DOT Pipeline Compliance News

June 2004 Issue

In This Issue

Latest Information from EPA Regarding SPCC Issues

EPA issued a Notice on May 25th regarding SPCC interpretations and associated negotiations as a follow-up to their March 31, 2004 SPCC Stakeholder meeting in Washington DC. Although this information is basically repeating what RCP and EPA has already told you, it does provide more detail. The notice provides some clarifications developed by the Agency during the course of settlement proceedings. These clarifications were presented at the Stakeholder meeting and were also summarized in RCP’s April 2004 DOT Pipeline Newsletter. The complete Federal Register article can be downloaded from RCP’s website here through the SPCC Gateway.

EPA has also recently added several documents to their Oil Program website related to this issue including their summary of and slide presentations from the Stakeholder meeting, and the Settlement Agreement with API and Marathon Oil Company.

The recent Notice also announces the availability of a letter issued by EPA’s Office of Solid Waste and Emergency Response (OSWER) to the Petroleum Marketers Association of America (PMAA). This letter provides some additional detail on two of the issues that were covered in the meeting and summaries: integrity testing of shop-built tanks and security fencing. The letter can be downloaded from RCP’s website here through the SPCC Gateway.

We are still waiting on EPA to follow through with the statement below, made during the Stakeholder meeting and in their summary:

“EPA is still a few weeks away from determining an implementation strategy, but once finalized, the Agency will communicate the strategy and issue guidance through the form of an OSWER directive to the regional offices. In addition, the Oil Program is developing checklists and sample plans that will be provided to the regions, in order to increase the level of national consistency.”

Meanwhile, RCP has the expertise and is ready to help you meet the current requirements of the SPCC Rule and to prepare for the upcoming deadlines of August 17, 2004 (update SPCC Plans) and February 18, 2005 (implement updated Plans). RCP has developed SPCC Plans for dozens of clients, large and small, and is qualified to provide that service to your company efficiently and effectively. Please call Rick Hood at 713/655-8080 to discuss any details

RCP’s Fantastic 1-Page Version of New SPCC Regulation

The deadline for SPCC Plan revisions is fast approaching, February 17, 2006! RCP has developed a 1-page version (in tiny type) of the new SPCC regulations, to be revised as per the April 17, 2003 rule modification. To receive a complimentary copy along with a CD of valuable SPCC Reference Materials Click Here to request additional information.

New Department of Health and Human Services (HHS) Drug Testing Procedures

The Department of Transportation (DOT) is issuing a notice to call to the attention of employers, employees, testing service agents, and other interested persons in its transportation industry drug testing program a notice proposing important new Department of Health and Human Services (HHS) drug testing procedures. Because of the close relationship between HHS and DOT drug testing procedures, participants in the DOT transportation industry drug testing program should be aware of important issues that HHS is considering, which may later affect the DOT testing program. HHS is considering comments on its proposal through July 12, 2004.

The Department of Health and Human Services (HHS) has issued an important notice proposing to revise its Mandatory Guidelines for Federal Workplace Drug Testing programs [ 69 FR 19673 ; April 13, 2004]. Interested persons may access the HHS document on the Internet at the following URL: In their summary of the document HHS states, “The Department of Health and Human Services is proposing to establish scientific and technical guidelines for the testing of hair, sweat, and oral fluid specimens in addition to urine specimens; scientific and technical guidelines for using on-site tests to test urine and oral fluid at the collection site; requirements for the certification of instrumented initial test facilities; and added standards for collectors, on-site testers, and medical review officers.” This HHS proposal does not propose to amend the drug testing requirements and procedures that apply to the Department of Transportation drug testing program for DOT-regulated industries ( 49 CFR Part 40 ).

The HHS informational contact on this rulemaking is Walter F. Vogl, Ph.D., Drug Testing Section, Division of Workplace Programs, CSAP, 5600 Fishers Lane, Rockwall II, Suite 815, Rockville, Maryland 20857, (301) 443-6014 (voice), (301) 443-3031 (fax), (e-mail). The DOT contacts on drug testing procedure issues are Jim Swart, Acting Director, Office of Drug and Alcohol Policy Compliance, 400 7th Street, SW., Washington DC 20590, phone (202) 366-3784; e-mail; and Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, same address, phone (202) 366-9310; e-mail

Need to update your Public Awareness Program?

RCP can help develop your updated plan to meet API RP 1162 standards, and provide turnkey implementation, mail-outs, evaluations, and tracking of your program. For more information call or Click Here.

Office of Pipeline Safety Issues Correction to Final Gas Integrity Rule

On May 26, 2004, the Office of Pipeline Safety issued a correction document to its Subpart O of §192 as issued on December 15, 2003 and initially corrected on April 6, 2004. These corrections included amending the definition of “high consequence area”, revision to Section 192.925 which addresses External Corrosion Direct Assessment, revision to Section 195.325 paragraph that covers preventative and mitigation measures and a revision to Section I of Appendix E that provides guidance on determining a high consequence area. The complete Federal Register Notice can be downloaded from RCP’s website here through the Pipeline Integrity Management Gateway.

For additional information contact Mike Israni by phone at (202) 366-4571, by fax at (202) 366-4566, or by e-mail at, regarding the subject matter of the final rule.

Integrity Management Plan Up-to-Date?

RCP has the tools and expertise to develop comprehensive Integrity Management Plans for both liquid and gas pipelines. Click Here if you would like information on RCP’s Integrity Management Services and receive a copy of our FREE Integrity Management CD.

Minerals Management Service (MMS) Issues Correction to Final Rule Titled “Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Revision of Requirements Governing Outer Continental Shelf Rights-of-Use and Easement and Pipeline Rights-of-Way”

This document makes a correction to the final rule titled “Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Revision of Requirements Governing Outer Continental Shelf Rights-of-Use and Easement and Pipeline Rights-of-Way” that was published December 12, 2003 ( 68 FR 69308 ). Incorrect cross-references are changed and the term “will” is employed in lieu of “shall.” The complete Federal Register Notice is available on RCP’s website here.

For more information contact Kumkum Ray, Regulations and Standards Branch at (703) 787-1604.

Need A Security Plan or Audit?

We have the expertise to develop a security plan and perform risk assessments for pipeline and terminal facilities to meet recent DOT Hazmat Transportation & Pipeline regulations. We can also assist you in USCG security plans for dock facilities and vessels. Please contact Jessica Roger for more information.

Louisiana Hazardous Pipeline Rule Updates

The Louisiana Office of Pipeline Safety has recently updated their Hazardous Liquid rules. These changes include an additional requirement for sending a faxed notification of proposed pipeline construction at least seven days prior to commencement of the construction. Also included are numerous miscellaneous changes to the pipeline integrity requirements. For more information contact Laura Wager or call (713) 655-8080.

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.

ASME B31Q Update – III – July 2, 2004

The Southern Gas Association and others will host an audio teleconference on July 2, 2004; 9:30–10:30 am Central Standard Time (10:30-11:30 am ET), to discuss the progress of the ASME B31Q Standard Committee. The draft document is nearly complete and more specifics can now be discussed. The SGA contact is Mike Grubb (; 972-620-4022). For information about this audio conference, please go to:;=200.

O&M Manual Up-To-Date?

RCP has the tools and expertise to develop comprehensive procedures that you need to protect your people, facilities, and environment. Click Here

Texas Railroad Commission (TRRC) Issues Proposed Changes to Pipeline Safety Regulations

In May the TRRC published in the Texas Register proposed changes to Title 16, Chapter 8. The Commission has proposed to move pipeline safety rules from Title 16, Chapter 7 of the Texas Administration Code into newly created sections in Chapter 8. In addition to moving the current rules, the TRRC also proposes to create two new rules which do not have a counterpart in Chapter 7. The first is §8.125 Waiver Procedure which implements a process which has been informally used by the Commission for the past 10 years. The second proposed new rule, §8.245 Penalty Guidelines for Pipeline Safety Violations, is the most significant proposed change. The penalties range from $500 to $25,000. This proposed rule makes clear that the penalties listed are only guidelines.

According to the Director, Safety Division, Mary McDaniel, “the public benefit will be that all pipeline safety rules will be located in their own chapter. This should make it easier for operators to locate the rules, thus making compliance easier for pipeline operators to achieve and making pipeline operations safer. Also, combining provisions that apply to all pipelines is efficient. Having all pipeline safety regulations in a single chapter makes them easier for the public to find and understand what is required of pipeline operators.”

The portion of the Texas Register containing the proposed rule changes can be downloaded from RCP’s website here through the DOT Gateway.

Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at; or by electronic mail to When submitting comments refer to the Gas Utilities Docket No. 9255. The comment period ends July 6, 2004. For more information, call Mary McDaniel at (512) 463-7166.

OPS Issues Direct final Rule Regarding Pressure Limiting and Regulating Stations

In the Federal Register of September 15, 2003, RSPA published a final rule concerning the operation and capacity of existing pressure limiting and regulating stations on gas pipelines. The rule inadvertently established a pressure limit that could require a reduction in the operating pressure of some pipelines and be impracticable for others to meet. This direct final rule establishes an appropriate pressure limit to avoid these unintended results.

The following are the modified rules issued by OPS:

§ 192.739 Pressure limiting and regulating stations: Inspection and testing.

(a)(3) Except as provided in paragraph (b) of this section, set to control or relieve at the correct pressure consistent with the pressure limits of § 192.201(a); and

(b) For steel pipelines whose MAOP is determined under § 192.619(c), if the MAOP is 60 psi (414 kPa) gage or more, the control or relief pressure limit is as follows:

If the MAOP produces a hoop stress that is: Then the pressure limit is:
Greater than 72 percent of SMYS MAOP plus 4 percent.
Unknown as a percentage of SMYS A pressure that will prevent unsafe operation of the pipeline considering its operating and maintenance history and MAOP.

§ 192.743 Pressure limiting and regulating stations: Capacity of relief devices.

(a) Pressure relief devices at pressure limiting stations and pressure regulating stations must have sufficient capacity to protect the facilities to which they are connected. Except as provided in § 192.739(b), the capacity must be consistent with the pressure limits of § 192.201(a). This capacity must be determined at intervals not exceeding 15 months, but at least once each calendar year, by testing the devices in place or by review and calculations.

The complete Federal Register Notice can be downloaded from RCP’s website here through the DOT Gateway.

For more information, contact L.M. Furrow by phone at 202-366-4559, by fax at 202-366-4566, by mail at U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590, or by e-mail at

Texas Commission on Environmental Quality Announces Updated Form PI-1G – Grandfathered Facility Permit Application

All NSR (New Source Review) application and registration forms and instructions are undergoing major updates due to policy and legislative changes. Specifically, Form PI-1G – Grandfathered Facility Permit Application and Instructions has been updated. Applicants should use the most recent instructions and submit the most recent forms available.

The new and updated forms can be found at For more information, contact the TCEQ at 1-800-687-4040 or e-mail at

Air Permit Needs?

Are you planning to expand or acquire? Air permit applications can be complex and consuming. RCP has the expertise to navigate through the application process, develop compliance assurance systems, and submit reports. Click Here

RCP Services Spotlight – SPCC & Response Planning Capabilities

RCP has developed or revised OPA-90 plans and SPCC plans for both large and small facilities throughout the US in order to meet the August 17, 2004 deadline. Our previous experience with contingency plans enables us to be very efficient in the development of these plans. We are very familiar with the necessary cross-references, indices, graphs and charts, and appropriate plan formats. The types of services we provide include the following:

  • SPCC Plans and Revisions – RCP will produce a PE certified SPCC plan for your facilities as required by EPA requirements found in 40 CFR 112, revised effective August 16, 2002. This includes an on site assessment by RCP to verify facilities, secondary containment, and determine the lowest cost approach to achieve compliance with the new rule. RCP recently completed and certified SPCC Plans for a customer with a variety of complex facilities including a large chemical plant, polymers plant, natural gas pipeline compressor station, liquids pipeline facility, and a petroleum products storage terminal.
  • OPA 90 Plans (MMS, DOT, EPA, USCG) – We specialize in development of facility and operations-specific oil spill contingency plans under OPA 90 in compliance with all DOT, USCG, EPA, or MMS regulations, and consistent with the National Contingency Plan and appropriate Area Contingency Plans.
  • Integrated Contingency Plans – RCP can develop an Integrated Contingency Plan (ICP) for you that combines multiple facility response and contingency plans into a single, user-friendly facility response plan.
  • Seminars, Workshops and Specialized Training – RCP is prepared to conduct a SPCC workshop on-site for your company and tailor the content to your company’s specific needs. We can also provide all types training to meet MMS, DOT, EPA and USCG regulations.

Please Click Here if you would like information on RCP’s SPCC & Response Planning Capabilities.

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