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Pipeline Safety: Standards for Direct Assessment of Gas and Hazardous Liquid Pipelines
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 21, 2004 (Volume 69, Number 203)]
[Proposed Rules]
[Page 61771-61774]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc04-15]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 192 and 195
[Docket No. RSPA-04-16855; Notice 1]
RIN 2137-AD97
Pipeline Safety: Standards for Direct Assessment of Gas and
Hazardous Liquid Pipelines
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes regulations that would require pipeline
operators to meet certain standards if they use direct assessment to
evaluate the threat of corrosion on regulated onshore gas, hazardous
liquid, and carbon dioxide pipelines. The standards, which are already
in effect for gas transmission lines in high-consequence areas, involve
processes of data collection, indirect inspection, direct examination,
and evaluation. Congress has directed DOT to prescribe standards for
inspection of pipelines by direct assessment. The proposed regulations
should advance the use of direct assessment as a method of
[[Page 61772]]
managing the impact of corrosion on regulated pipelines.
DATES: Persons interested in submitting written comments on the rules
proposed in this document must do so by December 6, 2004. Late filed
comments will be considered so far as practicable.
ADDRESSES: You may submit written comments to the docket by any of the
following methods:
? Mail: Dockets Facility, U.S. Department of Transportation,
Room PL-401, 400 Seventh Street, SW., 20590-0001. Anyone wanting
confirmation of mailed comments must include a self-addressed stamped
postcard.
? Hand delivery or courier: Room PL-401, 400 Seventh Street,
SW., Washington, DC. The Dockets Facility is open from 10 a.m. to 5
p.m., Monday through Friday, except Federal holidays.
? Web site: Go to http://dms.dot.gov 
, click on
``Comments/Submissions'' and follow instructions at the site.
All written comments should identify the docket number and notice
number stated in the heading of this notice.
Docket access. For copies of this document or other material in the
docket, you may contact the Dockets Facility by phone (202-366-9329) or
visit the facility at the above street address. For Web access to the
dockets to read and download filed material, go to http://dms.dot.gov/
search . Then type in the last four digits of the docket
number shown in the heading of this document, and click on ``Search.''
Anyone can search the electronic form of all comments filed in any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted for an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the April 11, 2000 issue of the Federal Register (65 FR 19477) or go to
http://dms.dot.gov .
FOR FURTHER INFORMATION CONTACT: L. M. Furrow by phone at 202-366-4559,
by fax at 202-366-4566, by mail at U.S. Department of Transportation,
400 Seventh Street, SW., Washington, DC, 20590, or by e-mail at
buck.furrow@rspa.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Many operators of gas, hazardous liquid, and carbon dioxide
pipelines do more to assure the integrity of their systems than RSPA's
pipeline safety regulations in 49 CFR Parts 192 and 195 require. For
example, Sec. Sec. 192.465 and 195.573 require operators to use
electrical tests to identify places where buried pipe may not be
protected adequately from external corrosion. But, in addition to
electrical tests, many operators have historically used internal
inspection devices or hydrostatic testing to find external corrosion.
They have also used these methods to look for other pipeline defects.
RSPA has long recognized the safety and environmental advantages of
these additional inspection and test methods. In recent years, it
became apparent that they are particularly beneficial when used as part
of a comprehensive risk-based program to assure system integrity.
In 2000, RSPA issued regulations requiring hazardous liquid and
carbon dioxide pipeline operators to conduct integrity management
programs using internal inspection, pressure testing, or other equally
effective assessment means (Sec. 195.452).
Congressional Directives
Congress also saw the need for operators to do more to assure the
integrity of their pipelines. In 2002, Congress directed DOT to issue
regulations on managing gas pipeline integrity in high-density
population areas with a program involving internal inspection, pressure
testing, and direct assessment.\1\ Congress further directed DOT to
issue regulations prescribing standards for inspecting pipeline
facilities by direct assessment.\2\
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\1\ Pipeline Safety Improvement Act of 2002 (Pub. L. 107-355;
Dec. 17, 2002), Sec. 14(a).
\2\ Ibid., Sec. 23.
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In the pipeline transportation industry, ``direct assessment'' is a
process of data gathering, inspection, examination, and evaluation used
to determine if external corrosion, internal corrosion, or stress-
corrosion cracking is adversely affecting the physical integrity of
ferrous pipelines. The process serves not only to locate and repair
corrosion defects but also to prevent future corrosion problems.
Standards for Direct Assessment
In response to Congress' first directive, RSPA published
regulations in Subpart O of Part 192 that require operators to follow
detailed programs in managing the integrity of onshore gas transmission
lines in high-consequence areas (69 FR 69816; Dec. 15, 2003). The
definition of ``high-consequence area'' in Sec. 192.903 describes
places where transmission lines pose an increased risk because of their
size and operating pressure and the nature or density of the nearby
population.
The newly published Subpart O regulations include standards for
using direct assessment to evaluate the threats of external corrosion,
internal corrosion, and stress-corrosion cracking. The standards are
stated in Sec. Sec. 192.925, 192.927, and 192.929. The standard on
external corrosion direct assessment (Sec. 192.925) requires operators
to integrate data on physical characteristics and operating history,
conduct indirect aboveground inspections, directly examine pipe
surfaces, and evaluate the effectiveness of the assessment process.
Under the standard for direct assessment of internal corrosion (Sec.
192.927), operators must predict locations where electrolytes may
accumulate in normally dry-gas pipelines, examine those locations, and
validate the assessment process. The standard for direct assessment of
stress-corrosion cracking (Sec. 192.929) involves collecting data
relevant to stress-corrosion cracking, assessing the risk of pipeline
segments, and examining and evaluating segments at risk.
Although these standards only affect gas transmission lines
included in a Subpart O integrity management program, RSPA believes
they are suitable for other gas pipelines that fall under Congress'
second directive. Each standard incorporates by reference relevant
provisions of the American Society of Mechanical Engineers' consensus
standard, ASME B31.8S-2001, ``Managing System Integrity of Gas
Pipelines,'' which applies to any onshore gas pipeline made of ferrous
material. In addition, Sec. 192.925 incorporates by reference a
consensus standard published by NACE International, NACE Standard
RP0502-2002, ``Pipeline External Corrosion Direct Assessment
Methodology.'' This NACE standard applies broadly to buried onshore
ferrous pipelines. Requirements in Sec. 192.925 apart from the ASME
and NACE standards merely assure the use of appropriate decision-making
criteria.
In addition, RSPA believes Sec. Sec. 192.925 and 192.929 would
provide suitable standards for direct assessment of external corrosion
and stress-corrosion cracking on hazardous liquid pipelines that fall
under the second congressional directive. Although Sec. Sec. 192.925
and 192.929 cross-reference provisions of ASME B31.8S-2001, which was
intended for use on gas pipelines, we think the referenced provisions
are appropriate for pipelines transporting hazardous liquid.
We do not believe, however, that the standard in Sec. 192.927 is
suitable for direct assessment of internal corrosion in hazardous
liquid pipelines. This standard applies specifically to pipelines that
transport dry gas.
[[Page 61773]]
Therefore, it does not apply to pipelines that transport liquids. At
present, there is no consensus standard available for the direct
assessment of internal corrosion in hazardous liquid pipelines.
Proposed Rules
Given that RSPA's existing direct assessment standards are suitable
for pipelines besides gas transmission lines in high-consequence areas,
RSPA is making the following rulemaking proposals to meet the second
congressional directive. For onshore ferrous pipelines subject to Part
192, proposed Sec. 192.490 would require that if operators use direct
assessment to evaluate the threat of corrosion or to meet any
requirement of Subpart I--Requirements for Corrosion Control, the
direct assessment must be carried out according to the applicable
standards in Sec. Sec. 192.925, 192.927, and 192.929. A similar
regulation, proposed Sec. 195.588, would be established for hazardous
liquid pipelines covered by Part 195, except that Sec. 192.927 would
not apply. Because Congress has directed DOT to ensure the safe
transportation of carbon dioxide through standards related to hazardous
liquid pipelines,\3\ proposed Sec. 195.588 also applies to carbon
dioxide pipelines covered by Part 195.
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\3\ 49 U.S.C. 60102(i) (2000).
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Regulatory Analyses and Notices
Executive Order 12866 and DOT Policies and Procedures. RSPA does
not consider this proposed rulemaking to be a significant regulatory
action under Section 3(f) of Executive Order 12866 (58 FR 51735; Oct.
4, 1993). Therefore, the Office of Management and Budget (OMB) has not
received a copy of this proposed rulemaking to review. RSPA also does
not consider this proposed rulemaking to be significant under DOT
regulatory policies and procedures (44 FR 11034: February 26, 1979).
RSPA prepared a draft Regulatory Evaluation of the proposed
rulemaking and a copy is in the docket. The evaluation concludes
operators would incur only a minimum amount of cost, if any, to comply
with the proposed rulemaking. If you disagree with this conclusion,
please provide information to the public docket described above.
Regulatory Flexibility Act. Under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), RSPA must consider whether rulemaking actions
would have a significant economic impact on a substantial number of
small entities. Based on the facts available about the anticipated
impacts of this proposed rulemaking, I certify that this proposed
rulemaking will not have a significant impact on a substantial number
of small entities. If you have any information that this conclusion
about the impact on small entities is not correct, please provide that
information to the public docket described above.
Executive Order 13175. RSPA has analyzed this proposed rulemaking
according to the principles and criteria contained in Executive Order
13175, ``Consultation and Coordination with Indian Tribal
Governments.'' Because the proposed rulemaking would not significantly
or uniquely affect the communities of the Indian tribal governments nor
impose substantial direct compliance costs, the funding and
consultation requirements of Executive Order 13175 do not apply.
Paperwork Reduction Act. Operators have just recently begun to use
direct assessment to evaluate the effect of corrosion on buried
pipelines. Under Parts 192 and 195, the use of direct assessment is
voluntary, except as required by the transmission integrity management
rules. The proposed rulemaking would not change this status. Because
direct assessment is a new process and its use is largely voluntary,
RSPA is unable to develop a reasonable estimate of the number of
operators the proposed rulemaking may affect. Therefore, we have not
estimated the paperwork burden of the proposed rulemaking.
RSPA invites comments on (1) how many operators plan to use direct
assessment, other than to meet the transmission integrity management
rules, and (2) the average paperwork burden of complying with the
proposed rulemaking (in hours and cost per hour). In estimating the
burden, note that each standard requires preparation of plans and
procedures, and records are required by section 7 of NACE Standard
RP0502-2002.
Unfunded Mandates Reform Act of 1995. This proposed rulemaking does
not impose unfunded mandates under the Unfunded Mandates Reform Act of
1995. It does not result in costs of $100 million or more to either
State, local, or tribal governments, in the aggregate, or to the
private sector, and is the least burdensome alternative that achieves
the objective of the proposed rulemaking.
National Environmental Policy Act. RSPA has analyzed the proposed
rulemaking for purposes of the National Environmental Policy Act (42
U.S.C. 4321 et seq.). Because the proposed rulemaking would affect only
those operators that voluntarily use direct assessment and because it
largely involves processes of data collection and evaluation, we have
preliminarily determined that the proposed rulemaking is unlikely to
significantly affect the quality of the human environment. An
environmental assessment document is available for review in the
docket. A final determination on environmental impact will be made
after the end of the comment period. If you disagree with our
preliminary conclusion, please submit your comments to the docket as
described above.
Executive Order 13132. RSPA has analyzed the proposed rulemaking
according to the principles and criteria contained in Executive Order
13132 (``Federalism''). None of the proposed rules (1) has substantial
direct effects on the States, the relationship between the national
government and the States, or the distribution of power and
responsibilities among the various levels of government; (2) impose
substantial direct compliance costs on State and local governments; or
(3) preempt state law. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
Executive Order 13211. This proposed rulemaking is not a
``Significant energy action'' under Executive Order 13211. It is not a
significant regulatory action under Executive Order 12866 and is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, this proposed rulemaking has
not been designated by the Administrator of the Office of Information
and Regulatory Affairs as a significant energy action.
List of Subjects
49 CFR Part 192
Natural gas, Pipeline safety, Reporting and recordkeeping
requirements.
49 CFR Part 195
Ammonia, Carbon dioxide, Petroleum, Pipeline safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, RSPA proposes to amend 49 CFR
parts 192 and 195 as follows:
1. The authority citation for Part 192 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, and 60118; and 49 CFR 1.53.
2. Add Sec. 192.490 to read as follows:
Sec. 192.490 Direct assessment.
Each operator that uses direct assessment on an onshore ferrous
pipeline to evaluate the effects of a threat in the first column or to
meet any requirement of this subpart regarding that threat must carry
out the direct
[[Page 61774]]
assessment according to the standard listed in the second column.
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Threat Standard
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External corrosion..................... Sec. 192.925
Internal corrosion in pipelines that Sec. 192.927
transport dry gas.
Stress-corrosion cracking.............. Sec. 192.929
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3. The authority citation for Part 195 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60118;
and 49 CFR 1.53.
4. Add Sec. 195.588 to read a follows:
Sec. 195.588 What standards apply to direct assessment?
If you use direct assessment on an onshore pipeline to evaluate the
effects of a threat in the first column or to meet any requirement of
this subpart regarding that threat, you must carry out the direct
assessment according to the standard listed in the second column.
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Threat Standard
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External corrosion............... Sec. 192.925 of this
chapter.
Stress-corrosion cracking........ Sec. 192.929 of this
chapter.
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Issued in Washington, DC, on October 14, 2004.
Stacey L. Gerard,
Associate Administrator for Pipeline Safety.
[FR Doc. 04-23551 Filed 10-20-04; 8:45 am]
BILLING CODE 4910-60-P