Type
A, Area 2 (Type C) regulated gathering lines were technically feasible,
reasonable, cost-effective, and practicable, if the following changes
were made:
Extend the deadline for Type A, Area 2 (Type C) gathering
lines that become regulated in the future due to new dwellings to
comply with part 192 requirements from one year to two years after the
effective date of the final rule;
Add a notification process similar to the process endorsed
by the committee for the gas transmission rule \72\ to address the use
of composite pipe materials in existing and new Type A, Area 2 (Type C)
gathering lines;
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\72\ This recommendation was subsequently codified as Sec.
192.18 by the Gas Transmission Final Rule (84 FR 52180).
---------------------------------------------------------------------------
Extend the deadline in Sec. 192.8(b) for determining if
pipelines are classified as Type A, Area 2 (Type C) gathering lines
from six months to two years after the effective date of the final
rule;
Extend the deadline for newly regulated gas gathering
lines to comply with Type A, Area 2 (Type C) requirements to three
years after the effective date of the rule, and make conforming changes
(Sec. Sec. 192.9(e)(3) and (4), 192.452, 192.13, and 192.619);
Ensure that the language for designating newly regulated
gas gathering lines is as clear as possible (e.g., Type C vs. Type A,
Area 2);
Allow operators of Type A, Area 2 (Type C) gas gathering
lines to establish MAOP based on a five-year high operating pressure;
or via an alternative method with notification to PHMSA (Sec. 192.18
process); and
Modify Sec. 192.9 (d) to include Type A, Area 2 (Type C)
gathering lines.
4. PHMSA Response
PHMSA understands the concerns expressed by the commenters
regarding the application of existing pipeline safety requirements to
newly regulated gas gathering lines. While the final rule does not
significantly change the NPRM's proposed criteria for designating newly
regulated Type C gas gathering lines (higher stress gathering lines
with an outside diameter of 8.625 inches or greater, see section
III.C), it does make changes to the NPRM's proposal regarding how each
of the proposed Type C requirements are to be applied. These changes
focus on applying more requirements to the highest-risk, largest-
diameter gathering lines. The risk-based approach to Type C
requirements in this final rule is based upon discussions at the June
25th GPAC meeting, consideration of the public comments received on the
NPRM, and an analysis of the costs and benefits of various alternatives
(see the RIA, available in the docket for this rule, for a detailed
description of alternatives considered). As discussed during the GPAC
meeting, PHMSA emphasizes that the Type C requirements are an initial
step in addressing safety concerns with larger-diameter gas gathering
lines. If PHMSA's analysis of the safety performance of regulated and
unregulated gathering lines demonstrates a need to revise the
requirements for regulated gathering lines, PHMSA can exercise its
authority to do so in a future rulemaking.
The applicability of each of the requirements for Type C regulated
gas gathering lines in the final rule is as follows:
Requirements for Type C gathering lines with outside diameters of
8.625 inches and greater:
Design, installation, construction, and initial inspection
and testing for lines that are new, replaced, relocated, or otherwise
changed after the applicable compliance date in Sec. 192.13 per
transmission line requirements in part 192;
Corrosion Control (part 192, subpart I);
Damage Prevention Program (Sec. 192.614);
Emergency Plans (Sec. 192.615);
Public Awareness (Sec. 192.616);
Line Markers (Sec. 192.707); and
Leakage Surveys (Sec. 192.706).
Additional requirements for Type C gathering lines with outside
diameters greater than 12.75 inches:
Applicable requirements of part 192 for plastic pipe and
components; and
Establishment of MAOP (Sec. 192.619).
Exception: Gathering lines with an outer diameter 16 inches or less
that are not located within a potential impact circle containing a
building intended for human occupancy or other impacted sites must only
comply with requirements governing damage prevention (Sec. 192.614);
emergency plans (Sec. 192.615); and, for Type C lines that are new,
replaced, relocated, or otherwise changed after the applicable
compliance date in Sec. 192.13 (i.e. 1 year after the effective date
of the rule), certain design, installation, construction, initial
inspection, and initial testing requirements applicable to transmission
lines under part 192. These provisions are required for all Type C
gathering lines regardless of size or location. The applicability of
each of these requirements is summarized in the table below:
[[Page 63283]]
------------------------------------------------------------------------
Not located near a Located near a
building intended building intended
for human occupancy for human occupancy
Outside diameter or other impacted or other impacted
site (Sec. site (Sec.
192.9(f)) 192.9(f))
------------------------------------------------------------------------
Greater than or equal to --Design, --Design,
8.625 inches up to and Construction, Construction,
including 12.75 inches. Initial Inspection Initial Inspection
and Testing (new/ and Testing (new/
replaced/relocated/ replaced/relocated/
changed lines). changed lines).
--Damage Prevention. --Corrosion Control.
--Emergency plans --Damage Prevention.
--Emergency Plans.
--Line Markers.
--Public Awareness.
--Leakage Surveys.
Greater than 12.75 inches up --Design, All Type C
to and including 16 inches. Construction, Requirements.
Initial Inspection
and Testing (new/
replaced/relocated/
changed lines).
--Damage Prevention. ....................
--Emergency Plans. ....................
Greater than 16 inches...... All Type C All Type C
Requirements Requirements.
------------------------------------------------------------------------
The potential impact circle calculation criterion for certain Type
C requirements is based on the method for identifying high-consequence
areas in the gas transmission integrity management program regulations
in subpart O of part 192. Specifically, the terms ``potential impact
circle'' and ``potential impact radius (PIR),'' including the formula
for calculating what the length of the potential impact radius,\73\ are
defined in Sec. 192.903. The ``potential impact circle'' is the area
around a pipeline where a pipeline rupture could cause severe
consequences, such as casualties and destruction of property. PHMSA
notes that the formula requires knowing the MAOP of the pipeline,
rather than the actual operating pressure. Additionally, the final rule
requires that operators of Type C gathering line use a factor of 0.73
for wet/rich natural gas in the PIR calculation rather than the 0.69
factor for dry natural gas used in the integrity management
regulations. This results in a slightly larger potential impact circle
reflecting the potentially more intense fire and explosion hazards due
to the higher average energy content of unprocessed gas, which may
contain higher concentrations of natural gas liquids and other
hydrocarbons. A 2005 report prepared for PHMSA by Michael Baker Jr.,
Inc., titled, ``Potential Impact Radius Formulae for Flammable Gases
other than Natural Gas Subject to 49 CFR 192'' \74\ calculated that
0.73 was an appropriate PIR factor for pipelines transporting rich
natural gas. The calculations are detailed in section 4.8.4 of the
report using the same formula described in ASME B31.8S that is
referenced in the gas transmission integrity management regulations.
API RP 1182 uses the same factor for a similar PIR concept, however
that document is not incorporated by reference in this rule. Similarly,
Sec. 192.9(f) in this final rule dictates that any Type C gathering
line segment located within a potential impact circle containing a
building intended for human occupancy or other impacted site must
comply with all Type C requirements applicable for the diameter of that
line, since a failure on that segment has the potential to cause
catastrophic damage to local communities. This approach was discussed
at the GPAC and in public comments and PHMSA agrees it is an effective
way of prioritizing short-term regulatory action towards gas gathering
lines with the highest potential consequences of a failure.
---------------------------------------------------------------------------
\73\ See ASME B31.8S for additional information on calculating
PIR.
\74\ Michael Baker Jr., Inc. ``TTO Number 13: Potential Impact
Radius Formulae for Flammable Gases Other than Natural Gas Subject
to 49 CFR 192: Final Report'' (June 2005), https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/technical-resources/pipeline/gas-transmission-integrity-management/65311/tto13potentialimpactradiusfinalreportjune2005.pdf.
---------------------------------------------------------------------------
PHMSA recognizes that not all operators may be able to perform the
potential impact radius calculation. If the gathering line segment does
not have an established MAOP or other records necessary to perform the
PIR calculation, the operator may perform the same determination on a
class location unit (see Sec. 192.5) basis rather than a potential
impact circle basis. A class location unit is 1 mile in length and
extends 220 yards on either side of the centerline of a pipeline. PHMSA
notes that this uses the same ``sliding mile'' approach used for
determining class locations rather than static mile-long increments
stacked end-over-end. The class-location unit moves along the pipeline,
and if the sliding mile contains a building intended for human
occupancy or other impacted site at any point during the mile's
movement, then the exception in paragraph (f) does not apply for the
entire mile of pipeline contained within the sliding mile.
The class location unit method for applying these exceptions is
used in API RP 1182 and provides a simpler, more conservative method
for determining the applicability of the Sec. 192.9(f) exception for
operators that choose not to perform a PIR analysis or lack records of
the parameters necessary to calculate the PIR. PHMSA expects that the
class location unit method will result in fewer miles of gathering
lines being covered by the Sec. 192.9 exception in almost all
circumstances because the additional requirements will apply for a mile
on each side of a building intended for human occupancy or other
impacted site. Theoretically, the PIR of a pipeline could exceed 220
yards; if this is the case it is possible that some structures could be
captured by the PIR analysis but not the class location unit analysis.
However, given that this exception is limited for Type C gathering
lines 16 inches or less in outside diameter, it is unlikely that a
gathering line 16 inches or less in diameter will operate at a pressure
that would cause the calculated PIR to exceed the width of the class
location unit. The MAOP of a pipeline with an outside diameter of 16
inches must exceed 3000 psig for the PIR of the pipeline to exceed 660
feet. A MAOP of 3000 psig is unusually high. Although PHMSA does not
collect data on MAOP on annual reports, incident reports reveal that
less than 1 percent of gas transmission incidents from 2010 through the
end of 2021 involved a facility with an MAOP higher than 3000 psig;
further, there were no incidents volving a pipeline larger than 10.75
inches in outside diameter, and no incidents on regulated onshore gas
gathering lines.
In the final rule, operators must achieve compliance with
applicable Type C requirements no later than 1
[[Page 63284]]
year after the effective date of the rule, unless PHMSA has approved an
alternative compliance schedule after the operator has submitted a
notification in accordance with Sec. 192.18. This is a shorter
compliance deadline than the 3-year phase in recommended by the GPAC
(i.e., 1-year after the endpoints of Type C have been identified). The
safety standards in the final rule target known threats to public
safety, and the most significant requirements are targeted at gathering
lines with direct potential safety impacts (i.e., has a potential
impact circle containing a building intended for human occupancy). Due
to these direct threats to the public, it is critical that operators
implement minimum safety practices as soon as practicable. The final
rule provides operators a total of 1\1/2\ years from the date of
publication to implement these measures, which should be achievable for
most operators.
However, PHMSA recognizes that some operators may encounter
challenges in meeting the deadline for one or more of the Type C
requirements. The final rule therefore includes procedures for an
operator to request an alternative compliance deadline with a
notification in accordance with Sec. 192.18. This is intended to
mirror existing Sec. 192.9(e)(2), which allows the PHMSA Administrator
flexibility to provide a later deadline if justified in a particular
case. An operator must submit a written request to PHMSA in accordance
with Sec. 192.18 no later than 90 days prior to the standard
compliance deadline. The request must include, at a minimum, a
description of the facilities that require a delayed compliance date,
the proposed alternative deadline, justification for the alternative
compliance deadline, and actions the operator will take to ensure the
safety of the affected facilities in the interim. The description of
the pipeline facility and the operating environment should include
relevant information about the integrity of the pipeline and the
potential consequences in the case of the release. This includes: The
diameter of the pipeline; the operating pressure; known design and
construction specifications; results from surveys, patrols, or
integrity assessments; and the presence of homes or other human uses
near the pipeline. An operator may request an alternative compliance
schedule for more than one requirement within Sec. 192.9(e) in a
single notice. However, the notice must include a proposed compliance
schedule and justification for each requirement. An operator may
proceed with their proposed compliance deadline if they receive a no-
objection letter from PHMSA or if PHMSA does not reply within 90 days.
Consistent with the deadlines described above, design,
construction, initial inspection, and initial testing requirements
apply to all Type C lines that are new, replaced, relocated, or
otherwise changed after the applicable compliance deadline in Sec.
192.13 (i.e., 1 year after the effective date of the rule).
Additionally, in the final rule, operators of unregulated gas gathering
lines that become Type C regulated gathering lines, or become subject
to additional Type C requirements, due to a change in the pipeline's
MAOP or the discovery of a building intended for human occupancy or
other impacted site have 1 year from the time the change is discovered
to comply with Type C requirements.
PHMSA determined that it was appropriate for all Type C gathering
lines that are new, replaced, relocated, or otherwise changed after the
applicable compliance date in Sec. 192.13 (i.e., 1 year after the
effective date of the rule) to comply with the initial design,
construction, inspection, and testing requirements applicable to
transmission lines in part 192 to ensure that new, higher risk
gathering lines are adequately designed and constructed. PHMSA also
determined that it was appropriate for all Type C gathering lines to
comply with damage prevention and emergency plan requirements in
Sec. Sec. 192.614 and 192.615, based on the incident history of
transmission pipelines and fatal gas gathering incidents. For onshore
gas transmission lines between 2010 and 2019, excavation damage was the
third leading cause of incidents and the most common cause of incidents
that resulted in fatal injuries.\75\ As described in section II.A, many
of the fatal incidents on unregulated gathering lines described in
media reports have been caused by excavation damage. These incidents
commonly cause serious and fatal injuries regardless of the diameter or
location of the pipeline since equipment operators and other workers
may be in close proximity to the point of failure. However, effective
damage prevention programs and participation in One-Call programs can
reduce this risk. Based on gas transmission line incident report data,
both the number of excavation damage incidents and the share of
incidents caused by excavation damage has trended downwards between
2000 and 2018. While gathering lines are covered under damage
prevention and One-Call laws in most States, PHMSA expects that
requiring operators to implement a damage prevention program under part
192 may improve enforcement of these requirements and cover lines in
States where gathering lines are excepted. Maintaining a written damage
prevention procedure and communicating damage prevention information to
the public may also result in safety benefits beyond compliance with
State One-Call laws from operators and excavators becoming more
cognizant of the risks of third-party damage to gathering lines.
---------------------------------------------------------------------------
\75\ Out of 1,057 incidents reported to PHMSA that occurred
during this period, 150 were due to excavation damage. Of the 13
incidents that resulted in fatal injuries, 6 were caused by
excavation damage.
---------------------------------------------------------------------------
The requirements for emergency plans in Sec. 192.615 directly
address concerns with operator and community emergency response and
planning capability. Emergency response plans and procedures for rural
gathering lines were areas of emphasis in GAO's August 2014 report on
safety requirements for transporting energy products.\76\ In that
report, the NTSB, a representative of the National Association of State
Fire Marshals and emergency response officials agreed that ``emergency
response plans are critical for pipeline safety;'' however, those
emergency officials were concerned that responders in rural areas
lacked the information about unregulated gathering lines in their
communities to prepare for and respond to pipeline emergencies.
Requiring all Type C gathering lines to comply with Sec. 192.615
addresses these concerns by bringing emergency planning requirements
for such pipelines in line with existing requirements for gas
transmission lines.
---------------------------------------------------------------------------
\76\ GAO, GAO-14-667, ``Oil and Gas Transportation: Department
of Transportation is Taking Actions to Address Rail Safety, but
Additional Actions are Needed to Improve Pipeline Safety'' (Aug.
2012).
---------------------------------------------------------------------------
PHMSA disagrees with the comment that Type C gas gathering lines
should be excepted from the requirement to develop and follow
procedures for responding to common types of pipeline emergencies
listed in Sec. 192.615(a)(3), such as gas leaks in structures, fires,
explosions, and natural disasters. This requirement is necessary to
help ensure effective emergency preparedness. As described in the
background section II of this document and the GAO-14-667 report,
emergency response capabilities are especially important for gas
gathering systems operating in communities that do not have experience
with intensive oil and gas development.
Design, installation, construction, initial inspection, and initial
testing
[[Page 63285]]
requirements, and corrosion control measures in part 192 are intended
to reduce the likelihood of a release caused by material and equipment
failure, corrosion, and excavation damage. Design, installation,
construction, initial inspection, and initial testing requirements are
prospective only. Operators are not expected to replace facilities
existing on or prior to the compliance deadline in Sec. 192.13 (i.e.,
1 year after the effective date of the rule) in order to comply with
these requirements. PHMSA expects there will be safety benefits from
applying part 192 design, construction, initial inspection, and initial
testing requirements should those existing lines require replacement,
relocation or otherwise be changed.
In the NPRM, PHMSA did not intend to prohibit the use of composite
pipe materials on previously unregulated Type C gathering lines or
require the removal of such materials. However, the existing part 192
requirements were written for steel or conventional plastic pipe.
Additionally, the NPRM did not propose to incorporate by reference API
RP 15S or F2619/F2619M-13 and PHMSA has not yet conducted the technical
review of those documents needed to support their incorporation by
reference in this final rule.
To address composite pipe, PHMSA has added a provision in the final
rule to allow operators to install or replace composite pipe that is
not otherwise authorized by part 192 for use in regulated Type C gas
gathering lines upon notification to PHMSA pursuant to Sec. Sec.
192.9(h) and 192.18. Operators may use composite pipe or materials as
proposed in their notification if, after 91 days, they have not
received a letter from PHMSA with either an objection to the proposed
use of composite pipe, or that states that PHMSA requires additional
time to conduct its review. PHMSA may also proactively issue a no-
objection letter. Additionally, operators may continue to use composite
pipe installed on or before the effective date of the rule; no
notification under Sec. Sec. 192.9(h) and 192.18 would be required in
those circumstances. This change affects Type C gathering lines only
and does not authorize the use of composite pipe for any other type of
pipeline covered under part 192. Under the Sec. 192.18 notification
process, PHMSA will evaluate the operator's proposed operation and
maintenance procedures, which includes the operator's proposed
remediation methods and procedures for identifying defects and
determining the safe operating pressures of composite pipe when defects
are found. PHMSA will not approve notifications that it determines are
inconsistent with pipeline safety. An objection letter issued under
Sec. 192.18 will not foreclose an operator's ability to seek a special
permit in accordance with Sec. 190.341. Additional information on this
process is provided in the section-by-section analysis of this
document. PHMSA may use data obtained from observing the design,
construction, and operation of composite materials in Type C gathering
lines to inform its future decisions on whether and how to accept
composite materials for pipelines in other jurisdictional applications.
Public awareness requirements in Sec. 192.616 and line marker
requirements in Sec. 192.707 apply to Type C lines that are located
near buildings intended for human occupancy, and further address
residual risks despite part 192 damage prevention and emergency
planning requirements. Public awareness requirements in Sec. 192.616
require additional communication with excavators, first responders,
local governments, and the public. Notably, this provision at Sec.
192.616(d) obliges operators to describe the potential hazards of a
pipeline release, the physical markers of a release, and how to respond
to customers and other members of the community. This requirement is
especially important for members of the public to identify dangerous
releases on gas pipelines that are not odorized. These communications
improve safety by encouraging individuals to take safe actions such as
contacting One-Call before performing excavations and recognizing,
avoiding, and reporting gas leaks. Section 192.707 requires the
placement of line markers at road and railroad crossings, and wherever
else the operator deems is necessary. These markers provide a visual
reminder of the presence of otherwise invisible pipelines and serve to
reduce third-party damage risks. Additionally, during emergencies, line
markers communicate hazards and operator contact information to first
responders.
After consideration of public comments, the recommendations of the
GPAC, and the final RIA that accompanies this final rule, PHMSA has
retained the requirement for leakage surveys in Sec. 192.706 for both
(1) all Type C gathering lines with an outside diameter greater than 16
inches, as well as (2) Type C gathering lines with an outer diameter
greater than 8.625 inches but not exceeding 16 inches in outside
diameter that are located in a potential impact circle containing a
building intended for human occupancy or other impacted site. In other
words, this requirement applies to larger-diameter gas gathering lines
and those that could directly impact nearby structures and people
during a rupture. Since Class 1 gas gathering lines are not typically
odorized and the leakage survey requirement applies to larger diameter
Type C gathering lines or those located near people, PHMSA has retained
the requirement that operators use leak detection equipment when
conducting leakage surveys. Leak detection equipment is already
required for leakage surveys on gas transmission lines that are not
odorized.
Part 192 does not currently establish technology or performance
standards for leak detection equipment, and the NPRM did not propose to
establish standards for leak detection equipment. The final rule
therefore does not specify what constitutes ``leak detection
equipment.'' Any equipment capable of detecting all leaks on the
pipeline system would be acceptable.\77\ Traditionally, operator
personnel perform an instrumented leakage survey by walking along the
pipeline right-of-of way with handheld leak detection equipment, such
as a flame ionization detection device, laser-based methane detector,
or other equipment. Similar equipment can be installed on vehicles or
at fixed locations along the right of way. Some technology providers
claim to detect smaller leaks from greater distances using a
combination of vehicular or aerial sensor platforms, sensitive gas
detectors, other sensors, and analytics. There are also various methods
for continuous leak monitoring, including pressure and pressure wave
monitoring, fixed gas detectors, and fiber optic-based distributed
sensing. Performing leakage surveys increases the likelihood that small
defects are discovered and remediated before they evolve into more
significant failures with potentially severe impacts to people, nearby
structures, and the environment. Leakage surveys are also necessary to
mitigate the climate change impacts of methane leaks.
---------------------------------------------------------------------------
\77\ See, e.g., PHMSA, Interpretation Letter No PI-01-0104,
Letter to Richard Motsinger (Apr. 3, 2001), https://www.phmsa.dot.gov/regulations/title49/interp/PI-01-0104.
---------------------------------------------------------------------------
Lastly, consistent with the GPAC recommendations, PHMSA adopts the
remaining requirements proposed in the NPRM for application to all Type
C lines with an outside diameter of greater than 16 inches, and Type C
lines with an outside diameter greater than 12.75 inches but not
exceeding 16 inches in outer diameter, that are located near buildings
intended for human
[[Page 63286]]
occupancy or other impacted sites. For example, MAOP determinations
will also be required for Type C gathering lines with an outside
diameter greater than 16 inches, and Type C lines larger than 12.75
inches in outside diameter up to and including 16 inches in outside
diameter that are located in a potential impact circle containing a
building intended for human occupancy or other impacted sites. The
amendments proposed in the NPRM to the tables in Sec. 192.619(a)(3)
that would give existing Type C gathering lines the option of
establishing an MAOP based on historical operating pressure have been
incorporated into the final rule. Therefore, newly regulated Type C
lines now will have the option of establishing MAOP using the highest
actual operating pressure to which the segment was subjected during the
five years (60 months) preceding the effective date of the rule, or
five years (60 months) before first becoming subject to the rule,
whichever is later.
However, PHMSA supports the GPAC recommendation to allow operators
of Type C gas gathering lines to establish MAOP using alternative
methods pursuant to the notification process set forth in Sec. 192.18
and the requirements of Sec. 192.619(c)(2). PHMSA is persuaded that
allowing alternative methods with PHMSA approval under Sec. 192.18 for
establishing the MAOP of a previously unregulated Type C gas gathering
line existing on or before the effective date of the rule is
appropriate. Such operators were not previously required to make and
maintain records of MAOP, pressure tests, or operating pressure and may
not have traceable, verifiable, and complete records necessary to
calculate an MAOP using the lowest of each of the methods listed in
Sec. 192.619. This final rule includes a new Sec. 192.619(c)(2) and
conforming changes to Sec. 192.18 to allow an operator of an existing
Type C regulated gathering lines based on available records. Under this
process, the operator would propose an MAOP based on the information
available about the pipeline, such as actual highest operating
pressure, operational and maintenance history, pressure test records,
and information about the design and material properties of the
pipeline. The new paragraph specifies the minimum information required
to be submitted to PHMSA in the notification. The ``no objection''
process in Sec. 192.18 requires PHMSA to respond within 90 days. If,
after 90 days, PHMSA has not responded to the notification, the
operator would be allowed to use the ``other technology'' method to
establish MAOP. This approach is not permitted for natural gas pipeline
facilities other than Type C regulated gathering lines.
The risk-based application of each of these Type C requirements is
based on the operational and functional characteristics of those lines
and strikes an appropriate balance between the need to protect people
and the environment from the risks associated with large-diameter,
high-pressure gathering lines and the need to exercise caution imposing
regulatory burdens before more detailed information can be collected.
The most substantive requirements apply to all Type C gathering lines
with outer diameter of more than 16 inches and Type C gathering lines
larger than 12.75 inches up through and including 16 inches that could
directly affect homes, businesses, and other building intended for
human occupancy. This approach focuses more stringent compliance
measures on gas gathering lines that pose the most significant
potential hazard to people and the environment. The requirements that
remain for Type C gathering lines with an outside diameter of 12.75
inches or less include initial design, construction and testing
requirements, leakage surveys emergency planning, damage prevention,
and corrosion control. While the GPAC recommended PHMSA consider
applying leakage survey requirements to all Type C gathering lines,
PHMSA has concluded that more detailed information on the extent and
safety performance of such pipelines is needed to justify applying
those requirements for Type C lines 16 inches in outside diameter and
smaller that do not have a building intended for human occupancy within
the PIR. However, as discussed at the GPAC meeting and in this final
rule, PHMSA will use the data collected from the new reporting
requirements to evaluate continuously PHMSA's oversight of gas
gathering lines and determine if additional requirements are
appropriate in the future.
There is no potential impact circle or class-location unit-based
exception for Type C gathering lines larger than 16 inches in outside
diameter. PHMSA considered alternatives raised in the GPAC discussions
and public comments, such as having no limit to the potential impact
circle exception or limiting it to an outside diameter of 24 inches.
After considering these factors and the revised RIA, PHMSA ultimately
determined that the 16-inch limit for the PIR exception initially
presented to the committee was appropriate. PHMSA notes that API and
other industry commenters on the NPRM suggested 16 inches or greater,
without a PIR exception, as an alternative definition for Type C. Many
of the Type C requirements applicable to larger pipelines relate to
initial design, construction, and corrosion control issues, and it is
important for such pipelines to be properly constructed, tested,
coated, and have cathodic protection applied before new homes and other
buildings intended for human occupancy are built nearby in the future--
because such measures reduce associated safety risks. Additionally, the
volume of a pipeline and the energy released during a rupture increase
exponentially as pipe diameter increases. A rupture on a larger-
diameter pipeline, all else being equal, is therefore more likely to
have consequences other than direct damage to structures. These include
externalized economic disruptions to downstream users and environmental
consequences such as methane emissions and ecological damage. These
external consequences can be significant even if the potential impact
radius of a pipeline segment is smaller than the width of a gas
transmission class location unit (660 ft.).
The NPRM's other proposed changes, including revisions to Sec.
192.619(a)(4) and 192.619(e), only apply to gas transmission lines. In
the Gas Transmission Final Rule, PHMSA clarified which new regulatory
requirements from the NPRM apply only to gas transmission lines by
including exceptions to those requirements for Type A and Type B
gathering lines Sec. 192.9(c). In this final rule, Type C lines are
also exempt from these requirements. Several other regulatory changes
proposed in the NPRM, specifically the proposed repair criteria, were
intended to apply solely to gas transmission lines. PHMSA expects to
clarify the applicability of those requirements when the final rule
addressing the repair criteria for gas transmission lines is published
under RIN 2137-AF39.
In response to comments and additional analysis, PHMSA has also
updated the RIA. The revisions and clarifications described above
reduce the cost of the requirements in Sec. 192.9. Specifically, the
most significant of the proposed requirements will now apply only to
large-diameter pipelines and certain smaller-diameter pipelines that
are located within a potential impact circle containing a building
intended for human occupancy or other impacted sites. Additionally,
clarifying that the recordkeeping, material verification, and MAOP
reconfirmation requirements proposed in the NPRM were not intended to
apply to gathering or distribution lines addresses a large share
[[Page 63287]]
of the cost concerns raised in the comments.
IV. Section-by-Section Analysis
Sec. 191.1 Scope
Part 191 prescribes requirements for the reporting of incidents,
safety-related conditions, annual pipeline summary data, National
Operator Registry information, and other miscellaneous conditions by
operators of gas pipelines. Section 191.1 identifies the scope of
applicability of the reporting requirements. PHMSA is revising Sec.
191.1(a) to more clearly state that part 191 applies to offshore and
onshore gas gathering not excepted by Sec. 191.1(b). This change is
intended to define the existing scope of part 191 to offshore gas
gathering lines and the revised applicability to onshore gas gathering
lines in plain language. PHMSA is revising Sec. 191.1(b) to remove the
exception to part 191 in Sec. 191.1(b)(4) for unregulated, onshore gas
gathering lines, including gathering lines that operate at less than 0
psig or are located within the inlets of the Gulf of Mexico. Incident
Reports and Annual Reports will now be required for all onshore gas
gathering lines, including Type R gathering lines. The expanded
reporting requirements for previously unregulated gas gathering lines
will provide data for monitoring the safety performance of these
pipelines and a sound basis for evaluating if future regulatory changes
are needed. However, this final rule excepts Type R gas gathering lines
from requirements for OPID validation in Sec. 191.22(b), notifications
in Sec. 191.22(c), and safety-related condition reports in Sec.
191.23. Operators must still update their OPID information (e.g.,
change in primary entity, change in name) before submitting an incident
or annual report if a change has occurred.
Sec. 191.3 Definitions
PHMSA is adding definitions for ``regulated onshore gathering'' and
``reporting-regulated gathering.'' The term ``regulated onshore
gathering'' is defined as a Type A, Type B, or Type C gas gathering
line as determined in accordance with Sec. 192.8. The term
``reporting-regulated gathering'' is defined as an onshore gathering
pipeline other than a regulated onshore gathering pipeline. These
pipelines have been designated as ``Type R'' gathering lines in Sec.
192.8 but are not regulated under that part.
Sec. 191.15 Transmission Systems; Gathering Systems; Liquefied Natural
Gas Facilities; and Underground Natural Gas Storage Facilities:
Incident Report
This revision requires operators of Type R gathering pipelines to
submit incident reports using DOT Form PHMSA F 7100.2-2. Regulated
gathering lines, including Type C gathering lines, must continue to
submit reports using DOT Form PHMSA F 7100.2.
For Type R gathering lines, an incident report is required for any
event meeting the definition of an incident that occurs after the
effective date of the rule. Operators are not required to categorize
and report retroactively events which occurred before the effective
date of the rule. The form excludes information related to part 192
requirements that do not apply.
Sec. 191.17 Transmission Systems; Gathering Systems; Liquefied Natural
Gas Facilities; and Underground Natural Gas Storage Facilities: Annual
Report
This section prescribes requirements for submitting annual reports.
This final rule adds a paragraph (a)(2) that specifies the annual
reporting requirements for operators of Type R gathering lines. Such
operators must complete and submit DOT Form PHMSA F 7100.2-3. The first
report is due no later than March 15, 2023 for the 2022 reporting year.
The form instructions address how to report data attributes that are
unknown.
Sec. 191.23 Reporting Safety-Related Conditions
This section specifies requirements for submitting safety-related
conditions. In this final rule, paragraph (b)(1) is revised to except
Type R gathering lines from safety-related condition reporting
requirements in Sec. Sec. 191.23 and 191.25.
Sec. 191.29 National Pipeline Mapping System
Section 191.29 specifies requirements for participation in the
National Pipeline Mapping System (NPMS). Section 60132 of the Federal
Pipeline Safety Law requires operators of a pipeline facilities
excluding distribution and gathering lines to provide information to be
included in the NPMS. In response to comments, the final rule clarifies
that the requirements in Sec. 191.29 do not apply to gas gathering
lines. Although Sec. 191.29(a) states the requirement applies only to
operators of gas transmission lines and liquefied natural gas (LNG)
facilities, the final rule makes the exclusion of gas gathering lines,
including regulated onshore gas gathering lines, more explicit.
Sec. 192.3 Definitions
Section 192.3 defines certain terms used in part 192. The final
rule adds a definition for ``composite materials.'' The term
``composite materials'' means the materials used to make pipes or
components manufactured with a combination of either steel and/or
plastic and a reinforcing material to maintain their circumferential or
longitudinal strength. This definition is added to describe the process
for notifying PHMSA prior to the use of composite materials on new,
replaced, relocated, or otherwise changed Type C gathering lines in
Sec. 192.9. This definition alone does not authorize the use of
composite pipe or materials under this part.
Sec. 192.8 How are onshore gathering lines and regulated onshore
gathering lines determined?
Section 192.8 describes how onshore pipelines and segments are
determined to be onshore gathering lines and regulated onshore
gathering lines. The definition of regulated onshore gathering line has
been redesignated as paragraph (c). The final rule adds a new paragraph
(b) to specify that gas gathering line must maintain records
documenting the methodology used to determine the beginning and
endpoints of segments determined to be gas gathering lines as
determined in accordance with part 192. This final rule specifies that
these records must be established within 1 year of the effective date
of the rule, or within 1 year of pipeline installation, whichever is
later. These records include the API RP 80 definitions and methods used
to define the beginning and endpoints and where those points are
located (e.g., mile markers, address, or coordinates). Operators must
maintain these records for the life of the pipeline, meaning until the
pipeline is removed from the ground or permanently abandoned in place
in accordance with Sec. 192.727. An operator may request an
alternative compliance deadline with a notification to PHMSA submitted
in accordance with Sec. 192.18 if the standard compliance deadline is
impracticable. This notification must include a description of the
affected facilities and operating environment, the justification for an
alternative compliance deadline, and the operator's proposed
alternative deadline. This notification must be submitted to PHMSA no
later than 90 days prior to the standard compliance deadline in Sec.
192.8(b)(1). The operator
[[Page 63288]]
may proceed with their proposed alternative deadline if they receive a
no objection letter from PHMSA or if PHMSA has not replied within 90
days of submitting the notification.
The final rule also revises Sec. 192.8(a)(5) to address the use of
the incidental gathering concept described in API RP 80. For new,
replaced, relocated, or otherwise changed gas gathering lines installed
after the effective date of this final rule, the ``incidental
gathering'' concept, as described in section 2.2.1.2.6 of API RP 80,
may not be used if the ``incidental'' endpoint in paragraph
2.2(a)(1)(E) of API RP 80 is 10 miles or more from the furthermost
downstream point where a gathering line end as determined in accordance
with paragraphs 2.2 (a)(1)(A) through (a)(1)(D) of API RP 80 and Sec.
192.8 (e.g. processing facilities, compressor stations, points of
comingling). A new, replaced, relocated, or otherwise changed pipeline
that is designated as an ``incidental gathering'' pipeline in API RP 80
but is 10 miles or more in length will be considered a transmission
pipeline subject to all applicable portions of parts 191 and 192.
Incidental gathering lines existing on or before the effective date of
the rule may continue to operate as a gathering line, regardless of
length.
One major aspect of this final rule is to identify a new category
of regulated onshore gas gathering lines, designated as Type C lines in
Sec. 192.8. As discussed previously, a Type C regulated onshore
gathering line is defined as any onshore gathering line that is 8.625
inches or larger in outside diameter, is located in a Class 1 location,
and meets one of the following criteria, as applicable.
Metallic pipe and the MAOP produces a hoop stress of 20
percent or more of SMYS;
Metallic pipe and, if the stress level is unknown, the
MAOP is more than 125 psig (862 kPa); or
Non-metallic and the MAOP is more than 125 psig (862 kPa).
The minimum safety standards applicable to Type C gathering lines
are specified in the revisions to Sec. 192.9. The final rule adds the
new Type C category to the table in Sec. 192.8(b)(2). The purpose of
adding this new category of regulated gas gathering lines is to ensure
that operators of larger-diameter, higher-pressure gas gathering lines
in Class 1 locations follow a basic set of requirements targeting known
threats to public safety and pipeline integrity such as excavation
damage, corrosion, and construction defects.
Sec. 192.9 What requirements apply to gathering lines?
This final rule codifies the minimum safety standards for Type C
regulated gas gathering lines. The requirements for Type C gathering
lines in this final rule are broken down as follows:
Type C requirements for pipelines with outside diameter of 8.625
inches and greater:
Design, installation, construction, and initial inspection
and testing per transmission line requirements in part 192 for lines
that are new, replaced, relocated, or otherwise changed after the
applicable compliance date in Sec. 192.13;
Corrosion control (part 192, subpart I);
Damage prevention program (Sec. 192.614);
Emergency plans (Sec. 192.615);
Public awareness (Sec. 192.616);
Line markers (Sec. 192.707); and
Leakage surveys (Sec. 192.706).
Additional Type C requirements for pipelines with an outside
diameter of 12.75 inches and greater:
Applicable requirements of part 192 for plastic pipe and
components; and
Establish MAOP (Sec. 192.619).
The final rule adds Sec. 192.9(f), which creates an exception from
certain part 192 requirements if a Type C gathering line has a diameter
of 16 inches or less and is not located near local communities as
determined by one of the following methods:
Method 1. Potential Impact Circle. The segment is not located
within a potential impact circle as defined in Sec. 192.903 containing
a building intended for human occupancy or other impacted site. This is
the same method used to determine HCAs in the gas transmission
integrity management regulations. Note that similar to the method for
identifying HCAs, any point on a pipeline located within any potential
impact circle containing a building intended for human occupancy or
other impacted site may not apply the exception even if a potential
impact circle drawn from that point does not contain such a location
itself (Refer to Figure E.I.A. in appendix E to part 192).
The formula for calculating a potential impact radius is defined in
Sec. 192.903. PHMSA notes that this formula requires knowledge of the
MAOP and nominal diameter of the pipeline. If the segment does not have
an MAOP established in accordance with Sec. 192.619, or if the
diameter is unknown, the operator must use method 2 or not apply the
exception and comply with the Type C requirements that are applicable
based on the diameter of the pipeline. Additionally, operators must use
a factor of 0.73 rather than the dry gas factor of 0.69 used in the
integrity management regulations. The increased factor accounts for the
potentially higher combustion energy of unprocessed natural gas, which
may contain varying amounts of other combustible hydrocarbons.
Method 2: Class Location Unit. This analysis is similar to Method
1. However instead of calculating a potential impact circle, the class
location unit as defined in Sec. 192.5(a)(1) is used. This is the
``sliding mile'' or ``continuous-mile'' analysis used for class
location determination. A class location unit is 1 mile in length and
extends 220 yards on either side of the centerline of a pipeline. PHMSA
notes that this uses the same ``sliding mile'' approach used for
determining class location rather than static mile-long increments
stacked end-over-end. The class-location unit moves along the pipeline,
and if the sliding mile contains a building intended for human
occupancy or other impacted site at any point during the mile's
movement, then the exception in paragraph (f) does not apply for the
entire mile of pipeline contained within the sliding mile. This method
does not require knowledge of the pipeline's MAOP.
For the purposes of applying this exception, ``building intended
for human occupancy'' or ``other impacted site'' is defined in Sec.
192.9(f)(4) to mean any of the following:
One or more buildings that may be occupied by humans,
including homes, office buildings factories, outside recreation areas,
and plant facilities.
A small, well-defined outside area (such as a playground,
recreation area, outdoor theater, or other place of public assembly)
that is occupied by 20 or more persons on at least 5 days a week for 10
weeks in any 12-month period (the days and weeks need not be
consecutive). This has the same meaning and interpretation as the Class
3 criterion in Sec. 192.5(b)(3)(ii); or
Any portion of the paved surface, including shoulders, of
a designated interstate, other freeway, or expressway, as well as any
other principal arterial roadway with 4 or more lanes. This has the
same meaning and interpretation of section (1)(ii) of the ``moderate
consequence area'' definition in Sec. 192.3.
The table below summarizes the applicability of the Type C
requirements based on the size and location of a given segment.
[[Page 63289]]
------------------------------------------------------------------------
Not located near a Located near a
building intended building intended
for human occupancy for human occupancy
Outside diameter or other impacted or other impacted
site (Sec. site (Sec.
192.9(f)) 192.9(f))
------------------------------------------------------------------------
Greater than or equal to --Design, --Design,
8.625 inches up to and Construction, Construction,
including 12.75 inches. Initial Testing Initial Testing
(new/replaced/ (new/replaced/
relocated/changed relocated/changed
lines). lines).
--Damage Prevention. --Corrosion Control.
--Emergency plans... --Damage Prevention.
--Emergency Plans.
--Line Markers.
--Public Awareness.
--Leakage Surveys.
Greater than 12.75 inches up --Design, All Type C
to and including 16 inches. Construction, Requirements.
Initial Testing
(new/replaced/
relocated/changed
lines).
--Damage Prevention.
--Emergency Plans.
Greater than 16 inches...... All Type C All Type C
Requirements. Requirements.
------------------------------------------------------------------------
Section 60104(b) of the Pipeline Safety Acts exempts new design,
installation, construction, initial inspection, and initial testing
standards from applying to gathering lines that existed before the
effective date of this final rule. In other words, if a previously
unregulated gas gathering line becomes regulated by operation of this
final rule (and is not itself replaced, relocated, or otherwise changed
after the compliance date in Sec. 192.13), the operator is not
required to bring retroactively that pipeline facility into compliance
with the new design, installation, construction, initial inspection,
and initial testing requirements.
The rule also adds an exception in Sec. 192.9(f)(3) to these
requirements for segments shorter than 40 feet \78\ that are installed,
relocated, or changed on Type C gathering lines that were installed
before the effective date of the rule. Regulations in part 192 that do
not pertain to design, installation, construction, initial
installation, or initial testing may apply to the segment regardless of
the date of installation.
---------------------------------------------------------------------------
\78\ A single length of pipe is typically 40 feet in length.
---------------------------------------------------------------------------
In Sec. 192.9(g)(4), existing gathering lines that become
classified as Type C regulated gathering lines due to the publication
of this final rule have a 1-year compliance deadline to meet the
applicable requirements in this section. An operator may request an
alternative compliance deadline with a notification to PHMSA submitted
in accordance with Sec. 192.18 if the standard compliance deadline is
impracticable. This notification must include a description of the
affected facilities and operating environment and, for each requirement
that requires an alternative compliance deadline: The justification for
an alternative compliance deadline, and the operator's proposed
alternative deadline. The notification must also include a description
of actions the operator will take to ensure the safety of the affected
facilities in the interim. This notification must be submitted no later
than 90 days prior to the standard compliance deadline. The operator
may proceed with their proposed alternative deadline if they receive a
no objection letter from PHMSA or if PHMSA has not replied within 90
days of submitting the notification.
In Sec. 192.9(g)(5), operators of gathering lines that become
classified as Type C regulated gathering lines in the future due to an
increase in MAOP, a change in dwelling density, or a change in class
location have a 1-year compliance deadline to meet the requirements of
this section. Similarly, an operator of a Type C gathering line that
becomes subject to additional Type C requirements in the future, for
example when a change in dwelling density or increased MAOP causes the
exceptions in paragraph (f) to no longer apply, has a 1-year compliance
deadline to meet those additional requirements. Conforming changes were
made to paragraphs (g)(2) and (3) to clarify that the existing
implementation deadlines now apply only to Type A and Type B regulated
gathering lines.
The final rule also adds a new paragraph (h) to clarify that
operators may install or replace pipe or components made of composite
materials that are not otherwise authorized in part 192 on Type C
gathering lines upon submittal of a notification to PHMSA pursuant to
Sec. 192.18, unless PHMSA issues an objection letter to the operator's
notification. Under the Sec. 192.18 notification process, PHMSA will
evaluate the operator's proposed operation and maintenance procedures,
which includes the operator's proposed remediation methods and
procedures for identifying defects and determining the safe operating
pressures of composite pipe when defects are found. PHMSA will not
approve notifications that are not consistent with pipeline safety. A
rejection under Sec. 192.18 will not foreclose an operator's ability
to seek a special permit in accordance with Sec. 190.341.
Operators may continue to operate gathering lines containing
composite pipe or materials existing on or before the effective date of
the rule without notification to PHMSA. However, operators of Type C
pipelines must comply with all other applicable Type C requirements
once the final rule becomes effective. Additionally, per new Sec.
192.9(e)(1)(i), notification is not required for replacements,
relocations, or changes of composite pipe segments 40 feet or less in
length on pipelines that were installed before the effective date of
the rule. Replacements using composite materials on Type C gathering
lines, including composite materials installed per a notification,
require notification to PHMSA regardless of length. Replacing a segment
of composite pipe with steel or plastic pipe and components authorized
under part 192 does not require notification. The notification
requirement does apply to repairs involving replacements, relocations,
or significant changes to the pipe. If an operator discovers a
condition that requires immediate replacement, operators should
describe all urgent conditions in their notification to PHMSA, request
an emergency special permit under Sec. 190.341, or conduct the repair
using materials authorized under part 192, such as steel.
Sec. 192.13 What general requirements apply to pipelines regulated
under this part?
This is a conforming change that repeats the compliance deadlines
for Type C lines in Sec. 192.8 and clarifies that the previously
existing compliance deadlines for regulated gas gathering lines in that
section continue to apply
[[Page 63290]]
to Type A and Type B regulated gathering lines.
Sec. 192.18 How To Notify PHMSA
This is a conforming change in the final rule to allow the use of
the notification procedures in this section to comply with Sec. Sec.
192.8(b) and (g)(4), 192.9(h), and 192.619(c)(2).
Sec. 192.150 Passage of Internal Inspection Devices
Currently, this section provides that Type A regulated gathering
lines are exempt from the requirement that new gas transmission lines
be able to accommodate the passage of instrumented internal inspection
devices. This amendment clarifies that lower-risk Type B and Type C
lines are also exempt.
Sec. 192.452 How does this subpart apply to converted pipelines and
regulated onshore gathering lines?
This section of the final rule documents conforming changes to
address the applicability of part 192, subpart I, to unregulated
gathering lines that become Type C onshore regulated gathering lines.
Specifically, it covers previously unregulated gathering lines that
become regulated by operation of this final rule. Additionally, it
covers previously unregulated gathering lines that become subject to
Type C corrosion control requirements in the future due to a change in
MAOP or the presence of a building intended for human occupancy or
other impacted site. Such pipelines are treated as if they were
installed before August 1, 1971, for the purposes of subpart I. The
final rule also clarifies in paragraph (d) that gathering lines that
are subject to subpart I at the time of construction must meet the
corrosion control requirements applicable to pipelines installed after
July 31, 1971.
Sec. 192.619 Maximum Allowable Operating Pressure: Steel or Plastic
Pipelines
This section of the final rule includes conforming changes on the
applicability of Sec. 192.619 for determining the MAOP for newly
regulated gathering lines, i.e., Type C lines. Additionally, a new
paragraph (c)(2) has been added to allow operators of newly regulated
Type C gas gathering lines to establish an MAOP using ``other
technology'', upon notification to PHMSA in accordance with Sec.
192.18. This process would only be available to segments where the MAOP
was established under Sec. 192.619(c) and the operator does not have
the requisite operational pressure records because the pipeline was
previously unregulated and not required to retain such records. The
justification of the proposed MAOP must be reviewed and accepted by a
qualified technical subject matter expert. PHMSA expects a qualified
subject matter expert to be an individual with formal or on-the-job
technical training in the technical or operational area being analyzed,
evaluated, or assessed. The operator must be able to document that the
individual is appropriately knowledgeable and experienced in the
subject being assessed.
V. Availability of Standards Incorporated by Reference
PHMSA currently incorporates by reference into 49 CFR parts 192,
193, and 195 all or parts of more than 80 standards and specifications
developed and published by standard development organizations (SDO). In
general, SDOs update and revise their published standards every 2 to 5
years to reflect modern technology and best technical practices.
Sometimes multiple editions are published in a given year.
The National Technology Transfer and Advancement Act of 1995
(NTTAA, Pub. L. 104-113) directs Federal agencies to use standards
developed by voluntary consensus standards bodies in lieu of
government-written standards whenever possible. Voluntary consensus
standards bodies develop, establish, or coordinate technical standards
using agreed-upon procedures. In addition, OMB issued Circular A-119 to
implement section 12(d) of the NTTAA relative to the utilization of
consensus technical standards by Federal agencies.\79\ This circular
provides guidance for agencies participating in voluntary consensus
standards bodies and describes procedures for satisfying the reporting
requirements in the NTTAA.
---------------------------------------------------------------------------
\79\ 81 FR 4673 (Jan. 27, 2016).
---------------------------------------------------------------------------
Accordingly, PHMSA has the responsibility for determining, via
petitions or otherwise, which currently referenced standards should be
updated, revised, or removed, and which standards should be added to
the Federal Pipeline Safety Regulations. Revisions to materials
incorporated by reference in the Federal Pipeline Safety Regulations
are handled via the rulemaking process, which allows for the public and
regulated entities to provide input. During the rulemaking process,
PHMSA must also obtain approval from the Office of the Federal Register
to incorporate by reference any new materials.
Pursuant to 49 U.S.C. 60102(p), PHMSA may not issue amendments to
the Federal Pipeline Safety Regulations that incorporate by reference
any documents or portions thereof unless the documents or portions
thereof are made available to the public, free of charge. Further, the
Office of the Federal Register issued a rulemaking on November 7, 2014,
revising 1 CFR 51.5(b) to require that agencies detail in the preamble
of a final rule how the materials being incorporated by reference are
reasonably available to interested parties, and how interested parties
can obtain those materials.\80\
---------------------------------------------------------------------------
\80\ Incorporation by Reference, 79 FR 66278.
---------------------------------------------------------------------------
The only standard incorporated by reference in the final rule is
API RP 80. Free, online, read-only access to API RP 80 is available on
the API website (https://publications.api.org/AccessToDocuments.aspx;
navigate to the ``Exploration and Production'' category). Members of
the public interested in obtaining API RP 80 can contact API using the
contact information in this final rule's revisions to the regulatory
text at Sec. 192.7. In addition, PHMSA will provide individual members
of the public temporary access to this or any other standard that is
incorporated by reference in the Federal Pipeline Safety Regulations.
Requests for access can be sent to the following email address:
[email protected].
VI. Regulatory Analysis and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under the authority of Federal
Pipeline Safety Law. Section 60101(b) authorizes the Secretary of
Transportation to prescribe standards defining the term ``gathering
line'' that account for the functional and operational characteristics
of a pipeline. That section also authorizes the Secretary to prescribe
standards defining the term ``regulated gathering line,'' which must
consider factors such as location, length of line from the well site,
operating pressure, throughput, and the composition of the transported
gas. In addition, 49 U.S.C. 60102 authorizes the Secretary to issue
regulations governing design, installation, inspection, emergency plans
and procedures, testing, construction, extension, operation,
replacement, and maintenance of pipeline facilities. Further, 49 U.S.C.
60117(b)(2) authorizes the Secretary to require owners and operators of
gathering lines to submit information pertinent to the Secretary's
ability to make a determination as to whether and to what extent to
regulate gathering lines. The
[[Page 63291]]
Secretary delegated his authority to the PHMSA Administrator under 49
CFR 1.97.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866 (``Regulatory Planning and Review'') \81\
requires that agencies ``should assess all costs and benefits of
available regulatory alternatives, including the alternative of not
regulating.'' Agencies should consider quantifiable measures and
qualitative measures of costs and benefits that are difficult to
quantify. Further, Executive Order 12866 requires that ``agencies
should select those [regulatory] approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity), unless a
statute requires another regulatory approach.'' Similarly, DOT Order
2100.6A (``Rulemaking and Guidance Procedures'') requires that
regulations issued by PHMSA and other DOT Operating Administrations
should consider an assessment of the potential benefits, costs, and
other important impacts of the proposed action and should quantify (to
the extent practicable) the benefits, costs, and any significant
distributional impacts, including any environmental impacts.
---------------------------------------------------------------------------
\81\ 58 FR 51375 (Oct. 4, 1993).
---------------------------------------------------------------------------
Executive Order 12866 and DOT Order 2100.6A require that PHMSA
submit ``significant regulatory actions'' to the Office of Management
and Budget (OMB) for review. This final rule has been determined to be
significant under section 3(f) of Executive Order 12866 and was
reviewed by OMB. It is also considered significant under DOT Order
2100.6. The Office of Information and Regulatory Affairs (OIRA) has not
designated this rule as a ``major rule'' as defined by the
Congressional Review Act (5 U.S.C. 801 et seq.).
Executive Order 12866 and DOT Order 2100.6A also require PHMSA to
provide a meaningful opportunity for public participation, which
reinforces requirements for notice and comment in the Administrative
Procedure Act (APA, 5 U.S.C. 551 et seq.). In accord with the
requirement, PHMSA sought public comment on the proposals in the NPRM
(including preliminary cost and cost savings analyses pertaining to
those proposals), as well as any information that could assist in
evaluating the benefits and costs of this rulemaking. Those comments
are addressed, and additional discussion about the economic impacts of
the final rule are provided, within the final regulatory impact
analysis (RIA) posted in the docket.
PHMSA expects benefits of the final rule to consist of improved
safety and avoided environmental harms (including greenhouse gas
emissions) from reduction of risk of failures of onshore natural gas
gathering lines due to improved leak detections and subsequent repairs.
The expected benefits will depend on the degree to which compliance
actions result in additional safety measures, relative to the baseline,
and the effectiveness of these measures in preventing or mitigating
future pipeline failures. PHMSA estimates annualized costs of $13.7
million per year using a 7 percent discount rate. The costs for
compliance with annual reporting and, for Type C gathering lines,
compliance with part 192 are expected to be higher in the initial
compliance period, as operators will incur one-time costs to achieve
compliance in the years leading up to the compliance deadline.
Thereafter recurring costs are expected to be lower. For more
information, please see the RIA posted in the rulemaking docket.
C. Environmental Justice
DOT Order 5610.2C and Executive Orders 12898 (``Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations''),\82\ 13985 (``Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government''),\83\ 13990
(``Protecting Public Health and the Environment and Restoring Science
To Tackle the Climate Crisis''),\84\ and 14008 (``Tackling the Climate
Crisis at Home and Abroad'') \85\ require DOT agencies to achieve
environmental justice as part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects, including interrelated social and
economic effects, of their programs, policies, and activities on
minority populations, low-income populations, and other disadvantaged
communities.
---------------------------------------------------------------------------
\82\ 59 FR 7629 (Feb. 16, 1994).
\83\ 86 FR 7009 (Jan. 20, 2021).
\84\ 86 FR 7037 (Jan. 20, 2021).
\85\ 86 FR 7619 (Feb. 1, 2021).
---------------------------------------------------------------------------
PHMSA has evaluated this final rule under DOT Order 5610.2C and the
Executive orders listed above and has determined it would not cause
disproportionately high and adverse human health and environmental
effects on minority populations, low-income populations, or other
underserved and disadvantaged communities. The rulemaking is facially
neutral and national in scope; it is neither directed toward a
particular population, region, or community, nor is it expected to
adversely impact any particular population, region, or community. And
insofar as PHMSA expects the rulemaking would reduce the safety and
environmental risks associated with onshore natural gas gathering
lines, many of which are located in the vicinity of environmental
justice communities,\86\ PHMSA does not expect the regulatory
amendments introduced by this final rule would entail
disproportionately high adverse risks for minority populations, low-
income populations, or other underserved and other disadvantaged
communities in the vicinity of those pipelines. Lastly, as explained in
final environmental assessment (EA), PHMSA expects that the regulatory
amendments in this final rule will yield greenhouse gas emissions
reductions, thereby reducing the risks posed by anthropogenic climate
change to minority, low-income, underserved, and other disadvantaged
populations and communities.
---------------------------------------------------------------------------
\86\ See Ryan Emmanuel, et al., ``Natural Gas Gathering and
Transmission Pipelines and Social Vulnerability in the United
States,'' 5:6 GeoHealth (June 2021), https://agupubs.onlinelibrary.wiley.com/toc/24711403/2021/5/6 (concluding
that natural gas gathering and transmission infrastructure is
disproportionately sited in socially-vulnerable communities).
---------------------------------------------------------------------------
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA, 5 U.S.C. 601 et seq.) requires
Federal regulatory agencies to prepare a Final Regulatory Flexibility
Analysis (FRFA) for any final rule subject to notice-and-comment
rulemaking under the APA unless the agency head certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This final rule was developed in accordance with
Executive Order 13272 (``Proper Consideration of Small Entities in
Agency Rulemaking'') \87\ to promote compliance with the RFA and to
ensure that the potential impacts of the rulemaking on small entities
has been properly considered.
---------------------------------------------------------------------------
\87\ 67 FR 53461 (Aug. 16, 2002).
---------------------------------------------------------------------------
PHMSA does not have access to firm-level data on gathering line
operators that are not currently regulated under part 191 or 192.
However, based on data on regulated gathering line operators produced
by Dun and Bradstreet, approximately 40 percent of currently regulated
gathering line operators are identified as small entities, and those
entities operate approximately 24 percent of onshore regulated gas
gathering line mileage. Therefore, a
[[Page 63292]]
significant share of affected entities can be classified as small
entities. However, PHMSA expects the magnitude of the economic impact
on those entities to be limited, as the annualized costs of the final
rule represent only approximately 0.1 percent of annual industry
revenues for the entire crude oil transportation industry (NAICS code
486110), illustrating the minor financial impact on firms operating
within this space. PHMSA has prepared a FRFA, available in the docket
for the rulemaking, in which PHMSA certifies that the rule will not
have a significant impact on a substantial number of small entities.
E. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
PHMSA analyzed this final rule in accordance with the principles
and criteria in Executive Order 13175 (``Consultation and Coordination
with Indian Tribal Governments'') \88\ and DOT Order 5301.1
(``Department of Transportation Programs, Polices, and Procedures
Affecting American Indians, Alaska Natives, and Tribes''). Executive
Order 13175 requires agencies to assure meaningful and timely input
from Tribal government representatives in the development of rules that
significantly or uniquely affect Tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship and distribution of
power between the Federal Government and Tribes.
---------------------------------------------------------------------------
\88\ 65 FR 67249 (Nov. 6, 2000).
---------------------------------------------------------------------------
PHMSA assessed the impact of the rulemaking and determined that it
would not significantly or uniquely affect Tribal communities or Indian
Tribal governments. The rulemaking's regulatory amendments are facially
neutral and would have broad, national scope; PHMSA, therefore, does
not expect this rulemaking to significantly or uniquely affect Tribal
communities, much less impose substantial compliance costs on Native
American Tribal governments or mandate Tribal action. And insofar as
PHMSA expects the rulemaking will improve natural gas gathering line
safety and reduce environmental risks, PHMSA does not expect it would
entail disproportionately high adverse risks for Tribal communities.
PHMSA also received no comments alleging ``substantial direct
compliance costs'' or ``substantial direct effects'' on Tribal
communities and Governments. For these reasons, PHMSA has determined
the funding and consultation requirements of Executive Order 13175 and
DOT Order 5301.1 do not apply.
F. Paperwork Reduction Act
Pursuant to 5 CFR 1320.8(d), PHMSA is required to provide
interested members of the public and affected agencies with an
opportunity to comment on information collection and recordkeeping
requests. PHMSA expects this final rule to impact the information
collections described below.
PHMSA will submit an information collection revision request to OMB
for approval based on the requirements in this final rule. The
information collections are contained in the pipeline safety
regulations, 49 CFR parts 190 through 199. The following information is
provided for each information collection: (1) Title of the information
collection; (2) OMB control number; (3) Current expiration date; (4)
Type of request; (5) Abstract of the information collection activity;
(6) Description of affected public; (7) Estimate of total annual
reporting and recordkeeping burden; and (8) Frequency of collection.
The information collection burdens for the following information
collections are estimated to be revised as follows:
1. Title: Recordkeeping Requirements for Gas Pipeline Operators.
OMB Control Number: 2137-0049.
Current Expiration Date: 01/31/2023.
Abstract: A person owning or operating a natural gas pipeline
facility is required to maintain records, make reports, and provide
information to the Secretary of Transportation at the Secretary's
request. This mandatory information collection request would require
owners and/or operators of gas pipeline systems to make and maintain
records in accordance with the requirements prescribed in 49 CFR part
192 and to provide information to the Secretary of Transportation at
the Secretary's request. Certain records are maintained for a specific
length of time while others are required to be maintained for the life
of the pipeline. PHMSA uses these records to verify compliance with
regulated safety standards and to inform the agency on possible safety
risks.
Based on the provisions in the Safety of Gas Gathering Pipelines:
Extension of Reporting Requirements, Regulation of Large, High-Pressure
Lines, and Other Related Amendments final rule, PHMSA estimates that
370 new Type C gas gathering pipeline operators ~ (91,000 Type C miles
w/o prior regulation) will be subject to these requirements. PHMSA
estimates that it will take these 370 operators 6 hours to create and
maintain records associated with 49 CFR 192.9 requirements. Therefore,
PHMSA expects to add 370 responses and 2,220 hours to this information
collection as a result of the provisions in this final rule.
Affected Public: Natural Gas Pipeline Operators.
Annual Reporting and Recordkeeping Burden:
Total Annual Responses: 3,861,842.
Total Annual Burden Hours: 1,677,030.
Frequency of Collection: On occasion.
2. Title: Annual and Incident Reports for Gas Pipeline Operators.
OMB Control Number: 2137-0522.
Current Expiration Date: 10/31/2024.
Abstract: This mandatory information collection covers the
collection of annual and immediate notice of incident report data from
Gas pipeline operators. As a result of the Safety of Gas Gathering
Pipelines: Extension of Reporting Requirements, Regulation of Large,
High-Pressure Lines, and Other Related Amendments final rule, all gas
gathering operators will become subject to incident and annual
reporting requirements. PHMSA is revising this information collection
to account for the new addition to the reporting community. PHMSA will
require 500 currently unregulated gas gathering line operators (370
Type C operators and 130 Type R operators) to complete and submit
annual reports each year. Type C operators will submit annual report
data on DOT Form PHMS F7 100.2-1. The estimated burden for submitting
this form is 47 hours per report. Type R operators will submit annual
report data on the new DOT Form PHMSA F7 100.2-3. The estimated burden
for submitting this form is 21 hours per report. These changes will
result in an overall annual burden increase of 20,120 hours (17,390
hours annually for Type C operators and 2,730 hours annually for Type R
operators) for this information collection.
Gas Gathering operators will also be required to make immediate
telephonic notification of incidents, should they occur. PHMSA expects
that these previously unregulated operators will make approximately 85
telephonic notifications of incidents per year. PHMSA estimates that it
takes 30 minutes to complete a telephonic notification. As such, the
estimated burden for gas gathering operators to make immediate
notification of incidents is approximately 43 hours.
As a result of the provisions mentioned above, the burden for this
information collection will increase by 585 new responses and 10,543
burden hours.
Affected Public: Natural Gas Pipeline Operators.
[[Page 63293]]
Annual Reporting and Recordkeeping Burden:
Total Annual Responses: 2,832.
Total Annual Burden Hours: 91,964.
Frequency of Collection: Annually and on occasion.
3. Title: Incident Reports for Natural Gas Pipeline Operators.
OMB Control Number: 2137-0635.
Current Expiration Date: 10/31/2024.
Abstract: Operators of natural gas pipelines and LNG facilities are
required to report incidents, on occasion, to PHMSA per the
requirements in 49 CFR part 191. This mandatory information collection
covers the collection of incident report data from natural gas pipeline
operators. The reports contained within this information collection
support the Department of Transportation's strategic goal of safety.
This information is an essential part of PHMSA's overall effort to
minimize natural gas transmission, gathering, and distribution pipeline
failures. Due to the provisions contained within the Safety of Gas
Gathering Pipelines: Extension of Reporting Requirements, Regulation of
Large, High-Pressure Lines, and Other Related Amendments final rule,
operators will be required to submit reports of incidents that occur on
previously unregulated gas gathering systems.
Based on PHMSA's estimate of the mileage of Type C and Type R gas
gathering pipelines and the incident rate on Type A and Type B gas
gathering pipelines, PHMSA expects to receive approximately 85 incident
reports (18 Type C incident reports and 67 Type R incident reports)
each year from gas gathering operators. As a result, the burden for
this information collection will increase by 85 responses. The burden
per incident report is estimated at 12 hours per report. This results
in an estimated burden increase of 1,020 hours (216 hours for Type C
and 804 hours for Type R) per year.
Affected Public: Natural Gas Pipeline Operators.
Annual Reporting and Recordkeeping Burden:
Total Annual Responses: 344.
Total Annual Burden Hours: 4,128.
Frequency of Collection: On occasion.
4. Title: National Registry of Pipeline and LNG Operators.
OMB Control Number: 2137-0627.
Current Expiration Date: 01/31/2023.
Abstract: The National Registry of Pipeline and LNG Operators
serves as the storehouse for the reporting requirements for an operator
regulated or subject to reporting requirements under 49 CFR part 192,
193, or 195. This mandatory information collection would require
jurisdictional pipeline operators to submit the required data to
register with the National Registry of Pipeline and LNG Operators and
notify PHMSA when they experience significant asset changes, including
new construction, that affect PHMSA's ability to accurately monitor and
assess pipeline safety performance. Certain types of changes to, or
within, an operator's facilities or pipeline network represent
potential safety-altering activities for which PHMSA may need to
inspect, investigate, or otherwise oversee to ensure that any public
safety concerns are adequately and proactively addressed. The forms for
assigning and maintaining Operator Identification (OPID) information
are the Operator Assignment Request Form (PHMSA F 1000.1) and Operator
Registry Notification Form (PHMSA F 1000.2). The purpose of this
information collection is to maintain an accurate assessment of the
Nation's pipeline infrastructure and to be kept abreast of conditions
that could potentially compromise the safety and economic viability of
the U.S. pipeline system.
Due to the provisions contained within the Safety of Gas Gathering
Pipelines: Extension of Reporting Requirements, Regulation of Large,
High-Pressure Lines, and Other Related Amendments final rule, gas
gathering pipeline operators must now request OPIDs due to the repeal
of the reporting exception for gathering pipelines other than regulated
gathering lines as determined in Sec. 192.8. PHMSA plans to revise the
OPID Registry form and instructions to account for this addition to the
reporting community. PHMSA believes that many operators of previously
unregulated gathering lines are already submitting annual report data
for regulated gas gathering lines and may already have an OPID. As
such, PHMSA expects to receive approximately 13 new OPID requests.
PHMSA also requires these newly regulated operators to submit
notifications to PHMSA in certain instances. PHMSA similarly expects to
receive approximately 13 new notifications from gas gathering pipeline
operators. These additions will result in an increase to the burden of
this information collection by 26 responses and 26 burden hours.
Affected Public: Operators of Natural Gas, Hazardous Liquid, and
Liquefied Natural Gas pipelines.
Annual Reporting and Recordkeeping Burden:
Total Annual Responses: 744.
Total Annual Burden Hours: 744.
Frequency of Collection: On occasion.
Requests for copies of these information collections should be
directed to Angela Hill or Cameron Satterthwaite, Office of Pipeline
Safety (PHP-30), Pipeline Hazardous Materials Safety Administration
(PHMSA), 2nd Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, Telephone (202) 366-1246.
G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act (UMRA, 2 U.S.C. 1501 et seq.)
requires agencies to assess the effects of Federal regulatory actions
on State, local, and Tribal governments, and the private sector. For
any NPRM or final rule that includes a Federal mandate that may result
in the expenditure by State, local, and Tribal governments, in the
aggregate of $100 million or more (in 1996 dollars) in any given year,
the agency must prepare, amongst other things, a written statement that
qualitatively and quantitatively assesses the costs and benefits of the
Federal mandate. PHMSA prepared a final RIA and determined that this
final rule does not impose enforceable duties on State, local, or
Tribal governments or on the private sector of $100 million or more (in
1996 dollars) in any one year. A copy of the RIA is available for
review in the docket of this rulemaking.
H. National Environmental Policy Act
The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321
et seq.) requires Federal agencies to consider the consequences of
major Federal actions and prepare a detailed statement on actions
significantly affecting the quality of the human environment. The
Council on Environmental Quality implementing regulations (40 CFR parts
1500-1508) require Federal agencies to conduct an environmental review
considering (1) the need for the action, (2) alternatives to the
action, (3) probable environmental impacts of the action and
alternatives, and (4) the agencies and persons consulted during the
consideration process. DOT Order 5610.1C (``Procedures for Considering
Environmental Impacts'') establishes departmental procedures for
evaluation of environmental impacts under NEPA and its implementing
regulations.
PHMSA has completed its NEPA analysis. Based on the environmental
assessment, PHMSA determined that an environmental impact statement is
not required for this rulemaking because it will not have a significant
impact on the human environment. The final EA and Finding of No
Significant Impact have been placed into the docket addressing the
comments received.
[[Page 63294]]
I. Executive Order 13132: Federalism
PHMSA analyzed this final rule in accordance with Executive Order
13132 (``Federalism'').\89\ Executive Order 13132 requires agencies to
assure meaningful and timely input by State and local officials in the
development of regulatory policies that may have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
---------------------------------------------------------------------------
\89\ 64 FR 43255 (Aug. 10, 1999).
---------------------------------------------------------------------------
This final rule does not have a substantial direct effect on State
and local governments, the relationship between the National Government
and the States, or the distribution of power and responsibilities among
the various levels of government. This rulemaking action does not
impose substantial direct compliance costs on State and local
governments. The final rule exercises PHMSA's existing authority to
require operators of gas gathering line to submit safety data (49
U.S.C. 60117(b)(2)) and to define and establish safety standards for
regulated gas gathering lines (49 U.S.C. 60101(b)). PHMSA determined
the final rule's changes to the requirements for onshore gas gathering
lines were necessary based on the results of PHMSA's review of existing
gas gathering requirements performed pursuant to section 21 of the 2011
Pipeline Safety Act.
Section 60104(c) of Federal Pipeline Safety Law prohibits certain
State safety regulation of interstate pipelines. Under the pipeline
safety laws, States that have submitted a current certification under
section 60105(a) can augment Federal pipeline safety requirements for
intrastate pipelines regulated by PHMSA but may not approve safety
requirements less stringent than those required by Federal law. A State
may also regulate an intrastate pipeline facility that PHMSA does not
regulate.
In this instance, the preemptive effect of the final rule is
limited to the minimum level necessary to achieve the objectives of the
Federal Pipeline Safety Law under which the final rule is promulgated.
Therefore, the consultation and funding requirements of Executive Order
13132 do not apply.
J. Executive Order 13211: Significant Energy Actions
Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') \90\
requires Federal agencies to prepare a Statement of Energy Effects for
any ``significant energy action.'' Executive Order 13211 defines a
``significant energy action'' as any action by an agency (normally
published in the Federal Register) that promulgates, or is expected to
lead to the promulgation of, a final rule or regulation that (1)(i) is
a significant regulatory action under Executive Order 12866 or any
successor order and (ii) is likely to have a significant adverse effect
on the supply, distribution, or use of energy (including a shortfall in
supply, price increases, and increased use of foreign supplies); or (2)
is designated by the Administrator of the OIRA as a significant energy
action.
---------------------------------------------------------------------------
\90\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------
This final rule is a significant action under Executive Order
12866; however, it is expected to have an annual effect on the economy
of less than $100 million. Further, this final rule is not likely to
have a significant adverse effect on supply, distribution, or energy
use, as further discussed in the RIA. Further, OIRA has not designated
this final rule as a significant energy action.
K. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
L. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
M. Executive Order 13609 and International Trade Analysis
Executive Order 13609 (``Promoting International Regulatory
Cooperation'') \91\ requires agencies to consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
---------------------------------------------------------------------------
\91\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------
Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
PHMSA participates in the establishment of international standards
to protect the safety of the American public. PHMSA has assessed the
effects of the rulemaking and determined that it will not cause
unnecessary obstacles to foreign trade.
List of Subjects
49 CFR Part 191
MAOP exceedance, Pipeline reporting requirements.
49 CFR Part 192
Incorporation by reference, Integrity assessments, MAOP
reconfirmation, Material verification, Pipeline safety, Predicted
failure pressure, Reporting and recordkeeping requirements, Risk
assessment, Safety devices.
In consideration of the foregoing, PHMSA amends 49 CFR parts 191
and 192 as follows:
PART 191--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE;
ANNUAL, INCIDENT, AND OTHER REPORTING
0
1. The authority citation for part 191 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5121, 60101 et seq.,
and 49 CFR 1.97.
0
2. The heading for part 191 is revised to read as set forth above.
0
3. In Sec. 191.1, paragraphs (a) and (b)(2) and (3) are revised,
paragraph (b)(4) is removed, and paragraph (c) is added to read as
follows:
[[Page 63295]]
Sec. 191.1 Scope.
(a) This part prescribes requirements for the reporting of
incidents, safety-related conditions, annual pipeline summary data,
National Operator Registry information, and other miscellaneous
conditions by operators of underground natural gas storage facilities
and natural gas pipeline facilities located in the United States or
Puerto Rico, including underground natural gas storage facilities and
pipelines within the limits of the Outer Continental Shelf as that term
is defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331).
This part applies to offshore gathering lines (except as provided in
paragraph (b) of this section) and to onshore gathering lines,
including Type R gathering lines as determined in Sec. 192.8 of this
chapter.
(b) * * *
(2) Pipelines on the Outer Continental Shelf (OCS) that are
producer-operated and cross into State waters without first connecting
to a transporting operator's facility on the OCS, upstream (generally
seaward) of the last valve on the last production facility on the OCS.
Safety equipment protecting PHMSA-regulated pipeline segments is not
excluded. Producing operators for those pipeline segments upstream of
the last valve of the last production facility on the OCS may petition
the Administrator, or designee, for approval to operate under Pipeline
and Hazardous Materials Safety Administration (PHMSA) regulations
governing pipeline design, construction, operation, and maintenance
under 49 CFR 190.9; or
(3) Pipelines on the Outer Continental Shelf upstream of the point
at which operating responsibility transfers from a producing operator
to a transporting operator.
(c) Sections 191.22(b) and (c) and 191.23 do not apply to the
onshore gathering of gas--
(1) Through a pipeline that operates at less than 0 psig (0 kPa);
(2) Through a pipeline that is not a regulated onshore gathering
pipeline; or
(3) Within inlets of the Gulf of Mexico, except for the
requirements in Sec. 192.612 of this chapter.
0
4. In Sec. 191.3, add definitions for ``Regulated onshore gathering''
and ``Reporting-regulated gathering'' in alphabetical order to read as
follows:
Sec. 191.3 Definitions.
* * * * *
Regulated onshore gathering means a Type A, Type B, or Type C gas
gathering pipeline system as determined in Sec. 192.8 of this chapter.
Reporting-regulated gathering means a Type R gathering line as
determined in Sec. 192.8 of this chapter. A Type R gathering line is
subject only to this part.
* * * * *
0
5. In Sec. 191.15, paragraph (a) is revised to read as follows:
Sec. 191.15 Transmission systems; gathering systems; liquefied
natural gas facilities; and underground natural gas storage facilities:
Incident report.
(a) Pipeline systems--(1) Transmission or regulated onshore
gathering. Each operator of a transmission pipeline system or a
regulated onshore gathering pipeline system must submit Department of
Transportation (DOT) Form PHMSA F 7100.2 as soon as practicable but not
more than 30 days after detection of an incident required to be
reported under Sec. 191.5.
(2) Reporting-regulated gathering. Each operator of a reporting-
regulated gathering pipeline system must submit DOT Form PHMSA F
7100.2-2 as soon as practicable but not more than 30 days after
detection of an incident required to be reported under Sec. 191.5 that
occurs after May 16, 2022.
* * * * *
0
6. In Sec. 191.17, paragraph (a) is revised to read as follows:
Sec. 191.17 Transmission systems; gathering systems; liquefied
natural gas facilities; and underground natural gas storage facilities:
Annual report.
(a) Pipeline systems--(1) Transmission or regulated onshore
gathering. Each operator of a transmission or a regulated onshore
gathering pipeline system must submit an annual report for that system
on DOT Form PHMSA F 7100.2-1. This report must be submitted each year,
not later than March 15, for the preceding calendar year.
(2) Type R gathering. Beginning with an initial annual report
submitted in March 2023 for the 2022 calendar year, each operator of a
reporting-regulated gas gathering pipeline system must submit an annual
report for that system on DOT Form PHMSA F 7100.2-3. This report must
be submitted each year, not later than March 15, for the preceding
calendar year.
* * * * *
0
7. In Sec. 191.23, revise paragraph (b)(1) to read as follows:
Sec. 191.23 Reporting safety-related conditions.
* * * * *
(b) * * *
(1) Exists on a master meter system, a reporting-regulated
gathering pipeline, or a customer-owned service line;
* * * * *
0
8. In Sec. 191.29, paragraph (c) is added to read as follows:
Sec. 191.29 National Pipeline Mapping System.
* * * * *
(c) This section does not apply to gathering pipelines.
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
0
9. The authority citation for part 192 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et seq.,
and 49 CFR 1.97.
0
10. In Sec. 192.3, add a definition for ``Composite materials'' in
alphabetical order to read as follows:
Sec. 192.3 Definitions.
* * * * *
Composite materials means materials used to make pipe or components
manufactured with a combination of either steel and/or plastic and with
a reinforcing material to maintain its circumferential or longitudinal
strength.
* * * * *
0
11. Amend Sec. 192.8 as follows:
0
a. Revise the section heading;
0
b. Add paragraph (a)(5);
0
c. Redesignate paragraph (b) as a paragraph (c);
0
d. Add new paragraph (b); and
0
e. Revise newly redesignated paragraph (c).
The revisions and addition read as follows:
Sec. 192.8 How are onshore gathering pipelines and regulated onshore
gathering pipelines determined?
(a) * * *
(5) For new, replaced, relocated, or otherwise changed gas
gathering pipelines installed after May 16, 2022, the endpoint of
gathering under sections 2.2(a)(1)(E) and 2.2.1.2.6 of API RP 80
(incorporated by reference, see Sec. 192.7)--also known as
``incidental gathering''--may not be used if the pipeline terminates 10
or more miles downstream from the furthermost downstream endpoint as
defined in paragraphs 2.2(a)(1)(A) through (a)(1)(D) of API RP 80
(incorporated by reference, see Sec. 192.7) and this section. If an
``incidental gathering'' pipeline is 10 miles or more in length, the
entire portion of the pipeline that is designated as an incidental
gathering line under 2.2(a)(1)(E) and 2.2.1.2.6 of
[[Page 63296]]
API RP 80 shall be classified as a transmission pipeline subject to all
applicable regulations in this chapter for transmission pipelines.
(b) Each operator must determine and maintain for the life of the
pipeline records documenting the methodology by which it calculated the
beginning and end points of each onshore gathering pipeline it
operates, as described in the second column of table 1 to paragraph
(c)(2) of this section, by:
(1) November 16, 2022, or before the pipeline is placed into
operation, whichever is later; or
(2) An alternative deadline approved by the Pipeline and Hazardous
Materials Safety Administration (PHMSA). The operator must notify PHMSA
and State or local pipeline safety authorities, as applicable, no later
than 90 days in advance of the deadline in paragraph (b)(1) of this
section. The notification must be made in accordance with Sec. 192.18
and must include the following information:
(i) Description of the affected facilities and operating
environment;
(ii) Justification for an alternative compliance deadline; and
(iii) Proposed alternative deadline.
(c) For purposes of part 191 of this chapter and Sec. 192.9, the
term ``regulated onshore gathering pipeline'' means:
(1) Each Type A, Type B, or Type C onshore gathering pipeline (or
segment of onshore gathering pipeline) with a feature described in the
second column of table 1 to paragraph (c)(2) of this section that lies
in an area described in the third column; and
(2) As applicable, additional lengths of pipeline described in the
fourth column to provide a safety buffer:
Table 1 to Paragraph (c)(2)
------------------------------------------------------------------------
Additional
Type Feature Area safety buffer
------------------------------------------------------------------------
A.................. --Metallic and Class 2, 3, or 4 None.
the MAOP location (see
produces a hoop Sec. 192.5).
stress of 20
percent or more
of SMYS.
--If the stress
level is
unknown, an
operator must
determine the
stress level
according to
the applicable
provisions in
subpart C of
this part.
--Non-metallic
and the MAOP is
more than 125
psig (862 kPa).
B.................. --Metallic and Area 1. Class 3, If the
the MAOP or 4 location. gathering
produces a hoop Area 2. An area pipeline is in
stress of less within a Class Area 2(b) or
than 20 percent 2 location the 2(c), the
of SMYS. If the operator additional
stress level is determines by lengths of
unknown, an using any of line extend
operator must the following upstream and
determine the three methods:. downstream
stress level (a) A Class 2 from the area
according to location;. to a point
the applicable (b) An area where the line
provisions in extending 150 is at least
subpart C of feet (45.7 m) 150 feet (45.7
this part. on each side of m) from the
--Non-metallic the centerline nearest
and the MAOP is of any dwelling in
125 psig (862 continuous 1 the area.
kPa) or less. mile (1.6 km) However, if a
of pipeline and cluster of
including more dwellings in
than 10 but Area 2(b) or
fewer than 46 2(c) qualifies
dwellings; or. a pipeline as
(c) An area Type B, the
extending 150 Type B
feet (45.7 m) classification
on each side of ends 150 feet
the centerline (45.7 m) from
of any the nearest
continuous 1000 dwelling in
feet (305 m) of the cluster.
pipeline and
including 5 or
more dwellings.
C.................. Outside diameter Class 1 location None.
greater than or
equal to 8.625
inches and any
of the
following:
--Metallic and
the MAOP
produces a hoop
stress of 20
percent or more
of SMYS;.
--If the stress
level is
unknown,
segment is
metallic and
the MAOP is
more than 125
psig (862 kPa);
or.
--Non-metallic
and the MAOP is
more than 125
psig (862 kPa).
R.................. --All other Class 1 and None.
onshore Class 2
gathering lines. locations.
------------------------------------------------------------------------
(3) A Type R gathering line is subject to reporting requirements
under part 191 of this chapter but is not a regulated onshore gathering
line under this part.
0
12. Amend Sec. 192.9 as follows:
0
a. Revise the section heading;
0
b. Redesignate paragraph (e) as paragraph (g);
0
c. Add a new paragraph (e) and paragraph (f);
0
d. Revise newly redesignated paragraphs (g)(2) and (3);
0
e. Add paragraphs (g)(4) and (5); and
0
f. Add paragraph (h).
The revisions and additions read as follows:
Sec. 192.9 What requirements apply to gathering pipelines?
* * * * *
(e) Type C lines. The requirements for Type C gathering lines are
as follows.
(1) An operator of a Type C onshore gathering line with an outside
diameter greater than or equal to 8.625 inches must comply with the
following requirements:
(i) Except as provided in paragraph (h) of this section for pipe
and components made with composite materials, the design, installation,
construction, initial inspection, and initial testing of a new,
replaced, relocated, or otherwise changed Type C gathering line, must
be done in accordance with the requirements in subparts B though G and
J of this part applicable to transmission lines. Compliance with
Sec. Sec. 192.67, 192.127, 192.205, 192.227(c), 192.285(e), and
192.506 is not required;
(ii) If the pipeline is metallic, control corrosion according to
requirements of
[[Page 63297]]
subpart I of this part applicable to transmission lines except for
Sec. 192.493;
(iii) Carry out a damage prevention program under Sec. 192.614;
(iv) Develop and implement procedures for emergency plans in
accordance with Sec. 192.615;
(v) Develop and implement a written public awareness program in
accordance with Sec. 192.616;
(vi) Install and maintain line markers according to the
requirements for transmission lines in Sec. 192.707; and
(vii) Conduct leakage surveys in accordance with the requirements
for transmission lines in Sec. 192.706 using leak-detection equipment,
and promptly repair hazardous leaks in accordance with Sec.
192.703(c).
(2) An operator of a Type C onshore gathering line with an outside
diameter greater than 12.75 inches must comply with the requirements in
paragraph (e)(1) of this section and the following:
(i) If the pipeline contains plastic pipe, the operator must comply
with all applicable requirements of this part for plastic pipe or
components. This does not include pipe and components made of composite
materials that incorporate plastic in the design; and
(ii) Establish the MAOP of the pipeline under Sec. 192.619(a) or
(c) and maintain records used to establish the MAOP for the life of the
pipeline.
(f) Exceptions. (1) Compliance with paragraphs (e)(1)(ii), (v),
(vi), and (vii) and (e)(2)(i) and (ii) of this section is not required
for pipeline segments that are 16 inches or less in outside diameter if
one of the following criteria are met:
(i) Method 1. The segment is not located within a potential impact
circle containing a building intended for human occupancy or other
impacted site. The potential impact circle must be calculated as
specified in Sec. 192.903, except that a factor of 0.73 must be used
instead of 0.69. The MAOP used in this calculation must be determined
and documented in accordance with paragraph (e)(2)(ii) of this section.
(ii) Method 2. The segment is not located within a class location
unit (see Sec. 192.5) containing a building intended for human
occupancy or other impacted site.
(2) Paragraph (e)(1)(i) of this section is not applicable to
pipeline segments 40 feet or shorter in length that are replaced,
relocated, or changed on a pipeline existing on or before May 16, 2022.
(3) For purposes of this section, the term ``building intended for
human occupancy or other impacted site'' means any of the following:
(i) Any building that may be occupied by humans, including homes,
office buildings factories, outside recreation areas, plant facilities,
etc.;
(ii) A small, well-defined outside area (such as a playground,
recreation area, outdoor theater, or other place of public assembly)
that is occupied by 20 or more persons on at least 5 days a week for 10
weeks in any 12-month period (the days and weeks need not be
consecutive); or
(iii) Any portion of the paved surface, including shoulders, of a
designated interstate, other freeway, or expressway, as well as any
other principal arterial roadway with 4 or more lanes.
(g) * * *
(2) If a Type A or Type B regulated onshore gathering pipeline
existing on April 14, 2006, was not previously subject to this part, an
operator has until the date stated in the second column to comply with
the applicable requirement for the pipeline listed in the first column,
unless the Administrator finds a later deadline is justified in a
particular case:
------------------------------------------------------------------------
Requirement Compliance deadline
------------------------------------------------------------------------
(i) Control corrosion according to April 15, 2009.
requirements for transmission lines in
subpart I of this part.
(ii) Carry out a damage prevention program October 15, 2007.
under Sec. 192.614.
(iii) Establish MAOP under Sec. 192.619. October 15, 2007.
(iv) Install and maintain line markers April 15, 2008.
under Sec. 192.707.
(v) Establish a public education program April 15, 2008.
under Sec. 192.616.
(vi) Other provisions of this part as April 15, 2009.
required by paragraph (c) of this section
for Type A lines.
------------------------------------------------------------------------
(3) If, after April 14, 2006, a change in class location or
increase in dwelling density causes an onshore gathering pipeline to
become a Type A or Type B regulated onshore gathering line, the
operator has 1 year for Type B lines and 2 years for Type A lines after
the pipeline becomes a regulated onshore gathering pipeline to comply
with this section.
(4) If a Type C gathering pipeline existing on or before May 16,
2022, was not previously subject to this part, an operator must comply
with the applicable requirements of this section, except for paragraph
(h) of this section, on or before:
(i) May 16, 2023; or
(ii) An alternative deadline approved by PHMSA. The operator must
notify PHMSA and State or local pipeline safety authorities, as
applicable, no later than 90 days in advance of the deadline in
paragraph (b)(1) of this section. The notification must be made in
accordance with Sec. 192.18 and must include a description of the
affected facilities and operating environment, the proposed alternative
deadline for each affected requirement, the justification for each
alternative compliance deadline, and actions the operator will take to
ensure the safety of affected facilities.
(5) If, after May 16, 2022, a change in class location, an increase
in dwelling density, or an increase in MAOP causes a pipeline to become
a Type C gathering pipeline, or causes a Type C gathering pipeline to
become subject to additional Type C requirements (see paragraph (f) of
this section), the operator has 1 year after the pipeline becomes
subject to the additional requirements to comply with this section.
(h) Composite materials. Pipe and components made with composite
materials not otherwise authorized for use under this part may be used
on Type C gathering pipelines if the following requirements are met:
(1) Steel and plastic pipe and components must meet the
installation, construction, initial inspection, and initial testing
requirements in subparts B though G and J of this part applicable to
transmission lines.
(2) Operators must notify PHMSA in accordance with Sec. 192.18 at
least 90 days prior to installing new or replacement pipe or components
made of composite materials otherwise not authorized for use under this
part in a Type C gathering pipeline. The notifications required by this
section must include a detailed description of the pipeline facilities
in which pipe or components made of composite materials would be used,
including:
(i) The beginning and end points (stationing by footage and mileage
with latitude and longitude coordinates) of the pipeline segment
containing composite pipeline material and the counties and States in
which it is located;
(ii) A general description of the right-of-way including high
consequence areas, as defined in Sec. 192.905;
[[Page 63298]]
(iii) Relevant pipeline design and construction information
including the year of installation, the specific composite material,
diameter, wall thickness, and any manufacturing and construction
specifications for the pipeline;
(iv) Relevant operating information, including MAOP, leak and
failure history, and the most recent pressure test (identification of
the actual pipe tested, minimum and maximum test pressure, duration of
test, any leaks and any test logs and charts) or assessment results;
(v) An explanation of the circumstances that the operator believes
make the use of composite pipeline material appropriate and how the
design, construction, operations, and maintenance will mitigate safety
and environmental risks;
(vi) An explanation of procedures and tests that will be conducted
periodically over the life of the composite pipeline material to
document that its strength is being maintained;
(vii) Operations and maintenance procedures that will be applied to
the alternative materials. These include procedures that will be used
to evaluate and remediate anomalies and how the operator will determine
safe operating pressures for composite pipe when defects are found;
(viii) An explanation of how the use of composite pipeline material
would be in the public interest; and
(ix) A certification signed by a vice president (or equivalent or
higher officer) of the operator's company that operation of the
applicant's pipeline using composite pipeline material would be
consistent with pipeline safety.
(3) Repairs or replacements using materials authorized under this
part do not require notification under this section.
0
13. In Sec. 192.13, paragraphs (a) and (b) are revised to read as
follows:
Sec. 192.13 What general requirements apply to pipelines regulated
under this part?
(a) No person may operate a segment of pipeline listed in the first
column of paragraph (a)(3) of this section that is readied for service
after the date in the second column, unless:
(1) The pipeline has been designed, installed, constructed,
initially inspected, and initially tested in accordance with this part;
or
(2) The pipeline qualifies for use under this part according to the
requirements in Sec. 192.14.
(3) The compliance deadlines are as follows:
------------------------------------------------------------------------
Pipeline Date
------------------------------------------------------------------------
(i) Offshore gathering pipeline........... July 31, 1977.
(ii) Regulated onshore gathering pipeline March 15, 2007.
to which this part did not apply until
April 14, 2006.
(iii) Regulated onshore gathering pipeline May 16, 2023.
to which this part did not apply until
May 16, 2022.
(iv) All other pipelines.................. March 12, 1971.
------------------------------------------------------------------------
(b) No person may operate a segment of pipeline listed in the first
column of this paragraph (b) that is replaced, relocated, or otherwise
changed after the date in the second column of this paragraph (b),
unless the replacement, relocation or change has been made according to
the requirements in this part.
------------------------------------------------------------------------
Pipeline Date
------------------------------------------------------------------------
(1) Offshore gathering pipeline........... July 31, 1977.
(2) Regulated onshore gathering pipeline March 15, 2007.
to which this part did not apply until
April 14, 2006.
(3) Regulated onshore gathering pipeline May 16, 2023.
to which this part did not apply until
May 16, 2022.
(4) All other pipelines................... November 12, 1970.
------------------------------------------------------------------------
* * * * *
0
14. In Sec. 192.18, paragraph (c) is revised to read as follows:
Sec. 192.18 How to notify PHMSA.
* * * * *
(c) Unless otherwise specified, if the notification is made
pursuant to Sec. 192.8(b)(2), Sec. 192.9(g)(4)(ii) and (h), Sec.
192.461(g), Sec. 192.506(b), Sec. 192.607(e)(4) and (5), Sec.
192.619(c)(2), Sec. 192.624(c)(2)(iii) and (c)(6), Sec.
192.632(b)(3), Sec. 192.710(c)(7), Sec. 192.712(d)(3)(iv) and
(e)(2)(i)(E), Sec. 192.921(a)(7), Sec. 192.927(b), or Sec.
192.937(c)(7) to use a different integrity assessment method,
analytical method, compliance period, sampling approach, pipeline
material, or technique (i.e., ``other technology'') that differs from
that prescribed in those sections, the operator must notify PHMSA at
least 90 days in advance of using the other technology. An operator may
proceed to use the other technology 91 days after submittal of the
notification unless it receives a letter from the Associate
Administrator for Pipeline Safety informing the operator that PHMSA
objects to the proposed use of other technology or that PHMSA requires
additional time to conduct its review.
0
15. Amend Sec. 192.150 as follows:
0
a. In paragraph (b)(7)(ii), remove the word ``and'';
0
b. Redesignate paragraph (b)(8) as paragraph (b)(9); and
0
c. Add a new paragraph (b)(8).
The addition reads as follows:
Sec. 192.150 Passage of internal inspection devices.
* * * * *
(b) * * *
(8) Gathering lines; and
* * * * *
0
16. In Sec. 192.452, revise the section heading and paragraph (b)
introductory text and add paragraphs (c) and (d) to read as follows:
Sec. 192.452 How does this subpart apply to converted pipelines and
regulated onshore gathering pipelines?
* * * * *
(b) Type A and B onshore gathering lines. For any Type A or Type B
regulated onshore gathering line under Sec. 192.9 existing on April
14, 2006, that was not previously subject to this part, and for any
onshore gathering line that becomes a regulated onshore gathering line
under Sec. 192.9 after April 14, 2006, because of a change in class
location or increase in dwelling density:
* * * * *
(c) Type C onshore regulated gathering lines. For any Type C
onshore regulated gathering pipeline under Sec. 192.9 existing on May
16, 2022, that was not previously subject to this part, and for any
Type C onshore gas gathering pipeline that becomes subject to this
subpart after May 16, 2022, because of an increase in MAOP, change in
class location, or presence of a building intended for human occupancy
or other impacted site:
(1) The requirements of this subpart specifically applicable to
pipelines installed before August 1, 1971, apply to the gathering line
regardless of the date the pipeline was actually installed; and
(2) The requirements of this subpart specifically applicable to
pipelines installed after July 31, 1971, apply only if the pipeline
substantially meets those requirements.
(d) Regulated onshore gathering lines generally. Any gathering line
that is subject to this subpart per Sec. 192.9 at the time of
construction must meet the requirements of this subpart applicable to
pipelines installed after July 31, 1971.
[[Page 63299]]
0
17. In Sec. 192.619, revise paragraph (a)(3) and paragraph (c) to read
as follows:
Sec. 192.619 Maximum allowable operating pressure: Steel or plastic
pipelines.
(a) * * *
(3) The highest actual operating pressure to which the segment was
subjected during the 5 years preceding the applicable date in the
second column. This pressure restriction applies unless the segment was
tested according to the requirements in paragraph (a)(2) of this
section after the applicable date in the third column or the segment
was uprated according to the requirements in subpart K of this part:
------------------------------------------------------------------------
Pipeline segment Pressure date Test date
------------------------------------------------------------------------
(i) Onshore regulated gathering March 15, 2006, or 5 years preceding
pipeline (Type A or Type B date pipeline applicable date
under Sec. 192.9(d)) that becomes subject in second column.
first became subject to this to this part,
part (other than Sec. whichever is
192.612) after April 13, 2006. later.
(ii) Onshore regulated gathering May 16, 2023, or 5 years preceding
pipeline (Type C under Sec. date pipeline applicable date
192.9(d)) that first became becomes subject in second column.
subject to this part (other to this part,
than Sec. 192.612) on or whichever is
after May 16, 2022. later.
(iii) Onshore transmission March 15, 2006, or 5 years preceding
pipeline that was a gathering date pipeline applicable date
pipeline not subject to this becomes subject in second column.
part before March 15, 2006. to this part,
whichever is
later.
(iv) Offshore gathering July 1, 1976...... July 1, 1971.
pipelines.
(v) All other pipelines......... July 1, 1970...... July 1, 1965.
------------------------------------------------------------------------
* * * * *
(c) The requirements on pressure restrictions in this section do
not apply in the following instances:
(1) An operator may operate a segment of pipeline found to be in
satisfactory condition, considering its operating and maintenance
history, at the highest actual operating pressure to which the segment
was subjected during the 5 years preceding the applicable date in the
second column of the table in paragraph (a)(3) of this section. An
operator must still comply with Sec. 192.611.
(2) For any Type C gas gathering pipeline under Sec. 192.9
existing on or before May 16, 2022, that was not previously subject to
this part and the operator cannot determine the actual operating
pressure of the pipeline for the 5 years preceding May 16, 2023, the
operator may establish MAOP using other criteria based on a combination
of operating conditions, other tests, and design with approval from
PHMSA. The operator must notify PHMSA in accordance with Sec. 192.18.
The notification must include the following information:
(i) The proposed MAOP of the pipeline;
(ii) Description of pipeline segment for which alternate methods
are used to establish MAOP, including diameter, wall thickness, pipe
grade, seam type, location, endpoints, other pertinent material
properties, and age;
(iii) Pipeline operating data, including operating history and
maintenance history;
(iv) Description of methods being used to establish MAOP;
(v) Technical justification for use of the methods chosen to
establish MAOP; and
(vi) Evidence of review and acceptance of the justification by a
qualified technical subject matter expert.
* * * * *
Issued in Washington, DC on November 2, 2021, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Acting Administrator.
[FR Doc. 2021-24240 Filed 11-12-21; 8:45 am]
BILLING CODE 4910-60-P
