DOT Pipeline Compliance News

July 2010 Issue

In This Issue


Notice of Proposed Rulemaking – Low Stress Rural Pipelines

[Docket PHMSA-2008-0186] RIN 2137-AE36

PHMSA is proposing to amend its pipeline safety regulations to apply safety regulations to rural low-stress hazardous liquid pipelines that are not covered by safety regulations in 49 CFR Part 195. The Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (PIPES Act), requires PHMSA to “issue regulations subjecting low-stress hazardous liquid pipelines to the same standards and regulations as other hazardous liquid pipelines.” PHMSA decided to implement the PIPES Act mandate in phases.

  • Phase one, published as a final rule on June 3, 2008 (73 FR 31634) applied full Part 195 regulation to the higher-risk, larger-diameter rural low-stress pipelines (i.e., those low-stress pipelines with a diameter of 8 5/8-inches or greater located in or within one-half mile of an unusually sensitive area, or USA).
  • Phase two, the subject of this proposed rulemaking, would regulate all rural low-stress pipelines not included in the phase one rule. Thus, the pipelines addressed by this proposed rule are those rural low-stress pipelines of any diameter located more than one-half mile from a USA and those less than 8 5/8 inches in diameter located within one-half mile of a USA.

This phased approach results in the following distinct groups of rural low-stress pipelines:

  • Rural low-stress pipelines that cross navigable waterways. These are already subject to the safety requirements of Part 195. These pipelines are not affected by this rulemaking.
  • Rural low-stress pipelines 8 5/8 inches or greater in diameter that are located in or within one-half mile of a USA. The requirements of Part 195 were made applicable to these rural pipelines in the phase one rule.
  • Rural pipelines less than 8 5/8 inches in diameter that are located within one-half mile of a USA.
  • Rural low-stress pipelines of any diameter that are located more than one-half mile from a USA.

To implement the compliance dates and requirements for these different groups, we are proposing to define several “categories” of rural low-stress pipelines. These are as follows:

Category 1: Those rural low-stress pipelines that were covered under the phase one rule;
Category 2: Rural low-stress pipelines of smaller diameter (less than 8 5/8 inches diameter) located in or within one-half mile of a USA; and
Category 3: All other rural low-stress pipelines that were not included in phase one.

This Notice of Proposed Rulemaking (NPRM) would retain the compliance deadlines established in phase one for Category 1 pipelines. It would subject Category 2 pipelines to the same Part 195 requirements as those made applicable to Category 1 pipelines in phase one but with different compliance deadlines. PHMSA also proposes to apply all requirements of Part 195 to Category 3 pipelines except for the integrity management requirements of § 195.452.

Anyone interested in filing written comments on this NPRM must do so by August 23, 2010. PHMSA will consider late comments filed so far as practical. For technical contents of the NPRM contact Mike Israni by phone at 202-366-4571 or by e-mail at Mike.Israni@dot.gov.


MMS NTL No. 2010-G04 Hurricane Reporting 2010

The Minerals Management Service (MMS) has issued NTL No. 2010-G04, Hurricane and Tropical Storm Effects Reports, which provides guidance on using either e-mail or the eWell Permitting and Reporting system to report hurricane and tropical storm effects information, specifies the information included in the various hurricane and tropical storm reports, updates contact information , and makes minor administrative amendments.

Effective date June 1, 2010, expiration date November 30, 2010. This Notice to Pipeline Right-of-way Holders (NTL) supersedes expired NTL no. 2009-G12.

For a copy of NTL No. 2010-G04, contact Jessica Roger.


Pending Audits?

Has the DOT notified you of a pending audit? RCP can provide confidential internal auditing to help ensure that your facilities are up to the agency’s latest standards.
Click Here.


RCP Houston Has Moved!

RCP recently moved to our newly constructed offices located on the 2nd floor of 801 Louisiana in downtown Houston. The move to the 12,000 square foot office space was good timing as we have grown considerably over the last few years. The space will allow RCP to continue its upward growth and provide even more efficient services to our clients. Our new location features a spacious and well equipped training facility and break room capable of hosting up to 50 participants for workshops and industry meetings. This combined with its convenient location in the heart of the theatre district, makes 801 Louisiana a perfect new place for RCP to call home. Feel free to stop by anytime for a visit.

Note that there have been no changes to our phone numbers or email addresses.


Railroad Commission of Texas – Proposed updates to Pipeline Regulations

The Texas Railroad Commission (TRRC) proposes amendments to their pipeline safety regulations in chapter 8 of Title 16. Economic Regulation, sections §§8.1, 8.5, 8.101, 8.130, 8.201, 8.235, 8.310, and 8.315, relating to General Applicability and Standards; Definitions; Pipeline Integrity Assessment and Management Plans for Natural Gas and Hazardous Liquids Pipelines; Enforcement; Pipeline Safety Program Fees; Natural Gas Pipelines Public Education and Liaison; Hazardous Liquids and Carbon Dioxide Pipelines Public Education and Liaison; and Hazardous Liquids and Carbon Dioxide Pipelines or Pipeline Facilities Located Within 1,000 Feet of a Public School Building or Facility. The purpose of the amendments is to update federal provisions and citations, to correct the name of the Safety Division to Pipeline Safety Division, and to conform the rules to the statutory changes regarding community liaison activities enacted by House Bill 4300, 81st Legislative Session (Regular Session, 2009).

TRRC proposes the amendments in §8.1(b) to update the minimum safety standards and to adopt by reference the United States Department of Transportation’s (USDOT) pipeline safety standards found in 49 CFR parts 191, 192, 193, 195, and 199. The current rule adopts the federal pipeline safety standards as of August 25, 2008; the proposed amendment will show this date as February 12, 2010. The amendments proposed in §8.235 and §8.310 conform these rules to the revised wording enacted in Texas Utilities Code, §121.2015(c) and (d), and in Texas Natural Resources Code, §117.012(i) and (j) by House Bill 4300 regarding the process by which the operators of natural gas, hazardous liquids, and carbon dioxide pipelines conduct community liaison activities with fire, police, and other appropriate public emergency response officials. The liaison activities must be conducted in person, except as provided by statute. The revised statutory language permits pipeline operators to dispense with having to make multiple efforts to conduct face-to-face meetings; if a pipeline operator is unable to arrange a meeting in person, the operator may conduct liaison activities either by telephone conference call or by delivering liaison information by certified mail, return receipt requested. The proposed amendments in §8.235 and §8.310 mirror the statutory wording. The remaining proposed amendments merely correct the name of the Pipeline Safety Division.

Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, PO Box 12967, Austin, Texas 78711-2967; online; or by electronic mail.

TRRC will accept comments until noon (12:00 p.m.) on Monday, July 26, 2010, which is 31 days after publication in the Texas Register; comments should refer to GUD No. 9989. For further information, call Ms. Mary McDaniel, P.E., Director, Pipeline Safety Division at (512) 463-7166. The status of TRRC rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.php.

For a copy of the proposed updates to TRRC’s Chapter 8 Pipeline Regulations, contact Jessica Roger.


Railroad Commission of Texas – Proposed updates to Chapter 3 – Oil and Gas Division

The Texas Railroad Commission (TRRC) proposes the repeal of §3.15 relating to Surface Casing to be Left in Place, as part of a concurrent rulemaking proceeding to implement House Bill 2259, 81st Legislative Session (Regular Session, 2009), which becomes effective September 1, 2010. HB 2259 amended the Texas Natural Resources code to establish requirements for disconnecting electrical service, purging fluids from tanks, lines, and vessels, and removing surface equipment from inactive land wells. HB 2259 also amended the Texas Natural Resources Code to establish requirements for all operators to annually address their inventory of inactive wells to obtain approval of their yearly organization report.

In a separate, concurrent rulemaking, TRRC is proposing new §3.15, to be entitled Surface Equipment Removal Requirements and Inactive Wells, as well as some amendments to §3.1, 3.14, 3.21, and 3.78, relating to Organization Report; Retention of Records; Notice Requirements; Plugging; Fire Prevention and Swabbing; and Fees and Financial Security Requirements, to address HB 2259.

Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, PO Box 12967, Austin, Texas 78711-2967; online; or by electronic mail.

TRRC will accept comments until noon (12:00 p.m.) on Monday, July 26, 2010, which is 31 days after publication in the Texas Register; comments should refer to O&G Docket No. 20-0265910. For further information, call Mark Helmueller at (512) 463-6802. The status of TRRC rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.php. For a copy of the proposed updates to Chapter 3 – Oil and Gas Division, contact Jessica Roger.


Need to Update your Response Plan (FRP, ICP or OSRP)?

We have the expertise to update your Facility Response Plan, Integrated Contingency Plan, or Oil Spill Response Plan to include new guidance and lessons learned from recent incidents and natural disasters.


Signed Changes to Louisiana Underground Utilities and Facilities Damage Prevention Law

House Bill 396 Act No. 249 was signed by Governor Jindell on June 17, 2010. These changes become effective on September 1, 2010. The following is a summary of the changes:

  • The definition of “excavation or excavate” was extended to exclude normal probing.
  • A definition for “Forestry excavation” was added to mean an excavator who is a logger, prescribed burner, site preparation operator, or tree planter for commercial forestry operations.
  • Allows for electronic notice of intent to excavate or demolish be given instead of telephonic notice. A record of this notice is required to also be retained by the regional notification center for 3 years from the date of notification.
  • No longer excludes cable television from becoming a member of, participating in and sharing the cost of a regional notification center.
  • The regional notification center must have the capability to receive emergency locate requests 24 hours a day and to disseminate the information as soon as it is received to the appropriate operators and all affected regional notification centers in the state.
  • Requires all member operators to furnish the regional notification center with current emergency contact or notification information including 24 hour telephone numbers.
  • Markings performed at the request of a forestry excavator are deemed good as long as the markings are visible or up to 30 calendar days from the time the markings were made, whichever is shorter.

SGA Operations Conference July 19-21, 2010 Houston, Texas

Meet us at the 2010 SGA Operating Conference & Exhibit at the Hyatt Regency in Houston, Texas. RCP representatives will be attending the conference and look forward to meeting you. If you have not seen a demo of our one-call and leak tracking system, please stop by RCP’s exhibit at Booth 205 in the Exhibit Hall. Click here for conference registration information, the preliminary agenda, and an-online interactive search tool of exhibits to plan your day at the conference.


LGA Annual Conference July 26-30, 2010 New Orleans

RCP is proud to be a sponsor of the annual Louisiana Gas Association (LGA) 191/192 & 195 Pipeline Safety Conference & Tradeshow. The conference will be held at the Royal Sonesta Hotel in New Orleans, Louisiana. RCP representatives will also be attending the conference and look forward to meeting you. Make plans to stop by RCP’s exhibit. Click here for registration information and the preliminary agenda.


Are you ready for a Public Awareness Plan Audit?

A recent NTSB accident investigation determined that an operator’s oversight and evaluation of the effectiveness of the public education program, and the performance of the public awareness contractor, were inadequate. The NTSB recommended that PHMSA exercise their right to review the operators’ evaluation process to determine the effectiveness of the public awareness plans developed. Will your plan stand up to a PHMSA audit?

Also, if you wrote your Public Awareness Plan 5 years ago, you may be due for a review. RCP can assist you by reviewing your plan and conducting an effectiveness evaluation. Contact Jessica Roger for more information.


WRGC Regional Gas Conference August 24 & 25, 2010 Tempe, AZ

Join us at the 2010 Western Regional Gas Conference at the Tempe Mission Palms Hotel & Conference Center in Tempe, Arizona. RCP representatives will be attending the conference and look forward to meeting you. Chris Foley (RCP Vice President) will be giving a presentation on “Conducting Effective Internal Pipeline Safety Audits” on Tuesday, August 24. Click here to check for updates on the conference agenda and registration. (WRGC is a non-profit and volunteer-organized event to provide a venue for discussion of natural gas distribution and transmission issues.)

Bill Byrd signature
W. R. (Bill) Byrd, PE
President
RCP Inc.