West Chester, PA (September 6, 2024) – New rules enhancing pipeline safety and governing hazardous liquids pipelines in Pennsylvania are expected to be finalized this fall, state Senator Carolyn Comitta announced.
Earlier this year, the Pennsylvania Public Utility Commission (PUC) unanimously voted to adopt a Revised Final Form Rulemaking aimed at strengthening state public utility safety standards related to the pipeline transport of hazardous liquids in intrastate commerce.
The regulations 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 pipelines and other public utility pipelines transporting hazardous liquids within Pennsylvania.
Once finalized, 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 and enforced by the PUC.
“This is a major step forward in protecting public health, safety, and our land, air, and water,” said Comitta, who serves as minority chair of the Senate Environmental Resources and Energy Committee. “As a major energy-producing state, it only makes sense that the Commonwealth have clearer, stronger, and more comprehensive regulations protecting our communities from the potential dangers of hazardous liquids pipelines.”
This important development comes as a result of a years-long effort initiated by Comitta and others to enact stronger pipeline rules that better protect the health, safety and well-being of children, residents, and families in communities across the Commonwealth.
The process began in 2017, when then-state Rep. Comitta, brought together multiple stakeholders to discuss much-needed safety reforms to the pipeline construction process. Those talks, some of the only of their kind taking place in Pennsylvania, included input from residents, pipeline safety groups, industry representatives, the PUC, the Pennsylvania Department of Environmental Protection, emergency response officials, the Pennsylvania Emergency Management Agency, state and federal lawmakers, local municipalities, and the Chester County Association of Township Officials.
In addition, the need for stronger pipeline safety regulations in Pennsylvania was largely highlighted by problems with the Mariner East pipeline project, which resulted in numerous geological issues and public safety concerns, not to mention dozens of DEP violations and fines.
“This has been a long and extensive process, but it shows that persistence pays off, collaboration works, and we can work together to better protect people and our environment,” Comitta said. “I want to thank everyone who stuck with the process and helped see this through, especially our local officials, community advocates, and emergency management professionals, as well as the PUC staff and everyone who submitted public comment.”
According to the PUC, the new rules focus 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.
This final rule amends Chapter 59 of Title 52 of Pennsylvania’s Public Utility Code.
Earlier this summer, it was unanimously approved by the Independent Regulatory Review Commission (IRRC) and reviewed by the Office of Attorney General for form and legality, and by the Office of Budget for its fiscal impact.
The final rulemaking order is expected to be published in the Pennsylvania Bulletin this month and take effect in November.
The new rules do not apply to pipelines covered under Act 127 of 2011, the Gas and Hazardous Liquid Pipeline Act, and 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.