The federal pipeline safety statutes are found in 49 USC Parts 60101 to 60141. The federal pipeline safety regulations may be found in 49 CFR Parts 190 to 199. Under an agreement with the U.S. Department of Transportation, PHMSA Office of Pipeline Safety, the Commission enforces the federal pipeline safety regulations for Wisconsin’s natural gas pipeline operators, primarily public utilities. Under this agreement, the Commission has the authority to make additions to the federal code that are more stringent than the federal standards. Wisconsin Admin. Code ch. PSC 134 relates to gas service standards and has some requirements concerning safe interactions between pipeline operators and their customers. E. Plain Language Analysis
Since 1968 the Commission has incorporated and adopted updates to the federal pipeline safety code in Wis. Admin. Code ch. PSC 135. This rulemaking revises Wis. Admin. Code ch. PSC 135 to incorporate updates to the federal pipeline safety code since the last revision to Wis. Admin. Code ch. PSC 135 took effect. An existing agreement with the U.S. Department of Transportation, Office of Pipeline Safety, authorizes the Commission to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations, 49 CFR Parts 192, 193, and 199. As part of this agreement, the Commission adopts the federal pipeline safety code in Wis. Admin. Code § PSC 135.019. Wisconsin Admin. Code § PSC 135.019 currently adopts the federal code as it exists through October 1, 2017. Since that date, PHMSA updated the federal code with respect to plastic piping systems, onshore gas transmission pipelines, underground storage facilities, and gas pipeline regulatory reform necessary to enhance pipeline safety by adopting innovative technologies and best practices. These proposed revisions adopt the federal code through March 21, 2021. Amendments to the federal code related to plastic piping systems include: (1) increasing the design factor of polyethylene pipe; (2) increasing the maximum pressure and diameter for Polyamide-11 pipe and components; (3) allowing the use of Polyamide-12 pipe and components; (4) new standards for risers; (5) more stringent standards for plastic fittings and joints; (6) stronger mechanical fitting requirements; (7) the incorporation by reference of certain new or updated consensus standards for pipe, fittings, and other components; (8) the qualifications for personnel joining and installing plastic pipe. Amendments to ch. PSC 135 that coincide with these revisions to federal code related to plastic piping systems include renumbering and amending PSC 135.204, 135.321, and 135.720. Amendments to the federal code related to onshore gas transmission pipelines include: (1) integrity management requirements, focused on the actions an operator must take to reconfirm the maximum allowable operating pressure of previously untested natural gas transmission pipelines and pipelines lacking certain material or operational records; (2) the periodic assessment of pipelines in populated areas not designated as “high consequence areas;” (3) the reporting of exceedances of maximum allowable operating pressure; (4) the consideration of seismicity as a risk factor in integrity management; (5) safety features on in-line inspection launchers and receivers; (6) a 6-month grace period for 7-calendar-year integrity management reassessment intervals; and (7) related recordkeeping provisions.
Amendments to the federal code related to underground natural gas storage facilities include: (1) incorporation by reference of American Petroleum Institute (API) Recommended Practices; (2) requirements to implement integrity management programs; (3) risk management for salt caverns; (4) narrowing the scope of reportable events and changes at facilities; (5) revising the definition of an “underground natural gas storage facility;” and (6) changing the name of the reporting portal.
Amendments to the federal code related to gas pipeline regulatory reform include: (1) inspection of farm taps, (2) exempting master meter operators from distribution integrity management requirements, (3) revision of reporting requirements for mechanical fitting failures, (4) increasing the monetary threshold for incident reporting, (5) clarifying that operators may remotely inspect rectifiers, (6) revision of atmospheric corrosion monitoring requirements, (7) improve alignment with updated plastic pipe standards, (8) align pressure vessel test factor requirements with industry standards, (9) revision of welding process requirements to align with welder requalification requirements, and (10) allow for pre‑testing of fabricated units and short segments of steel pipe prior to installation on pipelines with lower‑stress operating conditions.
Adoption of the latest changes to the federal code will: (1) keep the state standards for gas safety up to date with national industry trends, (2) allow the Commission to enforce these standards in Wisconsin, and (3) maintain the Commission’s compliance with its agreement with the U.S. Government to enforce these standards in exchange for reimbursement of program costs.
Safety related updates to ch. PSC 135 include: (1) amending and renumbering PSC 135.457, 135.505, 135.713, 135.727, and 135.747 to coincide with previous revisions to the federal code; (2) amending PSC 135.163 (1) and repealing PSC 135.163 (1) (Note) which both reference a repealed chapter, (3) clarifying the required interval for utility leak detection surveys in PSC 135.723; (4) removing and modifying PSC 135.055, 135.621 (1), and 135.753 that refer to old technology no longer in use, including the Bessemer process and the grandfathered use of cast iron pipe; and (5) requiring gas operators to file construction standards prior to construction in PSC 135.019 (5). F. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations
As this is the adoption of the federal regulations, the pipeline safety standards in Wis. Admin. Code ch. PSC 135 are the same as the federal regulations. The federal pipeline safety statutes and regulations are found in 49 USC Parts 60101 to 60141 and 49 CFR Parts 190 to 199. G. Comparison with Similar Rules in Adjacent States
All states, including Michigan, Iowa, Illinois, and Minnesota, adopt the federal pipeline safety regulations.
H. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen
No factual data or methodologies were relied upon. The rule changes adopt the federal pipeline safety regulations into Wis. Admin. Code ch. PSC 135. I. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report
The Commission’s fiscal estimate and economic impact analysis determined that the proposed rules will not have an economic effect on small businesses. The Commission sought input from all gas utilities, Wisconsin Utilities Association, Utility Workers’ Coalition, and the National Federation of Independent Businesses.
J. Effect on Small Business (initial regulatory flexibility analysis)
These rules will not have an economic impact on small businesses. Wisconsin Stat. § 227.114 (1) states that a small business is not dominant in its field. Since gas utilities are monopolies in their service territories, they are dominant in their field and are not small businesses. Further, the contract between the U.S. Department of Transportation, PHMSA, and the Commission requires that treatment be uniform across the state and across gas pipeline operators. As a result, the Commission cannot make special provisions for small business.
K. Agency Contact Person
Questions regarding this matter should be directed to the docket coordinator Alex Kirschling at (608) 266-5576 or Alex.Kirschling@wisconsin.gov. Small business questions should be directed to Tara Kiley at (608) 266-7165 or Tara.Kiley@wisconsin.gov. Media questions should be directed to Communications Director Jerel Ballard at (608) 266-9600. L. Place Where Comments are to be Submitted and Deadline for Submission
The Commission was not directed by the Joint Committee for Review of Administrative Rules to conduct a preliminary public hearing.
A hearing notice, announcing the public hearing and public comment period, was published on the Commission’s website on June 14, 2021 and in the Wisconsin Administrative Register on June 21, 2021. A virtual public hearing was held on August 2, 2021. The Commission accepted comments by mail, online, and at the public hearing. The public comment period ended on August 6, 2021.
Appendix A
TEXT OF PROPOSED RULE
Section 1. PSC 135.019 (1) is amended to read:
PSC 135.019 Adoption of federal minimum pipeline safety standards by reference.
(1) The federal department of transportation, office of pipeline safety, pipeline safety standards, as adopted through October 1, 2017 March 21, 2021, and incorporated in 49 CFR Parts 192, 193 and 199, including the appendices, are adopted as state pipeline safety standards and incorporated by reference into this chapter. Section 2. PSC 135.019 (5) is created to read:
PSC 135.019 Adoption of federal minimum pipeline safety standards by reference.
(5) Prior to constructing gas pipelines, all gas public utilities and gas pipeline operators shall have on file with the public service commission a copy of the construction specifications or standards required under 49 CFR 192.303, welding procedures required under 49 CFR 192.225, and joining procedures required under 49 CFR 192.273. Each change in the specifications, standards, or procedures shall be filed with the public service commission within 20 days after the change is made. Section 3. PSC 135.055 is repealed.
Section 4. PSC 135.163 (1) is amended to read:
PSC 135.163 Compressor stations: design and construction additions [49 CFR 192.163]. (bw) All compressor station buildings shall be constructed of non‑combustible materials as defined under s. Comm 51.01 (86).
Section. 5. PSC 135.163 (1) (Note) is repealed.
Section 6. PSC 135.204 is renumbered PSC 135.206 and amended to read:
192.204w 192.206w Pipelines on private right-of-way of electric transmission lines. Where gas pipelines parallel overhead electric transmission lines on the same right-of-way, the company operating the pipelines shall take the following precautions:
(a) Employ blow-down connections and relief valve vents that will direct the gas away from the electric conductors.
(b) Make a study in collaboration with the electric company on the common problems of corrosion and electrolysis, taking the following factors into consideration:
(1) The possibility of the pipeline carrying either unbalanced line currents or fault currents.
(2) The possibility of lightning or fault currents inducing voltages sufficient to puncture pipe coatings or pipe.
(3) Cathodic protection of the pipeline, including location of ground beds, especially if the electric line is carried on steel towers.
(4) Bonding connections between the pipeline and either the steel tower footings or the buried ground facilities or the ground-wire of the overhead electric system.
(c) Investigate the necessity of protecting insulating joints in the pipeline against induced voltages or currents resulting from lightning strokes strikes. Such The protection can be obtained by connecting buried sacrificial anodes to the pipe near the insulating joints or by bridging the pipeline insulator with a spark-gap or by other effective means.
Section 7. PSC 135.321 is renumbered PSC 135.321 (1) and (2) and amended to read:
(fw) The casing pipe shall be reamed and cleaned to the extent necessary to remove any sharp edges, projections, or abrasive material which could damage the plastic during and after insertion. That portion of the plastic piping which spans disturbed earth shall be adequately protected by a bridging piece or other means from crushing or shearing from external loading or settling of backfill. Care shall be taken to prevent the plastic piping from bearing on the end of the casing.
