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Andrew Geibel

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

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

HARRISBURG – The Pennsylvania Public Utility Commission (PUC) approved a Final Form Rulemaking on February 22, 2024, 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. 


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.

 

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