September 2024 Issue
In This Issue
RIN 2 Court Decision
In August 2022, PHMSA issued its final rule along with a report titled “Final Regulatory Impact Analysis” (RIA), J.A. 619, which reviewed the costs and benefits of the standards. While INGAA supported the rule overall, requested reconsideration of several provisions, submitted in report J.A. 677’. PHMSA denied most of the petition, except for a few minor exceptions.
INGAA now seeks judicial review, challenging five specific standards included in the rule. Due to the technical nature of these standards and PHMSA’s justifications, they will be addressed in detail in Section III of this opinion.
On August 16, 2024, the U.S. Court of Appeals issued its decision regarding the RIN 2 Final Rule. For a copy of this ruling, please contact Jessica Foley.
Upcoming PHMSA Integrity Management Risk Modeling Workshop in Houston
PHMSA will host a two-day Integrity Management Risk Modeling Workshop on October 23-24, 2024, in Houston, TX. The event will highlight advancements in risk modeling for both pipeline and non-pipeline systems. More details will be shared soon.
This workshop offers a great opportunity to:
- Discuss the latest risk modeling techniques.
- Learn how pipeline operators are applying these methods to improve risk analysis.
- Explore enhancements in risk models and their practical integration.
- Gather public input on the newest risk modeling developments.
This is a must-attend event for anyone in pipeline safety and risk management, providing a platform to share and learn from industry innovations. Don’t miss your chance to participate!
Registration Deadline: October 11, 2024
To register:
- Visit: PHMSA Risk Modeling Workshop
- Select “Register” next to 2024 Risk Modeling Public Workshop.
- If you don’t have a Login.gov account, create one.
- Choose your registration type (in-person or virtual).
- Complete the required info and confirm your registration.
For any questions, contact Lee Cooper.
API Enhances Pipeline Safety Against Geohazards with New Standard
API RP 1187: Pipeline Integrity Management of Landslide Hazards is a first edition recommended practice (RP) that provides recommendations for the management of landslide hazards for operating onshore welded steel pipelines. The recommendations in this document are applicable for onshore transmission pipelines conveying natural gas, hazardous liquids, and carbon dioxide. Offshore pipelines, pipelines containing products other than those listed above, and pipelines made of materials other than welded steel were not explicitly considered in the development of this document; however, it may provide useful guidance to these other applications. The recommendations provided herein are based on the physical, regulatory, and social environment of the United States, but could reasonably be applied in Canada and in other countries with due consideration for their regulatory requirements. The recommendations are for active pipelines and not intended for terminals, aboveground stations and appurtenances, or delivery facilities.
Click here to order your copy.
API Pipeline Information eXchange (PIX) Workshop
The American Petroleum Institute (API) is sponsoring the annual Pipeline Information eXchange (PIX) on November 6, 2024, at the JW Marriott Houston Downtown. The event runs from 9:00 am to 5:00 pm, followed by a reception, and is exclusive to pipeline operators. PIX offers a platform for sharing information and lessons on pipeline safety, incidents, and best practices.
API is also hosting a half-day pipeline safety workshop on November 5, 2024, from 1:00 pm to 5:00 pm at the same venue. This workshop, open to all, will cover best practices for corrosion assessment and integrity management.
Please Note: The PIX on November 6 is for operators only. The workshop on November 5 is open to all interested participants.
Click here to register for this workshop.
Featured Service
TaskOp Highlight: Underground Gas Storage
RCP has earned a worldwide reputation for providing professional engineering services and regulatory expertise to oil and gas operators, including underground gas storage in depleted reservoirs, aquifers and salt caverns.
We have the RESOURCES, SOFTWARE and the KNOWLEDGE to assist clients with building, implementing, and improving comprehensive operational integrity management programs in response to the PHMSA rule incorporating API RP 1171/1170 v2 (Jan. 1st, 2026) on underground gas storage.
Experienced Resources
- Highly respected underground storage industry & risk management SMEs
- Professional engineering support
- Knowledgeable technical standards developers
- Regulatory expertise
Asset Management Tools
- Gap assessment protocols
- Comprehensive risk analysis program through software
- Out-of-the-box risk model designed by RCP SMEs
- Operator-specific risk models
- Full-featured workflow & asset management software
- Track, verify and complete all work done on a well
- Wellsite/valve inspections, annulus pressure, well logging, well swabbing, capital projects, etc.
Gap Analysis/Effective Evaluation
- PHMSA Final Rule: Safety of Underground Natural Gas Storage
- API RP 1171/1170 v2
- PHMSA Advisory Bulletins
- State-Specific Regulations
Process Development and Continuous Improvement
- Storage risk management plan
- Site-specific operations & integrity standards
- Key performance indicators
Risk Analysis Model
- API RP 1171 v2, Section 8
- Out-of-the-box risk model designed by RCP SMEs
- Configurable to client and/or state needs
- Separate models for depleted reservoirs and caverns
- Deterministic Approach
- SME/Documentation
- Data (ex. Well Log)
- Captures documents used in risk analysis and sub-surface safety valve assessment tools
- Customizable queries & reporting, including a fully revamped risk analysis dashboard experience to easily see what the risk model is trying to tell you
Asset Integrity Assessment & Remediation Progress Tracking
- Asset change management
- Traceable, verifiable, and complete record management
- Audit-ready software
- Schedule and progress reporting
- Integrity assessment and repairs
- Regulatory inspections
- Preventative Maintenance
- Capital Projects
- Well Logging
- Data capture & analysis
- Data trends for all the inspection data you are capturing
- Data overlays to help make better, actionable decisions
- Well log comparison (ex. corrosion rate)
- Documentation linkage to work activity
The Enforcement Corner
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 July 2024, PHMSA issued 6 NOAs, 5 NOPVs, and 1 NOPSO accompanied by $418,200 in proposed fines. Significant proposed fines were attributed to the following code sections:
- $26,000 – 49 CFR 192.807(b) – Recordkeeping
- $297,900 – 49 CFR 195.452(e)(1)(i) – Integrity Management
- $21,500 – 49 CFR 192.605(a) – Procedure Manual
- $21,500 – 49 CFR 192.705(b) – ROW Patrols
- $60,100 – 49 CFR 195.402(a) – Procedure Manual
- $21,200 – 49 CFR 195.420(b) – Valve Maintenance
Please note:
- Pipeline operators may disagree in whole or in part with each proposed violation cited by PHMSA.
- Proposed Civil Penalties (PCP) may be reduced or eliminated before an enforcement action becomes final.
- A Corrective Action Order (CAO) usually addresses urgent situations arising out of an accident, spill, or other significant, immediate, or imminent safety or environmental concerns.
- A Notice of Amendment (NOA) is frequently a result of a difference of opinion regarding written procedure requirements.
- A Notice of Proposed Safety Order (PSO) 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.
- A Notice of Probable Violation (NOPV) is not proof that a violation actually occurred.
- Proposed Compliance Orders (PCO) frequently document actions the pipeline operator already planned to do.
- 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.
Q&A Section
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: How can TaskOp help an Operator prepare for an audit?
A: The TaskOp Audit module can streamline your audit preparation by isolating data relevant to the auditor’s specific questions. It organizes and presents this data in a clear, digital format, which helps reduce the time required for the audit. This targeted approach ensures that you can quickly and efficiently provide all the necessary information, making the audit process smoother and more efficient.
Ask the Experts
Do you have a question for the experts at RCP? Submit your question using this form. If your question is selected for a future newsletter, you will be eligible for a gift of your choice from RCP’s online Store.
Upcoming Deadlines:
- The deadline to submit written comments in response to PHMSA’s forthcoming NPRM on Pipeline Safety: Safety of Gas Distribution Pipeline and Other Pipeline Safety Initiatives will be 60 days from the date of publication in the Federal Register. Comments may be filed at https://www.regulations.gov/ Docket No. PHMSA-2021-0046.
- 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.
Did you know?
Did you know? A number of federal agencies currently have a role in promoting natural gas pipeline reliability, including PHMSA through its safety, maintenance, and operations regulations, TSA through its pipeline security directives and guidelines; and FERC through its review of applications to add new natural gas pipeline capacity.
Learn more about how INGAA members are regulated here: https://lnkd.in/ekW44NDZ
PSI Training Schedule
|
DATE |
COURSE | FEE |
|
May 19-21, 2026 |
Advanced DOT Pipeline Compliance Workshop (49 CFR 192 & 195) |
$2,150 |
|
August 4-6, 2026 |
DOT Pipeline Compliance Workshop (49 CFR 191, 192, 194, 195 & 199) |
$2,150 |
| On-Demand |
DOT Pipeline Compliance Workshop (49 CFR 191, 192, 194, 195 & 199) |
$2,150 |
| On-Demand |
Fundamentals of Pipeline Pressure Testing (Gas & Liquid Pipelines) |
$1,200 |
WEBINAR RECORDING
Pipeline Safety: Unpacking the Class Location Change Requirements
Thank you to everyone who attended and participated in this informative webinar. The session recording is posted to our YouTube channel. Please watch, like, and subscribe to our channel!
You asked and we listened!
Advanced DOT Pipeline Compliance Workshop is on the calendar!
This intensive and interactive 3-day, in-person workshop is designed for those who have previously completed our DOT Pipeline Compliance Workshop and are ready to take their knowledge to the next level.
New Workshop Alert!
Prepare Your Team for Pipeline Safety Audits with Confidence!
Our 3-day Pipeline Safety Audit Workshop is tailored for professionals responsible for the safe operation of hazardous liquid and natural gas pipelines. Designed for groups of 10-15 participants, this interactive training…
On-Site Training Request
We have conducted on-site training for oil and gas companies for over 25 years and can provide customized workshops for companies with groups of five or more.
We would welcome the opportunity to discuss our services with you.
Sincerely,
W. R. (Bill) Byrd, PE
President
RCP Inc.