PHMSA vs OSHA for Hydrocarbon Facilities

Hydrocarbon facilities in the U.S. - such as refineries, gas plants, terminals, and pipelines - often fall under both PHMSA and OSHA jurisdiction, but for different reasons. Their scopes overlap in some areas (especially process safety), yet each agency enforces distinct regulations. Let's take a deeper dive into the PHMSA and OSHA in-service integrity regulations.

1. Primary Regulatory Focus

Both organizations are focused on integrity, but the principal question for companies in these sectors to ponder is whether these facilities fall under the OSHA Process Safety Management regulation. The table below presents each organization's primary responsibilities:

2. Jurisdiction

A PHMSA draft notification document was issued in 2020 to help clear up where PHMSA jurisdiction ends and OSHA begins. After researching this document and reviewing other announcements/articles, the table below summarizes AOC's understanding

3. Key Regulations

The regulations below are where the confusion lies.

4. Overlap and Coordination

PHMSA jurisdiction typically ends at the first valve inside a refinery, tank farm, or process facility; beyond that, OSHA takes over. To clear this up, the announcement defined Midstream Facilities as:

"A processing facility that receives products being transported by PHMSA-jurisdictional pipelines and reinjects those products for continued transportation by pipeline. In other words, a midstream processing facility is a processing facility with piping or storage that is engaged in the transportation of gas or hazardous liquids by pipeline, and is therefore a pipeline facility subject to PHMSA jurisdiction. The pipeline systems within or associated with midstream processing facilities may be subject to regulation by one or more Federal agencies, depending on the facility's purpose and configuration. PHMSA regulates the safety of transportation-related pipeline systems associated with midstream processing facilities in 49 CFR parts 190–199, while OSHA regulates safety within midstream processing facilities using the Process Safety Management (PSM) regulations (29 CFR 1910.119)." ⁽³⁾

5. Examples

Below are some specific examples to help your understanding of the boundaries of the regulations.

6. Integration Tip for Operators

To stay compliant and efficient:

• Map jurisdictional boundaries clearly in your documentation and drawings
• Align Mechanical Integrity (MI) and Risk-Based Inspection (RBI) programs so they meet both OSHA PSM and PHMSA IMP expectations
• Cross-reference PSM, RMP, and PHMSA IMP requirements to avoid duplicate work and inconsistent risk management.

If your organization needs help aligning your MI programs to comply with both organizations, please contact us or reach out to me directly.

REFERENCES

1. "Pipeline Safety Regulations (Annotated)", U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) https://www.phmsa.dot.gov/training/pipeline/annotated-regulations
2. "Process Safety Management (PSM) of Highly Hazardous Chemicals", Occupational Safety and Health Administration (OSHA), https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.119
3. "Pipeline Safety: Midstream Facilities Frequently Asked Questions", U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA), November 4, 2020 https://www.phmsa.dot.gov/regulations/federal-register-documents/2020-24011.
4. "Pipeline safety update - Issue No. 161", Van Ness Feldman, LLP., November 13, 2020, https://www.vnf.com/pipeline-safety-update-issue-no-161.

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