Amendments to the federal code related to valve installation and rupture detection to enhance pipeline safety include the following requirements: (1) install rupture-mitigation valves (i.e., remote-control or automatic shut-off valves) or alternative equivalent technologies on transmission and certain gathering pipelines; (2) minimum performance standards for those valves’ operation to prevent or mitigate the public safety and environmental consequences of pipeline ruptures; (3) rupture-mitigation valve spacing, maintenance and inspection, and risk analysis; (4) to contact 9- 1-1 emergency call centers immediately upon notification of a potential rupture and conduct post-rupture investigations and reviews; and (5) to incorporate lessons learned from such investigations and reviews into operators' personnel training and qualifications programs, and in design, construction, testing, maintenance, operations, and emergency procedure manuals and specifications.
Other safety related updates to ch. PSC 135, include: (1) adoption of federal reporting requirements; (2) clarifying requirements for gathering pipelines; and (3) updates to conform the rule to current technology and safety practices already accepted by the industry. 4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 196.02(1) authorizes the commission to do all things necessary and convenient to its jurisdiction. Section 196.02(3) grants the commission specific authority to promulgate rules. Section 196.745, authorizes the commission to issue orders and rules requiring the safe construction and operation of gas facilities in this state. Section 227.11 authorizes agencies to promulgate administrative rules. Under an agreement with the PHMSA, Office of Pipeline Safety, the commission agrees to adopt those parts of the federal code that apply to pipeline safety.
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The commission estimates that fewer than 100 hours of employee time will be required to develop the rules.
6. List with description of all entities that may be affected by the proposed rule:
Every intrastate gas pipeline operator that operates gas gathering, transmission, or distribution facilities in this state will be impacted by the rule.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
This rulemaking adopts updates to the federal code since the last revision to ch. PSC 135 took effect. Therefore, the changes to ch. PSC 135 proposed in this rulemaking will conform state regulation with respect to pipeline safety, to existing federal regulation. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
This rule will result in no economic impact because pipeline operators are required, under federal law, to follow the federal regulations. The changes to ch. PSC 135 proposed in this rulemaking will authorize the commission to enforce these regulations in Wisconsin. Without this rulemaking, commission authority to administer the federal pipeline safely program in Wisconsin will likely revert to PHMSA, and federal funding for the commission’s pipeline safely program would likely be cancelled. Other changes to ch. PSC 135 proposed in this rulemaking will also result in no economic impact because these changes represent updates to conform the rule to current technology and safety practices already accepted by the industry.
