November 2010 Issue
In This Issue
- Safety and Environmental Management Systems on the OCS – Final Rule
- PHMSA Advisory Bulletin ADB–10–08 Emergency Preparedness Communications
- Need to Update your Response Plan (FRP, ICP or OSRP)?
- Advanced Notice of Proposed Rulemaking – Onshore Liquid Pipeline Regulations
- Control Room Management Services
- DOT Pipeline Compliance Workshop – January 17-19, 2011
- SPCC Compliance Date Amendment
- Public Awareness Effectiveness Evaluations due June 2010
- Texas Railroad Commission Chapter 8 Pipeline Safety Regulations
- Maine – Proposed Changes to Gas Pipelines; LNG Facilities; and Propane Gas System Regulations
Safety and Environmental Management Systems on the OCS – Final Rule
Docket ID BOEM-2010-0046; RIN 1010-AD15
Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) has
finalized regulations to require operators to develop and implement Safety and
Environmental Management Systems (SEMS) for oil and gas and sulphur operations
in the Outer Continental Shelf (OCS). This rulemaking will incorporate in its
entirety and make mandatory the American Petroleum Institute’s Recommended
Practice 75, Development of a Safety and Environmental Management Program for
Offshore Operations and Facilities, Third Edition, May 2004, reaffirmed May
2008, with respect to operations and activities under the jurisdiction of
BOEMRE. This final rule will apply to all OCS oil and gas and sulphur
operations and the facilities under BOEMRE jurisdiction including drilling,
production, construction, well workover, well completion, well servicing, and DOI
pipeline activities. This recommended practice, including its appendices,
constitutes a complete Safety and Environmental Management System (SEMS)
This rule becomes effective on November 15, 2010. The incorporation by reference of the publication listed in the regulation is approved by the Director of the Federal Register as of November 15, 2010. Operators must have their SEMS program in effect on or before November 15, 2011, except for the submission of Form MMS-131 as required in § 250.1929, and must submit Form MMS-131 on an annual basis beginning March 31, 2011.
Editor’s note: Note that this new rule does not apply to “DOT pipelines” (i.e. those subject to 49 CFR 190-199), but does apply to DOI pipelines (i.e. those under the BOEMRE’s jurisdiction, which is the old MMS). Many integrated oil companies have pipelines on the OCS that fall under both agencies’ jurisdiction. Operators of DOI regulated pipelines and facilities have very little time to develop a very comprehensive management system program. The professionals at RCP would be glad to help you with this as necessary.
For a copy of the SEMS Final Rule, contact Jessica Roger.
PHMSA Advisory Bulletin ADB–10–08 Emergency Preparedness Communications
Department of Transportation/Pipeline Hazardous Materials Safety Administration
(PHMSA) issued ADB-10-08 on October 28, 2010 to remind gas and liquid pipeline
operators that they are required to maintain an informed relationship with
emergency responders in their jurisdiction, and in particular, the need to
share the operator’s emergency response plans with emergency responders. PHMSA
recommends that operators provide such information to responders through the
operator’s liaison and public awareness activities, including during joint emergency
response drills. PHMSA intends to evaluate the extent to which operators have
provided local emergency responders with their emergency plans when PHMSA
performs future inspections for compliance with relevant requirements.
For a copy of ADB-10-8 on Emergency Preparedness Communications, 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.
Advanced Notice of Proposed Rulemaking – Onshore Liquid Pipeline Regulations
[Docket No. PHMSA-2010-0229]; RIN 2137-AE66
PHMSA has published an Advanced Notice of Proposed Rulemaking (ANPRM) to get public comment on potential changes to their regulations covering hazardous liquid onshore pipelines. PHMSA is seeking public comment on six specific topic areas:
- whether it should extend regulation to certain pipelines currently exempt from regulation;
- whether other areas along a pipeline should either be identified for extra protection or be included as additional high consequence areas (HCAs) for Integrity management (IM) protection;
- whether to establish and/or adopt standards and procedures for minimum leak detection requirements for all pipelines, and whether to require the installation of emergency flow restricting devices (EFRDs) in certain areas;
- whether revised valve spacing requirements are needed on new construction or existing pipelines;
- whether repair timeframes should be specified for pipeline segments in areas outside the HCAs that are assessed as part of the IM; and
- whether to establish and/or adopt standards and procedures for improving the methods of preventing, detecting, assessing and remediating stress corrosion cracking (SCC) in hazardous liquid pipeline systems.
Persons interested in submitting written comments on this ANPRM
must do so by January 18, 2011. PHMSA will consider late filed comments so far
as practicable. Comments should address the public safety and environmental
aspects of new requirements, as well as the cost implications and regulatory
For a copy of the ANPRM, with instructions for submitting comments, please contact Jessica Roger.
Editor’s note: The “AN” in ANPRM stand for “Advance Notice”. An ANPRM such as this one is an early step in the regulatory process and allows the agency to gather input concerning fundamental regulatory matters. It will be followed by one or more Notices of Proposed Rulemaking (NPRM), which will contain more detailed proposals for regulations. Public comments are received both during the ANPRM and NPRM process. Eventually the agency will issue a Final Rule.
Control Room Management Services
is able to provide pipeline operators with fully compliant, customized Control
Room Management Programs that take advantage of any existing processes that are
currently in place and develop new processes that are tailored to your
organization’s ability to successfully implement.
RCP also has the expertise to conduct readiness assessments as well as compliance analysis of your existing Control Room Management programs. This independent analysis will take into consideration what others within the industry are doing as a benchmark as well as what the final regulations require.
For more information on how RCP can help with your Control Room Management Program, contact Jessica Roger.
DOT Pipeline Compliance Workshop – January 17-19, 2011
Join us January 17 – 19 in Houston at our new office and dedicated training facility for an informative, lively, and interactive workshop on DOT Pipeline Compliance and OPA Planning for DOT Pipelines. This workshop has been attended by hundreds of pipeline personnel, with excellent feedback. The workshop provides an overview of the DOT pipeline regulations, and is appropriate for people who are new to pipeline regulations, who could use a refresher, or anyone who needs to know the latest information in these areas.
Day 1 (January 17): Gas Pipeline Regulations (49CFR192)
The workshop will include an introduction to DOT/OPS pipeline compliance; State and Federal program variations; roles and responsibilities; design, construction, operations, maintenance, and emergency response requirements; how to monitor rulemaking activity and stay current with your compliance program; operator qualification, public awareness; with a specific emphasis on the gas integrity management regulations. Each attendee will receive general training materials which include the applicable DOT 49 CFR 192 regulations for gas pipelines (cd-rom), inspection checklists, and speaker’s PowerPoint presentation handouts.
Day 2 (January 18): Special Topics
Back by popular demand! RCP is conducting a special workshop day to discuss topics that many of our clients have expressed an interest in. Likely topics will include: Control Room Management, Public Awareness, and reporting requirements. Final agenda for this Special Workshop will be published in the December DOT Pipeline Compliance Newsletter.
Day 3 (January 19): Liquid Pipeline Regulations (49CFR195)
The workshop will include an introduction to DOT/OPS pipeline compliance; State and Federal program variations, roles and responsibilities; design, construction, operations, maintenance, and emergency response requirements; spill response planning requirements; how to monitor rulemaking activity and stay current with your compliance program; operator qualification and public awareness. Each attendee will receive general training materials which include the applicable DOT 49 CFR 195 regulations for hazardous liquid pipelines (cd-rom), inspection checklists, and speaker’s PowerPoint presentation handouts.
To register, or for additional information, click here.
SPCC Compliance Date Amendment
EPA-HQ-OPA-2009-0880; FRL-9213-8; RIN 2050-AG59
The U.S. Environmental Protection Agency (EPA) has provided an additional year for certain facilities to comply with the new Spill Prevention, Control, and Countermeasure (SPCC) Rule. This action allows additional time for those affected in the regulated community to understand the revisions to the SPCC rule finalized in December 2008 and November 2009. Both the extension and delay of the compliance date provide time for certain facilities to undertake the actions necessary to prepare or amend their SPCC Plans, as well as implement them. However, EPA has not extended the compliance date for:
- drilling, production or workover facilities that are offshore or that have an offshore component, or
- for onshore facilities required to have and submit Facility Response Plans (FRPs).
This final rule is effective on October 14, 2010.
Public Awareness Effectiveness Evaluations due June 2010
clock is ticking on the due date on completion of effectiveness surveys for
operators implementing public awareness programs. Most plans must be completed
by June, 2010 to be in compliance with the regulations. According to API RP
1162, operators should conduct these effectiveness evaluations “no more than
four years apart.” The effectiveness evaluation is intended to “assess whether
the actions undertaken in implementation (of RP 1162) are achieving the
intended goals and objectives.”
RCP can assist you in conducting an effectiveness evaluation based on your public awareness plan. For more information, contact Jessica Roger.
Texas Railroad Commission Chapter 8 Pipeline Safety Regulations
The comment period for the Texas Railroad Commission (TRRC) proposed new §8.209 (relating to Distribution Facilities Replacements) ended on October 12, 2010. Comments are now available for review on the TRRC Website.
Maine – Proposed Changes to Gas Pipelines; LNG Facilities; and Propane Gas System Regulations
a Maine Public Rulemaking Notice on 10/13/2010, the State of Maine Public
Utilities Commission (PUC) reopened their rulemaking for consideration of a
revised draft rule to repeal and replace Ch. 420 which is Maine’s Rule setting
forth safety standards for natural gas transmission and distribution systems
and liquefied natural gas (LNG) facilities (number 65-407 CMR 420; proposed
rule number: 2010-P267). There will be a public hearing on November 2, 2010,
10:00 p.m., at the Public Utilities Commission, 101 Second Street, Hallowell,
Maine. Written comments on the proposed rule may be filed with the
Administrative Director until December 1, 2010. Written comments should refer
to the docket number of this proceeding, Docket No. 2010-106 (Phase II) and be
sent to the Administrative Director, Public Utilities Commission, mailing
address – 18 State House Station, Augusta, Maine 04333-0018; delivery address –
101 Second Street, Hallowell, Maine 04347, or may be filed electronically. For additional
information, contact Carol MacLennan.
In a separate Maine Public Rulemaking Notice on 10/13/2010, the State of Maine Public Utilities Commission (PUC) opened a rulemaking to propose amendments to Ch. 421, setting forth safety and operation standards for jurisdictional liquid propane gas transmission and distribution systems (number 65-407 CMR 421; proposed rule number: 2010-P268). There will be a public hearing on November 2, 2010, 2:00 p.m., at the Public Utilities Commission, 101 Second Street, Hallowell, Maine. Written comments on the proposed rule may be filed with the Administrative Director until December 1, 2010. Written comments should refer to the docket number of this proceeding, Docket No. 2010-317 and be sent to the Administrative Director, Public Utilities Commission, mailing address – 18 State House Station, Augusta, Maine 04333-0018; delivery address – 101 Second Street, Hallowell, Maine 04347, or may be filed electronically. For additional information, contact: Matthew Kaply. The PUC rule making liaison is Paula.Cyr@Maine.gov. The PUC website is at http://www.maine.gov/mpuc/.
W. R. (Bill) Byrd, PE