Press Release

PUC Enhancements to Regulations for Hazardous Liquids Pipelines Receive Approval from Independent Regulatory Review Commission

Published on 6/20/2024

Filed under: Gas Pipeline

Revised Regulations Strengthen Safety Standards for Public Utility Pipeline Transport of Hazardous Liquids in Intrastate Commerce

HARRISBURG – The Pennsylvania Public Utility Commission (PUC) today thanked the state’s Independent Regulatory Review Commission (IRRC) for its approval of a PUC Revised Final Form Rulemaking Order (RFFRO) strengthening state public utility safety standards related to the pipeline transport of hazardous liquids in intrastate commerce.

“This rulemaking gives Pennsylvania a more comprehensive and complete regulatory framework for Hazardous Liquid Public Utilities (HLPUs) necessary to limit the occurrence of subsidence events, pipeline accidents, and complaints,” noted PUC Chairman Stephen M. DeFrank.

The PUC commended the leadership of the IRRC commissioners for their unanimous support of this important pipeline safety rulemaking.

“Throughout this rulemaking proceeding, the Commission received and considered extensive comments from a diverse cross-section of vested parties to include regulated industry, government officials, environmental advocates, and the general public,” Chairman DeFrank said.  “In the end, we are pleased the final regulations have garnered widespread support to further enhance protection of public health, safety and the environment.”

This final rule amends Chapter 59 of Title 52 of Pennsylvania’s Public Utility Code. HLPUs will now have Pennsylvania-specific standards to comply with, in addition to federal regulations currently administered by the Pipeline and Hazardous Materials Safety Administration and enforced by the PUC – all of which center on preventing inadvertent returns, leaks, subsidence events, and water contamination events related to the construction, operation and maintenance of highly volatile liquid pipelines and other public utility pipelines transporting hazardous liquids within Pennsylvania.

Chairman DeFrank added that the RFFRO builds upon the Commission’s Final Form Rulemaking Order previously adopted on Feb. 22, 2024 (FFRO), and focuses on the following key elements:

• Improves communications among utilities and members of the public; local, county and state governments; and excavators, contractors, emergency responders, and school administrators.
  
  
• Delegates authority to the PUC’s Pipeline Safety Section to make certain determinations and to request and receive key reports necessary for the Pipeline Safety Section to do its job of ensuring compliance with these standards.
  
  
• Prevents construction, relocation, or conversion of existing pipelines under any buildings or dwellings except for repairs or replacement of existing pipelines.
  
  
• Requires nondestructive tests of all girth welds with few exceptions.
  
  
• Requires regular inspection and maintenance of proper depth of cover required by federal law for all pipe in use for transporting hazardous liquids, construction, and the maintenance of 12 inches clearance between the outside of the pipe and the extremity of other underground structures.
  
  
• Requires geological and environmental impact studies regarding construction.
  
  
• Requires the utility to be responsible for ensuring land agents interacting with the public regarding easements hold a valid PA license in law, real estate, engineering, land surveying, geology, or membership in good standing with the International Right of Way Association or its successor as the association has an ethics code of conduct.
  
  
• Requires additional training of emergency personnel.

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, any regulations regarding new construction standards are going forward, and are not applicable to pipeline facilities in existence on the effective date of these regulations.  Existing facilities will only be subject to the new construction standards if and when they are converted, relocated or replaced.

The regulations are effective in 60 days after the Revised Final Rulemaking Order is published in the Pennsylvania Bulletin.  Publication will occur after the Office of Attorney General’s review and approval for legality.

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