Who Regulates What?
Determining who regulates what when it comes to hazardous liquids and gas pipeline safety in the United States is very confusing. A basic rule is that these pipelines are categorized by what they transport or store (e.g., hazardous liquids, gas, etc.) and where they go (e.g., interstate, intrastate, international, residence, commercial, export, onshore, offshore, etc.). Certain aspects of siting, construction, and safety are regulated by different federal and state agencies under various regulatory authorities. Click on the agency or programs listed below to find out more about their specific role(s) in siting, construction, and safety.
Who Oversees Pipeline Siting & Construction, including Environmental Review?
Federal Energy Regulatory Agency (FERC) Reviews applications for construction and operation of interstate natural gas pipelines, authorizes the siting and construction of onshore and near-shore LNG import or export facilities, issues certificates of public convenience and necessity for LNG facilities engaged in interstate natural gas transportation by pipeline, and authorizes natural gas companies to provide storage and storage-related services at market-based rates for new storage capacity. Prepares National Environmental Policy Act (NEPA) environmental impact assessments/statements for all projects. FERC has no jurisdiction over siting and construction of intrastate gas or hazardous liquids pipelines, and no direct jurisdiction over pipeline safety or security.
U.S. Department of Energy (DOE), Office of Regulation, Analysis, and Engagement, Division of Natural Gas Regulation Reviews and authorizes import/export of natural gas, including LNG, CNG, CGL, etc. from and/or to a foreign country.
US Department of Transportation (US DOT), Pipeline Hazardous Materials and Safety Administration (PHMSA), Office of Pipeline Safety (OPS) Reviews and participates in LNG Facility Siting and conducts inspections and oversight of Pipeline Construction.
U.S. Department of Defense (DOD), Army Corps of Engineers (USACE) Reviews applications for construction and operation that occur in the Nation’s waters, including wetlands, this includes: Oil and Gas Structures on the Outer Continental Shelf (OCS) through Nationwide Permit 8, Linear Transportation Projects through Nationwide Permit 14, and Utility Line Activities through Nationwide Permit 12
National Association of Pipeline Safety Representatives (NAPSR) U.S. States have little to no direct role in interstate gas pipeline siting or construction. Some States are involved in siting and construction of intrastate gas pipelines and both interstate and intrastate hazardous liquids pipelines through environmental and engineering reviews and oversight authorities.
Who Oversees Pipeline Safety, including Environmental and Occupational Safety & Health?
U.S. Department of Transportation (US DOT), Pipeline Hazardous Materials and Safety Administration (PHMSA), Office of Pipeline Safety (OPS) Most interstate pipeline inspectors are federal government employees focusing upon 12% of the gas infrastructure in the country.
Occupational Safety and Health Administration (OSHA) Oil and Gas Extraction Program
U.S. Environmental Protection Agency (EPA) Voluntary Methane Programs for the Oil and Natural Gas Industry, Oil Spills Prevention and Preparedness Program
U.S. Department of Interior (DOI), Bureau of Land Management (BLM) Oil and Gas Program
State Occupational Health and Safety Programs California, Alaska, Utah
National Association of Pipeline Safety Representatives (NAPSR) Pipeline safety in Alaska and Hawaii is completely overseen by OPS. In the other states and territories NAPSR members (as of 2013) had direct safety authority over more than 96% of regulated intrastate gas systems and 32% of hazardous liquid systems (including carbon dioxide pipelines). States monitor 88% of the interstate gas infrastructure in the U.S., and approximately 20.5% of underground natural gas storage under PHMSA’s safety authority.
Under What Legal Authorities Is Pipeline Safety Regulated?
U.S. Federal Regulations – Five statutes provide the framework for the Federal pipeline safety program:
- Natural Gas Pipeline Safety Act of 1968
- Hazardous Liquid Pipeline Safety Act of 1979
- Pipeline Inspection, Protection, Enforcement and Safety Act of 2006
- Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
- Protecting our Infrastructure of Pipelines Enhancing Safety (PIPES) Act of 2016
U.S. Department of Transportation’s Pipeline Hazardous Materials and Safety Administration (PHMSA) Office of Pipeline Safety (OPS) ensures safety in the design, construction, operation, maintenance, and spill response planning of America’s 2.6 million miles of natural gas and hazardous liquid transportation pipelines and related infrastructure, including LNG. They do this through the Code of Federal Regulations (CFR) Title 49, specifically Parts 100-199. Below you will find a table to the 49 CFR Parts that specifically pertain to the regulation, monitoring, enforcement, construction, operation, emergency response, and overall safety of hazardous liquids and gas pipeline infrastructure. Click on the Number in the first column of the table to see the full text of that Part.
Note that Parts 190, 191, 192, and 195 were revised and published on September 30, 2019. They will become effective on July 1, 2020. On that date, the links below will be updated.
| Part | Title |
|---|---|
| 130 | Oil Spill Prevention and Response Plans |
| 172 | Hazardous Materials Table, Special Provisions, Hazardous Material Communications, Emergency Response Information, Training Requirements, Security Plans |
| 190 | Pipeline Safety Enforcement and Regulatory Procedures |
| 192 | Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards |
| 193 | Liquefied Natural Gas Facilities: Federal Safety Standards |
| 194 | Response Plans for Onshore Oil Pipelines |
| 195 | Transportation of Hazardous Liquids by Pipeline |
| 196 | Protection of Underground Pipelines from Excavation Activity |
| 198 | Regulations for Grants to Aid State Pipeline Safety Programs |
| 199 | Drug and Alcohol Testing |
State Pipeline Safety Regulations
Not every State or U.S. Territory has jurisdiction over pipeline safety. This drop-down list of pipeline types lists which States DO HAVE jurisdiction.
Interstate Gas Pipelines
Arizona: Pipeline Safety Section, Gas Services Division, Arizona Corporate Commission
Connecticut: PUC
Iowa: Safety and Engineering Section, Iowa Utilities Board
Michigan: Gas Safety Office, PUC
Minnesota: Office of Pipeline Safety, State Fire Marshal Division, Minnesota Department of Public Safety
New York: Office of Gas and Water, New York State Department of Public Service
Ohio: Gas Pipeline Safety Section, PUC
Washington: Washington and Transportation Commission
West Virginia: PSC
Intrastate Gas Pipelines
Alabama: Gas Pipeline Safety Section, PUC
Arizona: Pipeline Safety Section, Gas Services Division, Arizona Corporate Commission
Arkansas: Pipeline Safety Section, PSC
California: California Office of the State Fire Marshal
Colorado: Gas Pipeline Safety Division, PUC
Connecticut: PUC
Delaware: PSC
Florida: PUC
Georgia: Pipeline Safety Office, PUC
Idaho: Gas Pipeline Safety Division, PUC
Illinois: Pipeline Safety Division, Illinois Commerce Commission
Indiana: Pipeline Safety Division, Indiana Utility Regulatory Commission
Iowa: Safety and Engineering Section, Iowa Utilities Board
Kansas: Pipeline Safety Division, Kansas Commerce Commission
Kentucky: Gas Branch, PUC
Louisiana: Office of Conservation, Louisiana Department of Natural Resources
Maine: Gas Safety Division, PUC
Maryland: Pipeline Safety Division, PUC
Massachusetts: Pipeline Engineering/Safety Division, Massachusetts Department of Telecommunications and Energy
Michigan: Gas Safety Office, PUC
Minnesota: Office of Pipeline Safety, State Fire Marshal Division, Minnesota Department of Public Safety
Mississippi: PUC
Missouri: Gas Safety and Engineering Division, PUC
Montana: Gas Pipeline Safety Division, PUC
Nebraska: Deputy State Fire Marshals, Fuels Division, Nebraska State Fire Marshals Office
Nevada: Gas Pipeline Safety Division, PUC
New Hampshire: Pipeline Safety Division, PUC
New Jersey: Bureau of Pipeline Safety, New Jersey Board of Public Utilities
New Mexico: Pipeline Safety Bureau, Transportation Division, New Mexico Public Regulation Commission
New York: Office of Gas and Water, New York State Department of Public Service
North Carolina: Pipeline Safety Section, North Carolina Utility Commission
North Dakota: Testing and Safety Division, PSC
Ohio: Gas Pipeline Safety Section, PUC
Oklahoma: Pipeline Safety Section, Gas Services Division, Oklahoma Corporation Commission
Oregon: Gas Pipeline Safety Division, PUC
Pennsylvania: Gas Safety Division, Bureau of Transportation and Safety, PUC
Puerto Rico: PSC
Rhode Island: Gas Safety Division, PUC
South Carolina: Pipeline Safety Office, PUC
South Dakota: Pipeline Safety Division, PUC
Tennessee: Gas Pipeline Safety Division, Tennessee Regulatory Authority
Texas: Pipeline Safety Section, Gas Services Division, Texas Railroad Commission
Utah: Gas Pipeline Safety Division, PUC
Vermont: Director of Engineering, Vermont Department of Public Service
Virginia: Division of Utility and Railroad Safety, Virginia State Corporation Commission
Washington: Washington Utilities and Transportation Commission
West Virginia: PSC
Wisconsin: Pipeline Safety Program, Natural Gas Division, PSC
Wyoming: Gas Pipeline Safety Division, PUC
District of Columbia: PUC
Interstate Hazardous Liquids
Arizona: Pipeline Safety Section, Gas Services Division, Arizona Corporate Commission
California: California Office of the State Fire Marshal
Minnesota: Office of Pipeline Safety, State Fire Marshal Division, Minnesota Department of Public Safety
New York: Office of Gas and Water, New York State Department of Public Service
Virginia: Division of Utility and Railroad Safety, Virginia State Corporation Commission
Washington: Washington Utilities and Transportation Commission
Intrastate Hazardous Liquids
Alabama: Gas Pipeline Safety Section, PUC
Arizona: Pipeline Safety Section, Gas Services Division, Arizona Corporate Commission
California: California Office of the State Fire Marshal
Kentucky: Gas Branch, PUC (Agreement)
Louisiana: Office of Conservation, Louisiana Department of Natural Resources
Maryland: Pipeline Safety Division, PUC
Minnesota: Office of Pipeline Safety, State Fire Marshal Division, Minnesota Department of Public Safety
Mississippi: PUC
New Mexico: Pipeline Safety Bureau, Transportation Division, New Mexico Public Regulation Commission (Agreement)
New York: Office of Gas and Water, New York State Department of Public Service
Oklahoma: Pipeline Safety Section, Gas Services Division, Oklahoma Corporation Commission
South Carolina: Pipeline Safety Office, PUC (Agreement)
Texas: Pipeline Safety Section, Gas Services Division, Texas Railroad Commission
Virginia: Division of Utility and Railroad Safety, Virginia State Corporation Commission
Washington: Washington Utilities and Transportation Commission
West Virginia: PSC