Understanding PHMSA Regulations for Energy/Utilities in Texas

 

PHMSA (Pipeline and Hazardous Materials Safety Administration) sets regulations for pipeline safety throughout the United States, but Texas has specific implementation requirements and additional state-level oversight through the Railroad Commission of Texas (RRC).

 

Texas-Specific PHMSA Regulations

 

• In Texas, the Railroad Commission of Texas (RRC) has primary authority for enforcing PHMSA regulations for intrastate pipelines
• Texas follows 16 TAC Chapter 8 (Texas Administrative Code) which incorporates federal PHMSA regulations with Texas-specific amendments
• The Texas Critical Infrastructure Protection Act adds additional security requirements for energy infrastructure beyond federal PHMSA standards
• Texas requires additional reporting requirements for pipeline incidents beyond what federal PHMSA regulations mandate

 

Cybersecurity Requirements for Texas Pipeline Operators

 

• Texas HB 4492 mandates critical infrastructure providers, including pipeline operators, to implement cybersecurity measures specific to Texas energy grid concerns
• The Texas Cybersecurity Council provides Texas-specific guidance for energy infrastructure protection
• The Texas Pipeline Safety Program includes cybersecurity assessment requirements that go beyond federal PHMSA regulations
• Following the Colonial Pipeline attack, Texas implemented enhanced control systems security requirements for pipeline operators within state boundaries

 

Key Components of Texas PHMSA Compliance

 

• Operational Technology (OT) Protection: Requirements for securing industrial control systems specific to Texas pipeline operations
• Incident Response Planning: Texas-specific requirements for cyber incident reporting to both federal PHMSA and the Railroad Commission of Texas
• Threat Information Sharing: Mandatory participation in Texas-specific threat sharing networks like the Texas Information Sharing and Analysis Organization (ISAO)
• Supply Chain Security: Requirements specific to Texas energy sector supply chain security, especially for cross-border operations with Mexico

 

What This Means in Simple Terms

 

If you operate energy pipelines in Texas, you must follow both federal PHMSA regulations and additional Texas-specific requirements. These Texas rules focus on:

 

• Protecting computer systems that control pipelines from hackers
• Having plans ready for what to do if your systems are attacked
• Reporting problems to both federal authorities and Texas state agencies
• Testing your security more frequently than federal rules require
• Sharing information about threats with other Texas energy companies

 

Specific Texas Cybersecurity Requirements

 

• Annual Security Assessments: Texas requires annual third-party cybersecurity assessments for critical pipeline infrastructure, which is more frequent than federal PHMSA requirements
• 72-Hour Notification: Texas regulations require notification to the Railroad Commission within 72 hours of any cybersecurity incident affecting pipeline operations (faster than federal requirements)
• Control Systems Segmentation: Texas requires physical and logical separation between business IT networks and operational technology networks for pipeline control systems
• Emergency Response Testing: Specific requirements for testing cyber incident response plans with scenarios relevant to Texas energy infrastructure

 

Railroad Commission of Texas (RRC) Oversight

 

• The RRC's Pipeline Safety Department conducts Texas-specific inspections focusing on both physical and cybersecurity
• Texas pipeline operators must submit annual cybersecurity attestations to the RRC
• The RRC has authority to impose Texas-specific penalties for non-compliance with cybersecurity requirements
• Texas operators must participate in RRC-coordinated security exercises focused on Texas-specific threats

 

Common Compliance Challenges

 

• Multiple Reporting Requirements: Texas pipeline operators must navigate both federal PHMSA and Texas RRC reporting processes
• Higher Security Standards: Texas often requires more stringent security controls than federal PHMSA standards
• Regional Threat Landscape: Texas requires specific attention to threats relevant to its position as a border state and energy hub
• Legacy Systems: Many Texas pipeline systems use older technology that requires specialized security approaches

 

Steps to Ensure Compliance

 

• Conduct a Gap Assessment: Compare your current security practices against both federal PHMSA and Texas-specific requirements
• Develop a Texas-Specific Compliance Program: Create policies and procedures that address the unique Texas regulatory environment
• Implement Multi-Layer Security: Deploy physical, technical, and administrative safeguards appropriate for Texas energy infrastructure
• Establish Relationships with Regulators: Maintain open communication with both PHMSA and the Railroad Commission of Texas
• Participate in Information Sharing: Join Texas-specific threat intelligence sharing groups focused on energy sector security

 

Recent Developments

 

• The Texas Legislature has recently enhanced cybersecurity requirements following increased threats to energy infrastructure
• The Texas Grid Security Enhancement initiative includes new requirements for pipeline operators that interface with the Texas power grid
• Cross-Border Security: Texas has implemented additional security requirements for pipelines crossing the Mexico border
• Weather Emergency Preparedness: Following Winter Storm Uri, Texas now requires cybersecurity measures specifically for maintaining operations during extreme weather events

 

Resources for Texas Pipeline Operators

 

• The Railroad Commission of Texas Pipeline Safety Department provides Texas-specific guidance and training
• The Texas Energy Reliability Council offers resources specific to cybersecurity for critical energy infrastructure
• The Texas Cybersecurity Council provides frameworks tailored to Texas energy sector needs
• The Texas A&M Engineering Extension Service offers specialized training for pipeline security in the Texas context

 

Remember that compliance with Texas-specific PHMSA regulations requires attention to both federal standards and the additional requirements imposed by Texas law and the Railroad Commission of Texas.