PHMSA’s 22 Direct Final Rules
PHMSA sent 22 Direct Final Rules (DFRs) to the Federal Register on Friday afternoon. A DFR is a process used by government agencies to issue non-controversial regulations quickly. A rule is published in the Federal Register along with a statement that it will take effect unless significant adverse comments are received within the identified timeframe. If no such comments are received, the rule will become effective. If adverse comments are received, the agency may withdraw the direct final rule and then proceed with the standard rulemaking process.
These DFRs also appear to get around this and previous Administration’s Executive Orders (EO) by stating that the rules are not “significant regulatory actions”, “significant energy actions”, or “major rules” and by estimating “that the total cost of the DFRs on the regulated community will be less than zero”. This includes bypassing the recent EO 14192, Unleashing Prosperity Through Deregulation, which requires that for “each new regulation issued, at least 10 prior regulations be identified for elimination.”
Where needed, Elemental will complete and publish a deeper dive on each DFR. In the meantime, enjoy this high-level summary of each DFR and what the implications may be for your pipeline and other asset operations.
General DFRs
Adjust Annual Report Filing Timelines - The annual reporting deadline for gas distribution pipelines, gas transmission pipelines, regulated gas gathering pipelines, Type R gas gathering lines, underground natural gas storage facilities, and liquefied natural gas facilities has been extended to June 15th to coincide with the hazardous liquid reporting deadline.
Clarifying Recordkeeping Requirements for Testing in MAOP Reconfirmation Regulation - This DFR states that requirements specified in 49 CFR 192.517(a) for pressure testing do not apply retroactively when determining the applicability of the requirements for maximum allowable operating pressure (MAOP) reconfirmation.
Integration of Innovative Remote Sensing Technologies for Right-of-Way Patrols on Gas and Hazardous Liquid Pipelines - PHMSA employs this DFR to clarify that compliant right-of-way patrol methodologies may include remote sensing technologies, such as unmanned aerial systems and satellites.
Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments; Additional Technical Amendments; Response to Petition for Reconsideration - This DFR includes technical amendments to the April 2024 Final Rule, Periodic Updates of Regulatory References to Technical Standards, specifically with regard to ASME B31.8S, Supplement to B31.8 on Managing System Integrity of Gas Pipelines (ASME B31.8S). Previously, particular code sections still referenced portions of the 2004 version and other portions referenced the 2018 version of that standard. This update changes all ASME B31.8S references to employ the 2018 version of the standard.
Property Damage Definition for Incident Reporting on Gas Pipelines and Accidents on Hazardous Liquid Pipelines - PHMSA is revising the methodology for determining property damage to meet the reportable incident or accident threshold for natural gas or hazardous liquid pipeline facility releases. Certain indirect impacts associated with investigating and repairing a release do not contribute to that threshold. This DFR also adopts an inflation adjusted property damage threshold for reporting hazardous liquid pipeline accidents which matches the reporting threshold gas pipeline incidents.
Rationalize Calculation of Regulatory Filing and Compliance Deadlines - This DFR clarifies when calculating reporting timeframes as required under 49 CFR 190. If a deadline falls on a weekend or a federal holiday the actual due date is deferred until the following business day.
Incorporated by Reference DFRs
Perhaps the largest lift will be PHMSA’s DFR to update 17 industry standards that are currently Incorporated by Reference (IBR). Industry standard developers like API, ASTM, NFPA, and PPI write these documents guiding industry best practices for specific topics. PHMSA leverages these documents to outsource expertise on specialized activities. The developers of these documents often make updates every few years, though adoption of new standards by PHMSA has been slow in the past. All of the below updates are currently listed as effective on January 1, 2026.
Updated Standards IBR for Hazardous Liquid Tanks
Update API RP 2026, Safe Access/Egress Involving Floating Roofs of Storage Tanks in Petroleum Service - Update from Third Edition to Fourth Edition
Update API STD 620, Design and Construction of Large, Welded, Low-Pressure Storage Tanks - Update to include Addendums 2, 3, and 4, and Errata 1
Updated Standards IBR for Natural Gas Underground Storage
Update API RP 1170, Design and Operation of Solution-mined Salt Caverns Used for Natural Gas Storage, and API RP 117, Functional Integrity of Natural Gas Storage in Depleted Hydrocarbon Reservoirs and Aquifer Reservoirs - Update both from First Edition to Second Edition
Updated Standards IBR for Natural Gas
Update ASTM A578/A578M, Standard Specification for Straight-Beam Ultrasonic Examination of Rolled Steel Plates for Special Applications - Update from 2001 version to the 2017 version
Update ASTM F1973, Standard Specification for Factory Assembled Anodeless Risers and Transition Fittings in Polyethylene (PE) and Polyamide 11 (PA11) and Polyamide 12 (PA12) Fuel Gas Distribution Systems - Update from 2013 version to the 2021 version
Update ASTM F2145, Standard Specification for Polyamide 11 and Polyamide 12 Mechanical Fittings for Use on Outside Diameter Controlled Polyamide 11 and Polyamide 12 Pipe and Tubing - Update from 2013 version to 2023 version
Update ASTM F2600, Standard Specification for Electrofusion Type Polyamide-11 Fittings for Outside Diameter Controlled Polyamide-11 Pipe and Tubing - Update from 2009 version to 2023 version
Update ASTM F2767, Specification for Electrofusion Type Polyamide-12 Fittings for Outside Diameter Controlled Polyamide-12 Pipe and Tubing for Gas Distribution - Update from 2012 version to 2023 version
Update ASTM F2817, Standard Specification for Poly (Vinyl Chloride) (PVC) Gas Pressure Pipe and Fittings for Maintenance or Repair - Update from 2010 version to 2023 version
Update ASTM F2945, Standard Specification for Polyamide 11 Gas Pressure Pipe, Tubing, and Fittings - Update from 2012 version to 2023 version
Update NFPA 70, National Electrical Code (NEC) - Update from 2017 edition to 2023 edition
Update PPI-TR 4, PPI HSB Listing of Hydrostatic Design Basis (HDB), Hydrostatic Design Stress (HDS), Strength Design Basis (SDS), Pressure Design Basis (PDB) and Minimum Required Strength (MRS) Ratings For Thermoplastic Piping Materials or Pipe - Update from 2011 edition to 2024 edition
Update PPI-TR 3, Policies and Procedures for Developing Hydrostatic Design Basis (HDB), Hydrostatic Design Stresses (HDS), Pressure Design Basis (PDB), Strength Design Basis (SDB), Minimum Required Strength (MRS) Ratings, and Categorized Required Strength (CRS) for Thermoplastic Piping Materials or Pipe - Update from 2012 edition to 2024 edition
Updated Standards IBR for Hazardous Liquid and Natural Gas
Update API Spec 6D, Specification for Valves - Update from 24th Edition to 25th Edition
Update ASTM A381/A381M, Standard Specification for Metal-Arc-Welded Carbon or High-Strength Low-Alloy Steel Pipe for Use with High-Pressure Transmission Systems - Update from 2018 version to 2023 version
Update ASTM A53/A53M, Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless - Update from 2020 version to 2022 version
Operators will want to understand the differences between older and newer versions of these IBR documents. Elemental Compliance experts will deploy a comprehensive review and comparison of these procedures. If you would like to receive our expert analysis please contact Lauren.Tipton@ElementalCompliance.com for further details.
Contact Elemental Compliance for additional information, questions on the Direct Final Rules, and to keep your pipeline safety programs up to speed with the rapidly changing regulatory landscape. Also consider signing up for our Regulatory Compliance Newsletter on our website where we provide real time updates on PHMSA and state pipeline safety activities at https://www.elementalcompliance.com/about.