[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Notices]
[Pages 41647-41648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15123]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket ID PHMSA-2016-0049]


Pipeline Safety: Gaseous Carbon Dioxide Pipelines

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice; request for comments.

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SUMMARY: PHMSA is seeking public comment on a PHMSA-authored report 
titled: ``Background for Regulating the Transportation of Carbon 
Dioxide in a Gaseous State,'' which is available in the docket at 
PHMSA-2016-0049. The report evaluates existing and potential future 
gaseous carbon dioxide (CO2) pipelines and outlines PHMSA's approach 
for establishing minimum pipeline safety standards for the 
transportation of carbon dioxide in a gaseous state to fulfill the 
requirements of section 15 of the Pipeline Safety, Regulatory 
Certainty, and Job Creation Act of 2011 (the Act). The Act requires the 
Secretary of Transportation to ``prescribe minimum safety standards for 
the transportation of carbon dioxide by pipeline in a gaseous state.'' 
PHMSA is seeking to better understand the possible effects of the 
regulatory scenarios presented within the report, as well as the 
locations and extent of gaseous carbon dioxide pipelines, and is 
requesting feedback on the validity and applicability of these effects 
and the location and extent of these pipelines. As PHMSA does not 
currently regulate these pipelines, its ability to reach out and locate 
operators of gaseous carbon dioxide pipelines has been limited and it 
is unclear if PHMSA's current information is comprehensive.

DATES: The public comment period for this notice ends July 27, 2016.

ADDRESSES: You may submit comments identified by the Docket ID PHMSA-
2016-0049 by any of the following methods:
     E-Gov Web site: http://www.regulations.gov. This site 
allows the public to enter comments on any Federal Register notice 
issued by any agency. Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System, U.S. Department of 
Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, 
Washington, DC 20590.
    Hand Delivery: DOT Docket Management System, Room W12-140, on the 
ground floor of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC between 9:00 a.m. and 5:00 p.m., Monday through Friday, 
except Federal holidays.
    Instructions: Identify the Docket ID at the beginning of your 
comments. If you submit your comments by mail, submit two copies. If 
you wish to receive confirmation that PHMSA has received your comments, 
include a self-addressed stamped postcard. Internet users may submit 
comments at http://www.regulations.gov.


[[Page 41648]]


    Note:  Comments will be posted without changes or edits to 
http://www.regulations.gov including any personal information 
provided.

    Privacy Act Statement: Anyone may search the electronic form of all 
comments received for any of our dockets. You may review DOT's complete 
Privacy Act Statement in the Federal Register published April 11, 2000 
(65 FR 19477).

FOR FURTHER INFORMATION CONTACT: Kenneth Lee, Director, Engineering and 
Research Division, at 202-366-2694 or [email protected] about the 
subject matter in this notice.

SUPPLEMENTARY INFORMATION: Section 15 of the Act requires the Secretary 
of Transportation to ``prescribe minimum safety standards for the 
transportation of carbon dioxide by pipeline in a gaseous phase.''
    The Act requires that in ``establishing the standards, the 
Secretary shall consider whether applying the minimum safety standards 
in part 195 of title 49, Code of Federal Regulations, as in effect on 
the date of enactment of this paragraph, for the transportation of 
carbon dioxide in a liquid state to the transportation of carbon 
dioxide in a gaseous state would ensure safety.'' Further, the Act 
limited this authority, stating: ``Nothing in this subsection 
authorizes the Secretary to regulate piping or equipment used in the 
production, extraction, recovery, lifting, stabilization, separation, 
or treatment of carbon dioxide or the preparation of carbon dioxide for 
transportation by pipeline at production, refining, or manufacturing 
facilities.''
    After carefully reviewing the available information with regard to 
gaseous carbon dioxide pipelines, PHMSA has been unable to identify 
specific gaseous carbon dioxide pipelines or pipeline operators that 
would potentially be subject to future regulation per section 15 of the 
Act. For instance, in PHMSA's aforementioned report, a 78-mile, low-
pressure gaseous carbon dioxide pipeline was identified as being 
located within a gas gathering field. In that instance, the 
applicability of future regulations could be unclear. PHMSA's report 
outlines much of the information gathered and available to PHMSA, which 
appears to support the likelihood that a majority of the carbon dioxide 
transported over distances would be in the supercritical fluid state, 
thereby subjecting these lines to the existing part 195 regulations, 
where applicable.
    PHMSA is seeking public comment to better understand the possible 
effects of the regulatory scenarios presented within the report, 
information considered within the report, conclusions that could be 
drawn from the report, information missing from the report, and to 
better understand the locations and extent of gaseous carbon dioxide 
pipelines (whether existing or planned). Since PHMSA does not currently 
regulate these pipelines, its ability to reach out and locate 
potentially affected operators has been limited. PHMSA welcomes views 
and updates on the necessity for and approach to regulations for 
gaseous carbon dioxide pipelines per section 15 of the Act. Some areas 
of interest include:
    1. Comments and suggestions with respect to the information 
included within the report, including comments on gaseous carbon 
dioxide pipelines and their regulation in general, as well as any 
conclusions readers can draw from the information presented.
    2. Identifying gaseous carbon dioxide pipelines or pipeline 
operators not already identified in the report that would potentially 
be subject to regulation if they are regulated as outlined in the 
report per the requirements of section 15 of the Act. Include details, 
if available, such as pipeline location and length.
    3. Identifying and discussing likely locations for the future 
construction of gaseous carbon dioxide pipelines not already discussed 
in the report that would potentially be subject to regulation if 
regulated as outlined in the report per the requirements of section 15 
of the Act.
    4. Comments on the two potential options for regulating gaseous 
carbon dioxide outlined in the report. These options would:
     Regulate the transport of gaseous CO2 entirely under part 
192, or
     Regulate the transport under part 192, where appropriate, 
with reference to applicable sections of part 195.
    If a particular regulatory approach is more appropriate or 
preferable, please provide supporting examples and reasons why. If 
against either approach, please provide supporting examples and reasons 
for being against the approach.
    5. The report identifies industry projections for carbon dioxide 
pipeline need and growth. Please discuss whether these projections are 
consistent and accurate with current data. If they have changed, please 
discuss how they have changed.
    6. Please comment on any technical standards addressing gaseous 
carbon dioxide pipelines that PHMSA could consider incorporating into 
any potential regulations.
    7. If PHMSA pursues one of the regulatory scenarios presented 
within the report, and as stated in Area #4 above, would a simpler 
approach be adequate and responsible at this time? Could PHMSA make a 
change to the scope of part 192 to include gaseous carbon dioxide 
without any further technical differentiations within the regulations 
or without referencing the regulations for carbon dioxide in the 
supercritical state per existing part 195 regulations?

    Issued in Washington, DC, on June 22, 2016, under authority 
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Acting Associate Administrator for Pipeline Safety.
[FR Doc. 2016-15123 Filed 6-24-16; 8:45 am]
 BILLING CODE 4910-60-P