First Annual Report Due This Year for Previously Unregulated Liquid Gathering Lines

In 2019 PHMSA released an updated rulemaking to 49 CFR Part 195, Transportation of Hazardous Liquids by Pipeline. This rulemaking added section §195.15, What requirements apply to reporting-regulator-only gathering lines?, which subjects otherwise unregulated rural gathering lines and certain offshore lines (those located in State waters) to the annual, accident, and safety-related condition requirements. These lines are designated as “reporting-regulated-only gathering lines” and have been considered “unregulated gathering” lines until now. The reporting-only regulation includes gathering lines that do not meet the definition of a regulated rural gathering line as defined in §195.11, or gathering lines covered by §195.1, such as gathering lines in urban areas.

The rule becomes effective March 31, 2021. PHMSA’s interpretation of this effective date means that Operators need to include any of these lines operated at the end of 2020 in the annual report due June 15th, 2021. To submit this report, operators must complete and submit DOT Form PHMSA F 7000-1.1.

Below are some clarifications regarding the annual report submittals:

o  Reporting-regulated-only gathering includes anything 8-inches and smaller. This includes 4-inch and smaller lines which is of note as gathering lines 4-inches and smaller have remained off the regulatory radar until now.

o  Flowlines are not subject to this requirement.

o  The reporting-regulated-only gathering ONLY includes annual, accident, and safety-related condition reporting. PHMSA does not have authority to regulate beyond that, especially on 4-inches or smaller. Therefore, the National Pipeline Mapping System (NPMS) submittal is not required for reporting-regulated-only gathering lines.

The intent of this data gathering exercise is to understand how much mileage of “unregulated gathering” aka “reporting-regulated-only gathering lines” exists and the risk these lines pose.

If you have questions regarding the new requirements for “reporting-regulated-only gathering lines” or other hazardous liquid rule updates, please contact us at Nicole.Tebow@ElementalCompliance.com or Lauren.Tipton@ElementalCompliance.com.