On April 28, 2024 the Pipeline and Hazardous Materials Safety Administration (PHMSA) published the Pipeline Safety: Periodic Updates to Regulator References to Technical Standards and Miscellaneous Amendments Final Rule. The rule updated approximately 20 voluntary, consensus standards in 49 CFR 192 and 195, including ASME B31.8S and API 5L. The rule was set to go into effect on June 28, 2024. However, APGA and the other industry trade associations submitted a Petition for Reconsideration and a Request for a Stay of Enforcement. Industry requested that PHMSA delay enforcement requiring the use of the updated standards until January 1, 2025. On June 20, 204 PHMSA issued an allowance of that request. Operators now have an option to utilize the previously incorporated versions of the consensus standards or update to the new versions. Every operator must fully comply with the new versions by January 1, 2025.
PHMSA states in the notice “Specifically, this Notice advises regulated entities that PHMSA will exercise its discretion by allowing compliance with either the updated industry standards incorporated by the Final Rule or the industry standards referenced in the regulations prior to the publication of the Final Rule. The period of this limited enforcement discretion will be from the date of issuance below until January 1, 2025, and applies to all of the updated industry standards incorporated by the Final Rule, not just those referenced by petitioners. This will provide regulatory flexibility to pipeline operators while at the same time maintaining an equivalent level of safety during the current construction season. In addition, this enforcement discretion will ensure operators have sufficient time to understand the new standards, update procedures, train personnel, acquire new materials, develop and implement management-of-change processes, avoid any disruptions to ongoing construction projects10 and plan future construction projects using the updated standards.”
Please note that your state regulator does not necessarily have to agree with PHMSA and may decide to begin requiring the new versions before January 1, 2025. You are encouraged to verify with your state their course of action.
For questions on this article, please contact Erin Kurilla of APGA staff by phone at 202-464-2742 or by email at
ekurilla@apga.org.