Current through Register Vol. 54, No. 37, September 14, 2024
Section 59.138 - Horizontal directional drilling and trenchless technology, or direct buried methodologies(a)Scope. This section establishes requirements for hazardous liquid public utilities using HDD, TT or direct buried methodologies for constructing new pipelines, and relocating or replacing existing pipelines (the foregoing terms individually or in the aggregate shall constitute the term "construction" for purposes of this section), or in the O&M of pipelines as referenced in 49 CFR 195 Subpart F (relating to operation and maintenance).(b)Notifications.(1) At least 30 days prior to the beginning of HDD, TT or direct buried construction, a hazardous liquid public utility shall provide notice of the date that HDD, TT or direct buried construction will begin as follows: (i) The Pipeline Safety Section by electronic mail.(ii) Local government officials and county emergency management through electronic mail.(iii) The affected public by means of door cards, regular mail and local newspaper notices.(2) If the date of commencement of HDD, TT or direct buried construction is extended or delayed, the hazardous liquid public utility shall renotify the Pipeline Safety Section, local government officials and county emergency management by electronic mail of the date the HDD, TT or direct buried construction will begin.(3) The hazardous liquid public utility shall hold at least one public meeting with local government, residents and emergency responders at least 30 days before the commencement of HDD, TT or direct buried construction within the boundaries of the jurisdictions of the local governments where the HDD, TT or direct buried construction is planned to occur.(4) Notice must be given to the Pipeline Safety Section supervisor and manager on duty by electronic mail and telephone call at least 24 hours prior to the commencement of HDD, TT or direct buried construction and must include the names of all municipalities affected, GPS coordinates of the entry point of the drilling operation and the date when drilling will begin.(c)Geological and environmental impacts. For a pipeline with a bore diameter 8 inches or greater, a bore depth greater than 10 feet or pipeline length greater than 250 feet, a hazardous liquid public utility using HDD or TT methodology shall do all of the following: (1) Conduct an analysis of geological and environmental impacts of using HDD or TT methodology. An analysis developed in conformance with the Department of Environmental Protection's Trenchless Technology Guidance, Document No. 310-2100-003, as Adopted and updated, or in a manner at least as protective of public health, public safety and the environment meeting all applicable statutory and regulatory requirements, shall satisfy this requirement. The analysis shall be made available to the Pipeline Safety Section upon request.(2) Develop a written preparedness, prevention and contingency plan that: (i) Addresses all of the following: (A) Potential environmental impacts from drilling fluid discharges.(B) Potential impacts to public and private water supplies.(C) Underground mining and karst terrain.(ii) Is made available to the Pipeline Safety Section upon request.(3) Conduct a geotechnical evaluation of subsurface conditions before and after construction along a pipeline or pipeline facility using appropriate geophysical techniques as recommended by a licensed professional geophysicist, professional geologist or professional geotechnical engineer. The evaluations shall be made available to the Pipeline Safety Section upon request.(4) Conduct geotechnical sampling at the locations where suspected anomalous conditions are identified through geophysics analysis and conduct postconstruction geophysics analysis within 30 days of pipeline installation using the techniques as recommended by the licensed professional geophysicist, professional geologist or professional geotechnical engineer. The analyses shall be made available to the Pipeline Safety Section upon request.(5) Maintain the integrity of affected pipeline facilities in accordance with 49 CFR 195.452(h) (relating to pipeline integrity management in high consequence areas) including in non-HCAs and take actions to mitigate risk including all of the following: (i) Beginning mitigation of all adverse environmental impacts as soon as practicable and notifying the Pipeline Safety Section within 2 hours of determination with a follow-up action plan within 24 hours of determination of the impact if anomalous conditions are found.(ii) Following 49 CFR 195.55 (relating to reporting safety-related conditions) and applicable State laws and regulations.(6) Provide the Pipeline Safety Section with the following upon request: (i) HDD design plans reviewed and sealed by a licensed Pennsylvania professional engineer and a professional geologist, including all of the following: (A) The exact location and a general area map.(B) A description of the project, including the pipeline identification information, size and grade.(C) The total project cost.(D) The estimated start and completion date.(ii) Proof of required notifications.(iii) Geotechnical sampling, at a minimum, every 250 feet.(iv) Geotechnical report.(d)Protection of water wells and supplies. For HDD or TT construction near a private water supply source, a public water supply source, or both, such as a well or a reservoir, a hazardous liquid public utility shall do all of the following: (1) Identify public and private water supply wells within 1,000 feet of HDD or TT construction, surface water intakes within 1 mile downstream and water supplies deemed at potential risk due to geological structures.(2) Identify the owners and users of water supplies within 1,000 feet of HDD or TT construction.(3) Notify owners and users of a water supply identified in paragraph (2) prior to the beginning of HDD or TT construction and provide them with an opportunity to have their water supplies tested before, during and after HDD or TT construction.(e)Records. A hazardous liquid public utility shall maintain records documenting compliance with the requirement of this section. The records must be made accessible to the Pipeline Safety Section upon request. A hazardous liquid public utility shall retain the records for the life of the pipeline.Adopted by Pennsylvania Bulletin, Vol 54, No. 37. September 14, 2024, effective 9/14/2024