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Category Archives: Administrative Guidance

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New Executive Order Requires Agencies to Withdraw 2 Regulations for Every 1 Proposed

Posted in Administrative Guidance, Administrative Rulemaking, PHMSA, Pipeline Safety Act, Policy
President Trump signed another Executive Order (EO) on January 30, 2017, entitled Reducing Regulation and Controlling Regulatory Costs. The new EO, applicable to the entire Executive Branch, including all federal administrative agencies, makes a straightforward directive: “…for every one new regulation issued, at least two prior regulations be identified for elimination.” The Order goes on to state that the costs associated with any new regulations may not exceed the savings realized by repealing at least two prior regulations (“the total incremental cost of all new regulations…shall be no greater than zero.”).… Continue Reading

Regulatory Freeze issued by New Administration

Posted in Administrative Guidance, Administrative Rulemaking, Integrity Management, PHMSA, Pipeline Safety Act
On the first day of the new Trump Administration, Chief of Staff Reince Priebus issued a Memorandum to the heads of all Executive Departments and Agencies, requesting that all federal agencies suspend transmittal of any new proposed or final rules to the Office of the Federal Register (OFR) until the new Administration’s Agency appointees have… Continue Reading

Concerns about HCA Identification Methods Prompts Advisory

Posted in Administrative Guidance, Integrity Management, Natural Gas, Operation & Maintenance, PHMSA, Pipeline Safety Act
Citing concerns that intrastate and small gas transmission pipeline operators may not be accurately identifying high consequence areas (HCAs) as part of their integrity management programs (IMP), PHMSA issued yet another advisory to the industry on December 12, 2016.  In its seventh advisory issued this year, PHMSA explains the need for further guidance on the methodology… Continue Reading

GPAC Public Meetings to Discuss PHMSA Gas Rule Rescheduled

Posted in Administrative Guidance, Integrity Management, Natural Gas, Operation & Maintenance, PHMSA, Pipeline Safety Act
PHMSA has rescheduled the public meetings of the Gas Pipeline Advisory Committee (GPAC) for January 11-12, 2017.  The purpose of these meetings is to discuss PHMSA’s proposed gas mega rule and the underlying regulatory analysis.  The meetings were previously scheduled for December 7-8, 2016, but have been rescheduled based on the availability of committee members… Continue Reading

Pipelines Subject to Higher Penalties under New PHMSA Civil Penalty Policy

Posted in Administrative Guidance, Enforcement, PHMSA, Pipeline Safety Act, Policy
On October 11, 2016, PHMSA released a Policy Statement notifying owners and operators of oil and gas pipelines that it is finally making its civil penalty framework publicly accessible, and that respondents may now request proposed civil penalty calculations in enforcement actions.… Continue Reading

Pipe Subject to Safety Regulations Until Formally Abandoned: PHMSA Advisory

Posted in Administrative Guidance, Enforcement, Natural Gas, Operation & Maintenance, PHMSA, Recordkeeping, Reporting Obligations
PHMSA issued an advisory to operators regarding the applicability of its safety regulations to idled, inactive and abandoned pipe. Congress directed PHMSA to issue such an advisory in the recent PIPES Act of 2016, in response to several high profile incidents involving idled pipe. … Continue Reading

Advisory Bulletin Warns About Corrosion Under Insulation

Posted in Administrative Guidance, Integrity Management, Operation & Maintenance, PHMSA, Policy
A recent PHMSA Advisory Bulletin warns the pipeline industry about Corrosion Under Insulation (CUI), which is frequently used on pipe transporting heavy crude oil.  Such products are often heated for more efficient transport, thus the pipe is wrapped with foam insulation over the coating, and then further covered with a tape wrap over the insulation.  The… Continue Reading

Another Step Closer to Federal Regulation of Underground Storage

Posted in Administrative Guidance, Environmental, Federal/ State Legislation, Integrity Management, Natural Gas, PHMSA, Policy
The ongoing leak of methane from Southern California Natural Gas Company’s Aliso Canyon/Porter Ranch underground storage field near Los Angeles has drawn national attention to underground natural gas storage, triggering regulatory and legislative efforts to regulate these facilities at federal and state levels.… Continue Reading

Advisory Regarding Damage to Pipeline from Flooding Re-Issued

Posted in Administrative Guidance, Environmental, PHMSA
PHMSA has again released an advisory to pipeline operators on the potential for damage to pipeline facilities caused by severe flooding, as well as actions operators should consider taking to ensure the integrity of pipelines in the event of flooding, river scour, and river channel migration.  The advisory is essentially identical to advisories PHMSA has… Continue Reading

Draft Revisions to FERC Environmental Report Manual Available for Comment

Posted in Administrative Guidance, Construction & Design, Environmental, Policy
FERC recently published a revised draft Guidance Manual for Environmental Report Preparation for review and public comment. The revised Guidance Manual updates FERC’s 2002 guidance manual on environmental report preparation for projects seeking FERC authorization under the Natural Gas Act (NGA), supplementing the previous guidance as well as adding new sections explaining requirements for environmental report preparation. … Continue Reading

Emergency Approval Issued by DOT

Posted in Administrative Guidance, Administrative Rulemaking, Incident Response, Policy
At an emergency press conference held today by the United States Department of Transportation (DOT), Secretary of Transportation Anthony Foxx announced that DOT has issued a one-time approval for special operating authority to engage in air transportation to specified markets.  The approval will be limited in duration, valid only from the evening of December 24… Continue Reading

Advisory Regarding Damage to Pipelines from Flooding

Posted in Administrative Guidance, Incident Response, Integrity Management, Operation & Maintenance, PHMSA, Public Awareness/ Community Relations
PHMSA issued an updated advisory regarding the potential for damage to pipeline facilities caused by severe flooding. Presumably prompted by the January 2015 release to the Yellowstone river in Glendive, Montana, associated with an area of exposed pipeline on the river bottom, the Agency reiterated the nine (9) actions it has set forth in prior advisories to prevent and mitigate damage to pipelines impacted by flooding. … Continue Reading

Anticipated Increases in Pipeline Regulatory Compliance Costs Prompt FERC Proposed Policy

Posted in Administrative Guidance, Environmental, PHMSA, Policy
In light of anticipated increases in operator compliance costs associated with PHMSA safety initiatives, FERC is issuing a Proposed Policy Statement for public comment that would allow interstate natural gas pipelines to use cost recovery mechanisms, such as surcharges or cost trackers, to recoup expenditures related to improved safety, reliability, and regulatory compliance.… Continue Reading

PHMSA Releases Advisory and Guidance for Pipeline Flow Reversals, Product Changes and Conversion to Service

Posted in Administrative Guidance, Integrity Management, Operation & Maintenance, PHMSA
PHMSA has issued an Advisory Bulletin to alert hazardous liquid and gas transmission pipeline operators of the impacts associated with flow reversals, product changes, and conversions to service.  The Advisory, issued in conjunction with newly-published Agency Guidance on these issues, recommends that operators consult existing conversion of service requirements for flow reversals and product changes and undertake… Continue Reading

Pipeline Safety Management Systems Workshop Scheduled for July 2, 2014

Posted in Administrative Guidance, PHMSA, Policy
PHMSA announced its second workshop on Pipeline Safety Management Systems (PSMS) scheduled for July 2, 2014.  Notice, 79 Fed. Reg. 34393 (June 16, 2014).  The purpose of this workshop is to discuss the emerging national consensus standard regarding PSMS, draft American Petroleum Institute (API) Recommended Practice 1173, and to identify how concepts discussed at the… Continue Reading

New Emergency Order and Safety Advisory Affecting Crude Shipments by Rail

Posted in Administrative Guidance, Enforcement, PHMSA
The DOT has issued an Emergency Order requiring that railroads operating trains carrying more than 1,000,000 gallons of Bakken crude oil (approximately 35 tank cars) in a particular state must notify the State Emergency Response Commission (SERC) of the expected movement of such trains through the counties in that state. … Continue Reading