PHMSA Notice: Enforcement Discretion

Gas Mega Rule RIN 2

On April 18, 2023, PHMSA extended its limited enforcement discretion of some Pipeline Safety: Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments (A.K.A. Mega Rule RIN 2) requirements to include pipelines entering into service (newly constructed or replaced) between August 24, 2022, and February 24, 2024. This is an extension of the limited enforcement discretion PHMSA issued December 6, 2022, which addresses pipelines in service as of August 24, 2022.

The limited enforcement discretion does not include:

• 192.13(d) – Management of change requirements, previously required to be implemented by February 24, 2024

• 192.917(b) – Risk analysis additional data and considerations, previously required to be implemented by February 24, 2024

• 192.319 and 192.461 – Coating assessment and remediation for installations, replacements, and repairs requiring 1,000 feet or more of continuous backfill, still required by May 24, 2023

• 192.613 – Extreme weather events and natural disaster assessments, still required by May 24, 2023

The limited enforcement discretion does include:

• Operations and Maintenance Manuals associated with the remaining requirements of Mega Rule RIN 2

• Implementation of remaining requirements of Mega Rule RIN 2

This limited enforcement discretion expires on February 24, 2024, at which time operators must meet all requirements for all applicable pipelines. In the meantime, PHMSA will issue additional guidance for the new requirements. These are still part of existing law under 49 CFR 192 and PHMSA can revoke the limited enforcement discretion if deemed necessary. If your company would like assistance interpreting and implementing these new requirements, contact Elemental Compliance at Nicole.Tebow@ElementalCompliance.com or Lauren.Tipton@ElementalCompliance.com.