PHMSA Publishes Leak Detection NPRM
Today, the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (88 FR 31890-31979) for Pipeline Safety: Gas Pipeline Leak Detection and Repair. The rule implements requirements of the PIPES Act of 2020 (Division R, PL 116-260) and it would change the focus of PHMSA’s gas pipeline leak prevention regulatory program from one of stopping large leaks that present immediate fire and explosion hazards to the public to limiting smaller leaks that, over time, present a climate hazard by increasing greenhouse gas (methane) emissions.
PIPES Act Requirements
This rulemaking addresses requirements of three sections of the PIPES Act:
§113. Leak detection and repair.
§114. Inspection and maintenance plans.
§118. Purpose and general authority.
Section 113 amended 49 USC 60102 by adding a new subsection (q), Gas pipeline leak detection and repair. That new subsection requires “operators of new and existing gas transmission pipeline facilities [in Class 2, Class 3, and Class 4 locations], and operators of new and existing gas distribution pipeline
facilities to conduct leak detection and repair programs” to meet the need for gas pipeline safety, as determined by the Secretary; and “to protect the environment”. It expands on those general requirements in extensive detail.
Section 114 amended 49 USC 60108, Inspection and maintenance. It also expanded the focus of the section’s inspection and maintenance plans to include “the protection of the environment” {§60108(a)(2)(D)(iii)}. It also requires PHMSA to review the submitted plans and provides for enforcement actions to ensure compliance with required changes.
Section 118 also amended §60102 by revising subparagraph (5) of paragraph (b), Practicability and safety needs standards, to read:
(5) Secretarial Decisionmaking. Except where otherwise required by statute, the Secretary shall propose or issue a standard under this chapter only upon a reasoned determination that the benefits, including safety and environmental benefits, of the intended standard justify its costs.
With the new focus on ‘environmental benefits’ it is not surprising that the preamble to this rule expends a great deal verbiage discussing the environmental hazards of methane emissions and the benefits of significantly reducing those emissions.
NPRM Coverage
The provisions of this NPRM address ten major subject areas:
Leakage survey and patrol frequencies and methodologies,
Advanced leak detection programs,
Leak grading and repair,
Qualification of leakage survey, investigation, and repair personnel,
Reporting and national pipeline mapping system,
Mitigating vented and emissions from gas pipeline facilities,
Design, configuration, and maintenance of pressure relief devices,
Investigation of failures,
Type B and Type C gathering pipelines, and
Miscellaneous Changes in Parts 191 and 192 to reflect codification in federal regulation of the congressional mandate to address environmental hazards of leaks from gas pipelines
Public Comments
PHMSA is soliciting public comments on the proposed rule. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov: Docket # PHMSA-2021-0039). Comments need to be submitted by July 17th, 2023.
Commentary
This rulemaking will be an anathema to Congressional Republicans. I expect that it will not be long before we see legislation introduced in the House to prevent PHMSA from proceeding with this rulemaking. Such legislation would certainly pass in the House, and may pass in the Senate, but it would certainly be vetoed by President Biden. There are not enough votes in either house to overturn such a veto.