Application of the “New Valve Rule” to All Pipeline Operators

Date:

April 9, 2024

Purpose:

The Minnesota Department of Public Safety Office of Pipeline Safety (OPS) is issuing this Alert Notice regarding federal regulatory changes that all gas and hazardous liquid pipeline operators should review.

Guidance Pertains to the Following Codes: 

1. 49 CFR Part §192.615/195.402 Emergency plans.
2. 49 CFR Part §192.617 Investigation of failures and incidents.
3. 49 CFR Part §192.635 Notification of potential rupture.
4. 49 CFR Part §195.402(c)(5) Investigating and analyzing pipeline accidents and failures

Scope:

On April 8, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) revised the Federal Pipeline Safety Regulations via Docket No. PHMSA-2013-0255. This revision is commonly called the “New Valve Rule.” Most revisions deal with installing rupture mitigation valves and apply to newly constructed and entirely replaced onshore gas transmission, Type A gas gathering, and hazardous liquid pipelines with diameters of six inches or greater. However, some revisions apply to all gas and hazardous liquid operators. OPS would like to highlight these revisions. Not all changes are highlighted below. Operators should review the final rule in its entirety on their own. Operators can review the published final rule online.

This rule became effective on Oct. 5, 2022.

OPS Comments:

Emergency Plans

Parts 192.615 and 195.402 have been revised in multiple sections. PHMSA requires that, in the event of a pipeline emergency, operators have procedures to contact public safety answering points (i.e., 9-1-1 emergency call centers) if such answering points exist. Contacting this public safety answering point during an emergency can be in place of communication with fire, police, or other public entities. Operators must learn the responsibilities, resources, jurisdictional areas, and emergency contact telephone numbers for each federal, state, and local government organization that may respond to a pipeline emergency for their pipelines. Operators are required to have procedures, upon notification of a potential rupture, to determine whether a rupture has occurred. These procedures must specify the sources of information, operational factors, and other criteria the operator will use to evaluate whether a potential rupture is, in fact, a rupture. Operators must have procedures to maintain liaison with public safety answering points fire, police, and other public officials.

Investigation of Failures and Incidents

Part 192.617 is specific to gas pipeline operators and has been revised regarding procedures for investigating failures and incidents. There are now four sections (a) through (d). Sections (a) and (b) are required by all gas operators, while sections (c) and (d) are specific to operators with rupture-mitigation valves. Section (a) now references part 191.3 for defining an incident and requires operators to determine the cause of the failure and contributing factors. The new section (b) now requires operators to incorporate lessons learned from incidents and that these lessons be implemented into written procedures, including training and operator qualification (OQ) programs, design, construction, testing, maintenance, operation, and emergency procedure manuals and specifications.

Notification of Potential Rupture

Part 192.635 is a new section of codes and applies to all gas pipeline operators. This section provides criteria for a “notification of potential rupture” as defined in part 192.3. Procedures from this part would tie into procedures created by 192.615(a).

Investigating and Analyzing Pipeline Accidents and Failures

Part 195.402(c)(5) is specific to all hazardous liquid pipeline operators and similar to changes made in 192.617. Operators must have procedures for investigating accidents and failures to determine causes and contributing factors. Procedures must also include post-failure and accident lessons learned. These lessons must be incorporated into written procedures, including personal training and qualification programs, design, construction, maintenance, operations, and emergency procedure manuals and specifications. 

Please contact our office if you have any questions regarding this alert notice.