ILTA, Coalition Comments on PHSMA Breakout Tank Inspection NPRM
The American Petroleum Institute (API), the Liquid Energy Pipelines Association (LEPA),2the American Fuel & Petrochemical Manufacturers (AFPM), the International Liquid Terminal Association (ILTA), and the National Association of Manufacturers (NAM) (collectively, the “Associations”) respectfully submit the following comments in response to the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) “Pipeline Safety: Breakout Tank Inspection” Notice of Proposed Rulemaking (NPRM) (Docket No. PHMSA-2025-1271). The Associations welcome the opportunity to comment in this proceeding and commend PHMSA for recognizing the need to modernize pipeline safety regulations.
The Associations are encouraged by PHMSA’s proposal to modernize breakout tank inspection requirements and incorporation by reference (IBR) of API Standard 653, 5th edition, Tank Inspection, Repair, Alteration, and Reconstruction (API 653). This proposed rulemaking is a significant and welcome step toward a more practical, risk-informed, and performance-based regulatory approach to breakout tank integrity while maintaining safety and regulatory oversight. The Associations support PHMSA’s efforts to modernize the breakout tank inspection framework and recognize the agency’s consideration of industry input throughout the rulemaking process. The proposed rule incorporates several important improvements, including adoption of the 5th edition of API 653 and extension of the maximum interval for initial inspections following tank construction of up to 20 years when appropriate safeguards are in place.
However, PHMSA’s proposal falls short of embracing the full scope and potential of API 653, 5th edition. PHMSA proposes to place arbitrary caps on maximum initial and reinspection intervals, in contrast to API 653, 5th edition, which contains no limits on its implementation. PHMSA’s proposed caps on API 653 out-of-service (OOS) inspection intervals do not reflect current engineering practice and, as the Association’s comments will describe, are not supported by operational practice or tank incident data. Indeed, PHMSA’s proposal is less safe than experience operating under API 653, 5th edition without limitations. Data collected by the Associations demonstrate tanks operating outside of PHMSA’s current regime have a 44% lower leak rate than PHMSA regulated tanks. These data show that tanks operating under API 653, 5th edition are actually safer than PHMSA regulated tanks.
The Associations therefore respectfully request that PHMSA fully adopt the 5th edition of API 653 as written, without imposing an additional regulatory cap on RBI-based reinspection intervals. However, if PHMSA determines it must set an upper reinspection interval limit, the cap should be no less than 30 years. This change is supported by operational experience and incident data from non-PHMSA jurisdiction tanks and is consistent with reinspection maximum thresholds set in state regulations under the EPA Spill Prevention, Control, and Countermeasures (SPCC) program. Under the SPCC program, EPA’s SPCC Guidance for Regional Inspectors document includes a specific reference to API 653 and how it provides criteria for establishing alternative inspection intervals based on the calculated corrosion rate or risk-based inspection assessment.
You can read the full comment package in the attahed file to this page.