Notice2021-12155
Pipeline Safety: Statutory Mandate To Update Inspection and Maintenance Plans To Address Eliminating Hazardous Leaks and Minimizing Releases of Natural Gas From Pipeline Facilities
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 10, 2021
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA is issuing this advisory bulletin to remind each owner and operator of a pipeline facility that the "Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020" (PIPES Act of 2020) contains a self-executing mandate requiring operators to update their inspection and maintenance plans to address eliminating hazardous leaks and minimizing releases of natural gas (including intentional venting during normal operations) from their pipeline facilities. Operators must also revise their plans to address the replacement or remediation of pipeline facilities that are known to leak based on their material, design, or past operating and maintenance history. The statute requires pipeline operators to complete these updates by December 27, 2021.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 110 (Thursday, June 10, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Pages 31002-31003]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12155]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2021-0050]
Pipeline Safety: Statutory Mandate To Update Inspection and
Maintenance Plans To Address Eliminating Hazardous Leaks and Minimizing
Releases of Natural Gas From Pipeline Facilities
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.
ACTION: Notice; issuance of advisory bulletin.
-----------------------------------------------------------------------
SUMMARY: PHMSA is issuing this advisory bulletin to remind each owner
and operator of a pipeline facility that the ``Protecting our
Infrastructure of Pipelines and Enhancing Safety Act of 2020'' (PIPES
Act of 2020) contains a self-executing mandate requiring operators to
update their inspection and maintenance plans to address eliminating
hazardous leaks and minimizing releases of natural gas (including
intentional venting during normal operations) from their pipeline
facilities. Operators must also revise their plans to address the
replacement or remediation of pipeline facilities that are known to
leak based on their material, design, or past operating and maintenance
history. The statute requires pipeline operators to complete these
updates by December 27, 2021.
FOR FURTHER INFORMATION CONTACT: Sayler Palabrica, by phone at 202-366-
0559 or by email at <a href="/cdn-cgi/l/email-protection#f5a6948c999087dba594999497879c9694b5919a81db929a83"><span class="__cf_email__" data-cfemail="d380b2aabfb6a1fd83b2bfb2b1a1bab0b293b7bca7fdb4bca5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Natural gas is composed primarily of
methane, therefore leaks and other releases of natural gas emit methane
gas into the atmosphere. According to the U.S. Environmental Protection
Agency (EPA), methane is a potent greenhouse gas with a global warming
potential (GWP) of 28-36 over 100 years.\1\ Compared to carbon dioxide,
methane gas has a stronger warming effect, but a shorter lifespan in
the atmosphere. Due to the high GWP and short lifespan of methane gas
in the atmosphere, minimizing releases of natural gas (both fugitive
and vented emissions) has relatively near-term benefits to mitigating
the consequences of climate change. Likewise, remediation or
replacement of pipeline facilities that are known to leak based on
material, design or past operating and maintenance history can result
in enhanced public safety, environmental protection, and economic
benefits.
---------------------------------------------------------------------------
\1\ ``Understanding Global Warming Potentials,'' U.S. EPA,
available at <a href="https://www.epa.gov/ghgemissions/understanding-global-warming-potentials">https://www.epa.gov/ghgemissions/understanding-global-warming-potentials</a>.
---------------------------------------------------------------------------
The ``Protecting our Infrastructure of Pipelines and Enhancing
Safety Act of 2020'' (Pub. L. 116-260, Division R; ``PIPES Act of
2020'') was signed into law on December 27, 2020. This law contains
several provisions that specifically address the elimination of
hazardous leaks and minimization of releases of natural gas from
pipeline facilities. Section 114(b) of the PIPES Act of 2020 contains
self-executing provisions that apply directly to pipeline operators.
This section requires each pipeline operator to update its inspection
and maintenance plan required under 49 U.S.C. 60108(a) no later than
one year after the date of enactment of the PIPES Act of 2020 (i.e., by
December 27, 2021) to address the elimination of hazardous leaks and
minimization of releases of natural gas (including, and not limited to,
intentional venting during normal operations) from the operators'
pipeline facilities (49 U.S.C. 60108(a)(2)(D)). The PIPES Act of 2020
also requires those plans to address the replacement or remediation of
pipelines that are known to leak due to their material (including cast
iron, unprotected steel, wrought iron, and historic plastics with known
issues), design, or past operating and maintenance history (49 U.S.C.
60108(a)(2)(E)). In addition, 49 U.S.C. 60108(a)(2) requires that
operators continue updating these plans to meet the requirements of any
future regulations related to leak detection and repair that are
promulgated under 49 U.S.C. 60102(q).
Advisory Bulletin (ADB-2021-01)
To: Owners and Operators of Gas and Hazardous Liquid Pipeline
Facilities.
Subject: Statutory Mandate to Update Inspection and Maintenance
Plans to Address Eliminating Hazardous Leaks and Minimizing Releases of
Natural Gas from Pipeline Facilities.
Advisory: The PIPES Act of 2020 contains self-executing provisions
requiring pipeline facility operators to update their inspection and
maintenance plans to address the elimination of hazardous leaks and
minimization of releases of natural gas (including, and not limited to,
intentional venting during normal operations) from their systems before
December 27, 2021. PHMSA expects that operators will comply with the
inspection and maintenance plan revisions required in the PIPES Act of
2020 by revising their operations and
[[Page 31003]]
maintenance (O&M) plans required under 49 CFR 192.605, 193.2017, and
195.402, to address the elimination of hazardous leaks and minimize
releases of natural gas from pipeline facilities. The plans must also
address the replacement or remediation of pipelines that are known to
leak due to their material (including cast iron, unprotected steel,
wrought iron, and historic plastics with known issues), design, or past
O&M history. The plans must in be in writing, tailored to the
operator's pipeline facilities, supported by technical analysis where
necessary, and sufficiently detailed to clearly describe the manner in
which each requirement is met. For additional guidance on O&M plans for
hazardous liquid and natural gas pipeline facilities, see ``Operations
& Maintenance Enforcement Guidance,'' part 192 subparts L and M, page
17, available at <a href="https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/regulatory-compliance/pipeline/enforcement/5776/o-m-enforcement-guidance-part-192-7-21-2017.pdf">https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/regulatory-compliance/pipeline/enforcement/5776/o-m-enforcement-guidance-part-192-7-21-2017.pdf</a>; and ``Operations & Maintenance
Enforcement Guidance,'' part 195 subpart F, page 18, available at
<a href="https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/regulatory-compliance/pipeline/enforcement/5781/o-m-enforcement-guidance-part-195-7-21-2017.pdf">https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/regulatory-compliance/pipeline/enforcement/5781/o-m-enforcement-guidance-part-195-7-21-2017.pdf</a>.
Pursuant to 49 U.S.C. 60108(a)(3), as amended by section 114(a) of
the PIPES Act of 2020, PHMSA and state authorities with a certification
under 49 U.S.C. 60105 will inspect operators' revised O&M plans in
calendar year 2022, and such inspections must be completed by December
27, 2022. During these inspections, PHMSA, or the relevant state
authority, is required to evaluate whether the plans adequately address
items listed in section 114 of the PIPES Act of 2020.
Operators need to consider the following items as they update their
plans to comply with section 114 of the PIPES Act of 2020:
<bullet> O&M plans must be detailed to address the elimination of
hazardous leaks and minimization of releases of natural gas from the
operators' pipeline facilities; meaning pipeline operators must update
their plans to minimize, among other things, fugitive emissions and
vented emissions from pipeline facilities. PHMSA and state inspections,
therefore, will evaluate the steps taken to prevent and mitigate both
unintentional, fugitive emissions as well as intentional, vented
emissions. Fugitive emissions include any unintentional leaks from
equipment such as pipelines, flanges, valves, meter sets, or other
equipment. Vented emissions include any release of natural gas to the
atmosphere due to equipment design or operations and maintenance
procedures. Common sources of vented emissions include pneumatic device
bleeds, blowdowns, incomplete combustion, or overpressure protection
venting (e.g., relief valves).
<bullet> O&M plans must address the replacement or remediation of
pipelines that are known to leak based on the material (including cast
iron, unprotected steel, wrought iron, and historic plastics with known
issues), design, or past operating and maintenance history of the
pipeline. PHMSA and state inspections will include an evaluation of how
the material present in the pipeline system, design of the system, as
well as the past O&M history of the system, contribute to the leaks
that occur on the system. PHMSA and states will evaluate whether the
plans adequately address reducing leaks on operators' pipeline systems
due to the aforementioned factors.
<bullet> Operators must carry out a current, written O&M plan to
address public safety and the protection of the environment. In
addition to the new statutory requirement that PHMSA and state
inspections consider the extent to which the plans will contribute to
the elimination of hazardous leaks and minimizing releases of natural
gas from pipeline facilities, PHMSA's inspections will continue to
include an evaluation of the extent to which the plans contribute to
both public safety and the protection of the environment.
Developing and implementing comprehensive written O&M plans is an
effective way to eliminate hazardous leaks and minimize the release of
natural gas from pipeline systems. PHMSA anticipates these self-
executing statutory mandates will result in enhanced public safety and
reductions in pipeline emissions thereby reducing impact on the
environment.
Issued in Washington, DC, on June 4, 2021, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2021-12155 Filed 6-9-21; 8:45 am]
BILLING CODE 4910-60-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 10, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.