PHMSA Final Rule Expands Federal Oversight, Adds New Type of Regulated Gathering Line

On November 2, 2021, the Pipeline and Hazardous Supplies Security Administration (“PHMSA”) issued a Final Rule (the “Final Rule”) to revise 49 C.F.R. Elements 191 and 192 to broaden federal oversight of U.S. onshore pure fuel gathering pipelines. Below the Final Rule, greater than 400,000 miles of beforehand unregulated fuel gathering traces will probably be topic to federal oversight. To perform this, the Final Rule creates two new classes of onshore fuel gathering traces: Type C, topic to Elements 191 and 192, and Type R, topic to sections of Half 191. Operators can count on oversight to return shortly, with implementation to start in 2022 and annual stories due on March 15, 2023. 

The Final Rule has two main parts. First, the definition of “regulated” expands to topic at the moment unregulated onshore fuel gathering traces to federal security laws (Type C traces). Moreover, for the primary time all gathering line operators should report security knowledge comparable to incident and annual stories (Type C and R traces). PHMSA believes these adjustments fill a crucial regulatory hole. 

The Final Rule introduces a brand new sort of regulated gathering line, Type C. Type C traces have an out of doors diameter better than 8.625 inches and are present in rural, Class 1 areas. Below §192.9(e), the protection necessities for Type C traces fluctuate relying on components comparable to pipeline measurement and the “consequences of a failure.” For instance, Type C traces with an outer diameter better than 16 inches, and people with an out of doors diameter better than 12.75 inches that might impression residential areas and “other structures” should adjust to stricter regulation. 

The Final Rule will even create a brand new class of fuel gathering line topic solely to reporting and monitoring necessities, the Type R line. Type R traces embody any onshore gathering line that doesn’t fall below Type A, B or C. It is very important word that the Type R traces aren’t topic to the Half 191 registration necessities or the Half 192 security requirements. Due to this fact, in contrast to Type C traces, solely the incident and annual reporting necessities of Half 191 apply to Type R traces. 

Source link