The Pipeline Safety Institute has developed an e-Learning course designed to give gas gathering operators a comprehensive understanding of how to report asset data required for the Type R Gas Gathering Annual Report form (Form F7100.2-3), which is submitted in the PHMSA portal. This course is Ideal for gas-gathering operators that are new to the industry, or anyone who has questions regarding the recent changes to the Annual Reports, or who has not been required to submit an Annual Report in the past.

Topics Include:

• Annual Report & Its Importance
• Who Should & When to Submit Annual Reports
• What is Type R Gas Gathering
• Identifying Type R Gas Gathering
• Type R Annual Report Filing Data Checklist
• Type R Annual Report Filing Steps

For additional information, or to register, click here.

The Enforcement Corner summarizes recent PHMSA enforcement actions, indicating where PHMSA is putting its enforcement efforts and the fines they are proposing for various types of violations.

In January 2023, PHMSA issued 4 NOAs, 7 NOPVs, and 4 WLs accompanied by $788,608 in proposed fines. Significant proposed fines were attributed to the following code sections:

• $222,504 – 49 CFR 192.493 – In-Line Inspections
• $222,504 – 49 CFR 192.605(c)(v) – Procedure Manual
• $151,900 – 49 CFR 195.202 – Specifications & Standards
• $63,900 – 49 CFR 195.214(b) – Welding Procedures
• $63,900 – 49 CFR 195.228(a) – Welding Inspections
• $63,900 – 49 CFR 195.234(b)(1) – Nondestructive Testing                       

Please note:

1. Pipeline operators may disagree in whole or in part with each proposed violation cited by PHMSA. 
2. Proposed Civil Penalties (PCP) may be reduced or eliminated before an enforcement action becomes final.
3. A Corrective Action Order (CAO) usually addresses urgent situations arising out of an accident, spill, or other significant, immediate, or imminent safety or environmental concern.
4. A Notice of Amendment (NOA) is frequently a result of a difference of opinion regarding written procedure requirements.
5. A Notice of Proposed Safety Order (NOPSO) addresses pipeline integrity risks that may not constitute a hazardous facility requiring immediate corrective action (see Corrective Action Order described above),but do need to be addressed over time.
6. A Notice of Probable Violation (NOPV) is not proof that a violation actually occurred.
7. A Proposed Compliance Order (PCO) frequently documents actions the pipeline operator already planned to do.
8. Warning Letter (WL) is an official notice by PHMSA that an operator needs to make improvements but that no further enforcement is proposed for those findings at this time.

RCP maintains a detailed database of all PHMSA enforcement actions dating back to 2007 and is routinely asked for data analysis of various enforcement actions. For more information on how RCP can assist with enforcement action data analysis services, contact Jessica Foley.

Need to respond to a PHMSA enforcement action?
Need to know if your enforcement action is an outlier, or par for the course? 
RCP maintains a detailed database of all PHMSA enforcement actions and their resolution which enables us to compare and contrast individual enforcement actions to nationwide actions and trends.  We can help put things into context to ensure an effective reply for each citation.  For more information on how RCP can assist with enforcement action data analysis services, contact Jessica Foley.

Do you have questions? RCP’s SMEs have the answers. Information will be posted here for questions we often get from clients or discussions we have with regulators, regarding interpretations and pending regulatory deadlines.

Q: If PHMSA’s maps show a liquid HCA, such as a drinking water source, in a certain location, must liquid operators assume that information is accurate when doing their “could affect” analysis?

A: PHMSA’s liquid HCA maps are based on various datasets provided by other agencies and organizations.  While they are a good starting point when identifying HCAs, they are not definitive.  Operators are required to identify any HCAs which were missed in PHMSA’s maps.  Likewise, operators may be able to demonstrate that an HCA shown on PHMSA’s maps is not currently an HCA.  If so, they can omit that HCA from their “could affect” analysis.  RCP can help operators upgrade their HCA datasets to ensure only current HCAs are included in their “could affect” analysis. 

Upcoming Deadlines:

• April 10, 2023, is coming soon and require all new and entirely replaced gas transmission and liquids pipelines subject to PHMSA’s new RMV rule to comply from that point forward unless alternative technologies are approved by PHMSA for a particular instance. The new RMVs will have to be operational within 14 days of placing the new line or replacement segment in service.
• The onshore gas gathering rule was published April 8, 2022. Portions became effective May 16, 2022 – Reporting of Incidents for the new Type C & R.
• Full identification by Type and Class location was to be completed by November 16, 2022
• For the newly identified Type C that must have the MAOP established, the deadline for boosting system pressure to take advantage of “highest actual operating pressure” as permitted by 192.619(a)(3) is coming fast – May 16, 2023
• And as a reminder, the “Stay of Enforcement” does not mean regulators don’t expect work toward getting compliance activities in place can be ignored.

If we can help, contact Jessica Foley.