The Department of Transportation/Pipeline Hazardous Materials Safety Administration (PHMSA) issued a Notice of Inquiry (mistakenly labeled in the Federal Register as a Notice of Proposed Rulemaking) concerning class location requirements. PHMSA is seeking public comment on whether applying the integrity management program (IMP) requirements, or elements of IMP, to areas beyond current high consequence areas (HCAs) would mitigate the need for class location requirements for gas transmission pipelines. Section 5 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 requires the Secretary of Transportation to evaluate and issue a report on whether IMP requirements should be expanded beyond HCAs and whether such expansion would mitigate the need for class location requirements.

Part 192 Regulations Impacted by Class Location

There are indirect or secondary links to class location throughout Part 192. These links include sections that do not specifically mention class location; however, the sections may reference maximum allowable operating pressure (MAOP). If the use of class location designation were to be eliminated or merged, many regulatory sections will need to be reevaluated. The following Subparts would be affected:

Subpart A-General

Subpart B-Materials

Subpart C-Pipe Design

Subpart D-Design of Pipeline Components

Subpart E-Welding of Steel in Pipelines

Subpart G-General Construction Requirements for Transmission Lines and Mains

Subpart I-Requirements for Corrosion Control

Subpart J-Test Requirements

Subpart K-Uprating

Subpart L-Operations

Subpart M-Maintenance

Subpart O-Gas Transmission Pipeline Integrity Management

PHMSA compiled a list of 15 specific areas for comments which is included in this Notice of Inquiry. The public comment period for this notice ends September 30, 2013. You may submit comments identified by the Docket ID PHMSA–2013–0161 via the E-Gov Website.

For a copy of this Notice of Inquiry on Class Location Requirements, contact Jessica Roger

PHMSA issued a notice and request for comments on further proposed revisions to the annual report form for hazardous liquid pipelines (PHMSA F 7000-1.1). The notice addresses comments received regarding the state-by-state reporting requirement. PHMSA reported that API and AOPL commented that state-by-state reporting for parts D and E will not enhance pipeline safety or provide meaningful data, and that data collection will impose more burden on operators than PHMSA estimated. They point out that although the notice states that state-by-state information is essential for PHMSA’s response to state regulators, Congress, state officials, and the public following pipeline incidents, the notice fails to explain how the data will be used to quantify risk or advance pipeline safety. PHMSA already receives the data on a total system basis, which is consistent with PHMSA’s regulatory approach of overseeing the safety of the interstate liquids pipeline network overall, not on a state-by-state basis. March and May Edition of the DOT Pipeline Compliance News. PHMSA is forwarding the information collection request for the form to the Office of Management Budget (OMB) for approval.

Submit comments on or before August 12, 2013 via Email to Office of Information and Regulatory Affairs, OMB, at OIRA_Submission@omb.eop.gov Reference the docket number when submitting comments.

For a copy of this notice and proposed changes to the Hazardous Liquid Accident Report Form, contact Jessica Roger

The Department of Transportation/Pipeline Hazardous Materials Safety Administration (PHMSA) issued advisory bulletin ADB-2013-02 to all owners and operators of gas and hazardous liquid pipelines concerning the potential for severe flooding adversely affecting the safe operation of a pipeline. The advisory instructs operators to direct resources in a way that will enable them to determine the potential effects of flooding on their pipeline systems. PHMSA is urging pipeline operators to take the following actions to prevent and mitigate damage caused by flooding:

• Evaluate the accessibility of the facilities that may be in jeopardy of flooding and are needed for isolation.
• Extend regulator vents and relief stacks above the level of anticipated flooding.
• Ensure emergency and spill responders are aware of location and condition of pipeline prior to and during a flood. Provide maps and other information as needed.
• During a flood, coordinate with other pipeline operators in the area to establish emergency response centers to act as a liaison for pipeline problems and solutions.
• Deploy personnel to be in position to take emergency actions as needed including shutdown, isolation or containment.
• During the flood, determine if facilities that are normally aboveground have become submerged and may be in danger of being struck by vessels or debris. Mark these facilities as possible with appropriate buoy and Coast Guard approval.
• Evaluate right-of-way conditions at water crossings during the flood and after water subsides with frequent patrols including overflights. Determine if line has become exposed or undermined.
• Perform depth of cover surveys, exposed pipe surveys, underwater pipe surveys (including visual inspection by divers or instrumented detection). Share relevant information with affected land owners.
• Ensure line markers are in place and replace as needed in a timely manner.
• Notify contractor, highway departments and others involved in post flood restoration of the pipelines in the area and the risks posed by reduced cover.

If the pipeline has suffered damage, is shut-in or is being operated at a reduced pressure as a precautionary measure as a result of the flood, advise PHMSA regional office or appropriate state prior to returning the pipeline to service or otherwise changing the pipeline operating status. Determine if a safety-related condition exists and if so report as required.

For a copy of ADB-2013-02, please contact Jessica Roger

Please note, in 49 CFR Parts 178 to 199 (revised as of October 1, 2012) on page 551, in §195.2, the words “related parameters.” have been added at the end of the definition of Alarm.

The Gas Pipeline Advisory Committee (GPAC) also known as the Technical Pipeline Safety Standards Committee, and the Liquid Pipeline Advisory Committee (LPAC) also known as the Technical Hazardous Liquid Pipeline Safety Standards Committee met on August 8-9, 2013 in joint session to discuss a variety of topics to keep committee members up-to-date on DOT’s pipeline safety program. Attendees were given updates on the “State of the Pipeline Safety Program”, US Energy outlook, status of numerous action items from Congress and the NTSB, PHMSA / OPS regulatory agenda, development of an industry Recommended Practice on Safety Management Systems, OPA-90 spill response planning requirements, gas and liquid industry performance metric study teams, gas transmission annual report results, planned upgrades to the National Pipeline Mapping system, and more. Presentations will be available on the meeting Web site and posted in the E-Gov Website at www.regulations.gov in docket number PHMSA-2013-0156 within 30 days following the meeting.

Additional information can be found on the PHMSA website.

PHMSA held a workshop on August 8th in Arlington, VA to present their proposed Integrity Verification Process for gas transmission pipelines. The approximately 200 people representing PHMSA, NAPSR, NTSB, pipeline operators, service providers, industry advocacy and general public were in attendance along with numerous webcast viewers. PHMSA provided a breakdown of the data submitted in the most recent gas transmission annual report and introduced the draft Integrity Verification Process. This draft process is the result of numerous congressional mandates and NTSB recommendations following the San Bruno accident. Other key stakeholder groups made presentations concerning their views of the draft Integrity Verification Process and ideas on how to improve upon this effort. Copies of the presentations can be downloaded on the PHMSA website.

September 24 – 26, 2013

The 9th Rio Pipeline Conference and Exhibition, organized by the IBP – Brazilian Petroleum, Gas and Biofuels Institute, will be held from September 24 – 26, 2013, at the SulAmerica Convention Center in Rio do Janeiro, Brazil. RCP’s president, Bill Byrd, will participate in a multi-national panel on “Regulation of Pipeline Activity” from 4:15 to 6:15 on the afternoon of Thursday, September 26. We hope to see you there!