Press Release

PUC Adopts Final Form Rulemaking on Enhancements to Regulations for Hazardous Liquids Pipelines

Published on 2/22/2024

Filed under: Gas Pipeline

Strengthens Public Utility Safety Standards Related to Pipeline Transport of Hazardous Liquids in Intrastate Commerce

HARRISBURG – The Pennsylvania Public Utility Commission (PUC) today approved a Final Form Rulemaking Order strengthening state public utility safety standards related to the pipeline transport of hazardous liquids in intrastate commerce.

The Commission voted 5-0 to adopt the final-form regulations, which provide hazardous liquid public utilities with Pennsylvania-specific safety standards designed to deter inadvertent returns, leaks, subsidence events, and water contamination events related to the construction, operation and maintenance of highly volatile liquid (HVL) pipelines and other public utility pipelines transporting hazardous liquids within Pennsylvania. 

“I recognize that pipelines are vital to our economy in supplying necessary fuel for daily activities and for job creation,” said PUC Chairman Stephen M. DeFrank in a statement at today’s PUC Public Meeting.  “Pipelines are the safest way to transport hazardous liquids. Pennsylvania’s experience, however, demonstrated that a more comprehensive and complete regulatory framework for HLPUs (Hazardous Liquid Public Utilities) was necessary to limit the occurrence of subsidence events, pipeline accidents, and complaints.”

Also in a statement of support, Commissioner Kathryn L. Zerfuss said, “This final-form rulemaking represents a long overdue step forward towards improving pipeline safety in this Commonwealth.  Pipelines are critical to Pennsylvania’s energy infrastructure and there is a shared goal among all vested partners to ensure that hazardous liquid public utilities construct, operate and maintain pipelines in a manner that ensures protection of public health, safety and the environment.”

With this final rule, hazardous liquid public utilities will have Pennsylvania-specific standards to comply with, in addition to federal regulations currently administered by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and enforced by the PUC.  Following its review and consideration of extensive public comment, the Commission seeks to augment existing regulations in several major areas, including:

• Annual reporting of jurisdictional pipeline facilities;
• Accident reporting;
• Notification requirements prior to construction and conversion;
• Pipeline spacing requirements;
• Impact analysis requirements for horizontal directional drilling (HDD) and trenchless activities (TT);
• Identification of water supplies near HDD and TT activities;
• Notification requirements to water supply owners near HDD and TT activities;
• Coordination with emergency responders and school administrators;
• Public education and outreach;
• Corrosion control; and
• Land agent requirements.

The PUC’s amendments to Chapter 59 of Title 52 of Pennsylvania’s Public Utility Code do not apply to pipelines covered under Act 127 of 2011, the Gas and Hazardous Liquid Pipeline Act.

Additionally, there are no retroactive design or construction regulations for those pipeline facilities that exist when the rule is made effective by operation of law.  However, the operations and maintenance, accident reporting, and public awareness regulations do apply to existing hazardous liquid pipeline facilities.

Upon the entry of a Final Rulemaking Order, the rulemaking will be reviewed by the legislative standing committees and Independent Regulatory Review Commission.  The rulemaking will then be reviewed by the Office of Attorney General for form and legality, and by the Office of Budget for its fiscal impact.  The Final Rulemaking Order will be published in the Pennsylvania Bulletin, after which the regulation will become effective. 

For recent news releases and video of select Commission proceedings or more information about the PUC, visit our website at www.puc.pa.gov. Follow the PUC on X (formerly Twitter) for all things utility.  “Like” Pennsylvania Public Utility Commission on Facebook for easy access to information on utility issues.

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Docket No.:  L-2019-3010267

Contact:

• Nils Hagen-Frederiksen
  Press Secretary
  717-418-2701
  nhagen-fre@pa.gov
• David Hixson
  Deputy Press Secretary
  717-772-2766
  dhixson@pa.gov