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  • PHMSA Solicits Comments on Tennessee Gas Pipeline's Request to Extend Special Permit for Class Location Change in West Virginia

PHMSA Solicits Comments on Tennessee Gas Pipeline's Request to Extend Special Permit for Class Location Change in West Virginia

  • By: Learn Laws®
  • Published: 11/13/2025
  • Updated: 11/13/2025

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has opened a 30-day public comment period on a request from Tennessee Gas Pipeline Company, LLC (TGP), a subsidiary of Kinder Morgan, Inc., to extend an existing special permit. Published in the Federal Register on November 13, 2025, this notice addresses TGP's bid to incorporate an additional 673 feet of pipeline into special permit PHMSA-2017-0161. The extension pertains to a natural gas transmission line in Kanawha County, West Virginia, where population growth has shifted the area from a Class 1 to a Class 3 location under federal regulations. This development is significant because it involves waiving specific safety requirements to avoid costly pipeline replacements or pressure reductions, while PHMSA imposes alternative safety measures to protect public safety and the environment.

Background on the Special Permit and Pipeline

TGP's original special permit, PHMSA-2017-0161, was granted on August 11, 2022, and remains effective until August 11, 2032. It allows deviations from two key federal pipeline safety regulations: 49 CFR 192.611(a), which requires operators to confirm or revise the maximum allowable operating pressure (MAOP) after a class location change, and 49 CFR 192.619(a), which governs how MAOP is determined based on factors like design and testing history. These rules aim to ensure pipelines in more populated areas operate at safer pressures or are upgraded accordingly.

The pipeline in question is part of TGP's Line 100-1, a 20-inch diameter natural gas transmission line installed in 1984 with an MAOP of 936 pounds per square inch gauge (psig). The original permit covered three segments totaling 5,545 feet, or about 1.05 miles, within Special Permit Inspection Area 1 in Kanawha County. The requested extension adds 673 feet, bringing the total to 6,218 feet, or approximately 1.18 miles. This segment has experienced a class location change due to increased nearby development, triggering the need for regulatory relief to maintain current operations without immediate infrastructure changes.

PHMSA's role here stems from its authority under the Pipeline Safety Act, which allows special permits when compliance would be impractical, provided equivalent safety levels are achieved through alternative means. TGP submitted its extension request on August 20, 2025, building on the active permit's framework.

Key Players and Regulatory Context

TGP, as a major natural gas transporter and subsidiary of energy giant Kinder Morgan, operates extensive pipeline networks across the U.S. The company has a history of seeking such permits to manage aging infrastructure amid urban expansion. PHMSA, part of the U.S. Department of Transportation, oversees pipeline safety and has issued similar waivers in the past, often with stringent conditions like enhanced monitoring and integrity assessments.

Relevant precedents include other PHMSA special permits for class location changes, such as those granted to operators like Colonial Pipeline or Transcontinental Gas Pipe Line Company. These cases typically involve integrity management programs under 49 CFR Part 192 Subpart O, which require risk assessments, inline inspections, and remedial actions. For instance, in a 2020 permit for a Texas pipeline, PHMSA mandated hydrostatic testing and cathodic protection upgrades to offset the waiver's risks. While not directly cited in the notice, these examples illustrate PHMSA's approach to balancing operational needs with safety.

Political forces include ongoing debates over pipeline infrastructure in energy-dependent regions like West Virginia, where natural gas plays a key economic role. Industry groups, such as the Interstate Natural Gas Association of America, often advocate for flexible regulations to avoid disruptions, while environmental advocates push for stricter oversight to prevent incidents like leaks or explosions. The notice itself does not reference specific political influences, but the broader context involves federal efforts to modernize aging pipelines amid climate and safety concerns.

Environmental and Safety Considerations

PHMSA conducted a review of the request against the National Environmental Policy Act (NEPA) and determined that the extension would not cause significant environmental impacts. The agency referenced its existing final environmental assessment (FEA) for the original permit, concluding that no further assessment is needed. This finding underscores PHMSA's view that the proposed conditions maintain safety without new ecological risks.

The notice details proposed modifications in an updated Attachment A, including segment specifics: one active segment of 1,177 feet and the extension of 1,850 feet, both on Line 100-1. PHMSA states it 'has proposed conditions to ensure that the special permit is not inconsistent with pipeline safety.' While the exact conditions are available in the docket, they typically include requirements for anomaly repairs, pressure monitoring, and public awareness programs.

Different perspectives emerge here. Pipeline operators argue that special permits enable efficient resource allocation, preventing unnecessary shutdowns that could affect energy supply. Critics, including safety watchdogs like the Pipeline Safety Trust, contend that waivers might delay essential upgrades, potentially increasing risks in densely populated areas. The notice invites comments on 'safety, environmental, and other relevant considerations,' reflecting an inclusive evaluation process.

Implications and Perspectives

In the short term, granting the extension could allow TGP to continue operations without immediate capital outlays for replacement or derating, potentially stabilizing natural gas delivery in the region. Long-term implications include setting precedents for how PHMSA handles class location changes nationwide, especially as urban sprawl affects more pipelines. This could influence future regulatory reforms, such as updates to class location definitions proposed in PHMSA's 2022 rulemaking efforts.

From an industry viewpoint, such permits support infrastructure resilience. Environmental groups might highlight risks to local ecosystems or communities, emphasizing the need for robust monitoring. Regulators aim for a middle ground, ensuring waivers do not compromise the integrity management required by law.

The public comment period, ending December 15, 2025, provides an opportunity for stakeholders to weigh in via regulations.gov or other methods. PHMSA will review these inputs before deciding to grant or deny the request.

In summary, this special permit extension request highlights the challenges of adapting legacy pipelines to changing environments. Potential next steps include PHMSA's evaluation of comments, possibly leading to approval with conditions or denial if safety concerns arise. Ongoing debates may focus on enhancing federal standards for class location changes, addressing aging infrastructure, and integrating advanced technologies like smart pigging for inspections. Challenges could involve balancing economic interests with public safety, while future trajectories might see increased scrutiny on environmental impacts amid broader energy transition efforts.

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