PHMSA Proposed Rules On Criteria For State Programs

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a Notice of Proposed Rulemaking (NPRM) to revise the Pipeline Safety Regulations. The proposed rules would establish criteria and procedures for determining the adequacy of state pipeline excavation damage prevention law enforcement programs; establish an administrative process for making adequacy determinations; establish the Federal requirements PHMSA will enforce in states with inadequate excavation damage prevention law enforcement programs; and establish the adjudication process for administrative enforcement proceedings against excavators where Federal authority is exercised. The Pipeline Inspection, Protection, Enforcement, and Safety (PIPES) Act of 2006 required establishment of review criteria for state excavation damage prevention law enforcement programs. The development of these criteria and the subsequent determination of the adequacy of state excavation damage prevention law enforcement programs is intended to encourage states to develop effective excavation damage prevention law enforcement programs to protect the public from the risk of pipeline ruptures caused by excavation damage, and allow for Federal administrative enforcement action in states with inadequate enforcement programs.

PHMSA is accepting written comments on the NPRM through June 1, 2012.

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