DOT Pipeline Compliance News

October 2010 Issue

In This Issue

Use of the Federal Drug Testing Custody and Control Form; Technical Amendment and Clarifications

[Docket DOT-OST-2010-0161]; RIN 2105-AE03

All urine specimens collected under the Department of Transportation (DOT) drug testing regulation, 49 CFR Part 40, must be collected using chain-of-custody procedures that incorporate the use of the Federal Drug Testing Custody and Control Form (CCF) promulgated by the Department of Health and Human Services (HHS). On November 17, 2009, HHS published a proposal to revise the CCF [74 FR 59196]. Recently, HHS announced the new CCF in the Federal Register [75 FR 41488] which has an effective date of October 1, 2010. In order to accommodate the form’s use within the transportation industry program, the Department has made a few necessary regulation changes in order for collectors, laboratories, and Medical Review Officers to know how to use the new form. The Department has also made a technical amendment to its drug testing procedures to require laboratories to report the concentration of the drug or drug metabolite for a positive result to the MRO. This was inadvertently omitted from the DOT’s rule text in the section that directs what laboratories are to report and how they are to report it.

This interim final rule is effective October 1, 2010. Comments to this interim final rule should be submitted by October 27, 2010. Because HHS sought and received comments on the form and its use, DOT seeks only to receive comments on the actual implementation of the new CCF, and not on the form itself. Late-filed comments will be considered to the extent practicable. For further information contact: Bohdan Baczara, U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue, SE., Washington, DC 20590; 202-366-3784 b (voice), 202-366-3897 (fax), or (e-mail).

DOT Pipeline Compliance Workshop – October 19 – 21, 2010

Attention All Workshop Attendees: This is your opportunity to win a new iPod Nano from RCP. Each day of the workshop we will be giving away an iPod Nano in conjunction with testing out our new interactive workshop participation system. Test out your skills and see how much you really know about pipeline compliance!

Join us October 19 – 21 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 (October 19): 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 (October 20): 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:

  • Control Room Management
  • PHMSA reporting requirements and enforcement activities
  • DIMP implementation strategies
  • Public Awareness effectiveness evaluation & updates to RP 1162
  • Crude oil gathering & low stress liquid lines regulatory developments
  • Oil spill response plan developments

Each attendee will receive general training materials and speaker’s PowerPoint presentation handouts.

Day 3 (October 21): 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.

Special Speakers for DOT Workshop

Bill Byrd, President, RCP: Bill Byrd serves on the Executive Committee of the ASME Safety Engineering and Risk Assessment Division (SERAD), is treasurer of the ASME Pipeline Systems Division, and is the technical chair for the Safety Engineering, Risk Assessment, and Reliability Methods track at the International Mechanical Engineering Congress and Exhibition. He is the consulting expert to the API / AOPL Pipeline Performance Excellence Team. In addition to serving as president of RCP, he works as an expert witness and consulting expert, and is frequently called upon to comment on current or proposed rulemakings at public and private meetings and conferences. He is a registered professional engineer in four states, and has a Masters Degree from the Georgia Institute of Technology.

Chris Foley, Vice President, RCP: Chris Foley is a Board Certified Safety Professional and is a member of the American Gas Association Distribution, Construction and Maintenance Committee as well as a member of the Gas Piping Technology committee. He holds a Bachelors of Science from Texas A&M University in Industrial Engineering with a specialization in Systems Safety Engineering. Throughout his career, Mr. Foley has developed and implemented dozens of compliance management systems for Fortune 500 companies, including RCP’s compliance management system for gas distribution and transmission pipeline operators.

Rod Dyck, Director, Office of Enforcement, PHMSA: Rod Dyck is the Director of the Office of Enforcement at PHMSA, a position he has held since joining PHMSA in 2008. From 1996 to 2008, Rod held various positions at the NTSB including Associate Director (Pipeline), Deputy Director (Pipeline), and Principal Pipeline Engineer. From 1981 to 1996, Rod held a variety of positions at San Diego Gas & Electric Company, gaining experience in gas distribution and transmission. He chaired pipeline technical committees, received the American Gas Association’s Award of Merit, and authored numerous technical publications. He graduated from the University of Illinois in Urbana-Champaign with M.S. and B.S. degrees in engineering. He is a Registered Professional Engineer in California and Illinois.

Cheryl J. Trench, President, Allegro Energy Consulting: Cheryl Trench has worked extensively with the oil pipeline industry to understand causes and circumstances of releases to enhance prevention efforts. She has analyzed the role of pipelines in energy markets and has also analyzed gas transmission and gas distribution pipelines. Cheryl will talk about recent reporting changes for the gas and liquid pipeline operators – both the infrastructure and the incident reporting: what types of information must be reported, how that has changed in the recent past, what types of mistakes operators tend to make, how / when to report, etc.

Amber Pappas, Director of Communications, RCP: Amber sits on the API RP 1162 Review Committee and was closely involved in all aspects of the review process for RP 1162. In addition, she is a member of the Common Ground Alliance (CGA) Education Committee which was responsible for the creation of the 811, Call Before You Dig Campaign as well as other popular damage prevention communication initiatives. This, combined with her 15+ years of marketing and communications experience, brings a wealth of knowledge that will benefit all participants in the workshop. She is currently working with 10 major oil and gas companies to review their public awareness programs as well as conduct effectiveness evaluations.

Proposed Pipeline Safety Legislation 111th Congress (2009-2010) S.3824

At least four bills have been proposed as part of PHMSA Reauthorization to provide for enhanced safety and environmental protection in pipeline transportation; and for enhanced reliability in the transportation of the nation’s energy products by pipeline. One bill has been passed by the House, but it seems unlikely that reauthorization will occur until 2011 when the 112th Congress is in place. While the details of these proposed bills are all up for negotiation, it does give a good preview of what is likely to change in the future. Some key issues that appear in the various bills include:

  • Requires higher civil penalty limits of not more than $250,000 for each violation. A separate violation occurs for each day the violation continues, with a maximum civil penalty for a related series of major consequence violations is $2,500,000. “Major consequence violation” means a violation that contributed to an incident resulting in any of the following:
    • One or more deaths;
    • One or more injuries or illnesses requiring hospitalization
    • Environmental harm exceeding $250,000 in estimated damage to the environment including property loss; or
    • A release of gas or hazardous liquids that ignites or otherwise presents a safety threat to the public or presents a threat to the environment
  • Expands PHMSA jurisdiction over gathering lines (gas and hazardous liquids) which will lead to further regulation of these lines. Pipeline data may be collected on any gathering line, including unregulated gathering lines. Nothing in this section authorizes the Secretary to regulate pipelines located on the grounds of a production facility.
  • Requires installation of automatic and remote controlled shutoff valves for new pipeline installations
  • Allows for data collection of non-jurisdictional onshore oil flow lines. Nothing in this new subsection authorizes the Secretary to prescribe standards for the movement of oil through production, refining, or manufacturing facilities, or through oil production flow lines located on the grounds of production facilities.
  • Includes special provisions for any new Alaska pipeline development and major repairs to existing Alaska pipelines.
  • Allows PHMSA to gather more GIS data via NPMS prior to construction.
  • Requires PHMSA to maintain data of all pipeline inspections conducted over the previous month and post on the PHMSA website
  • Requires 120 day notice to PHMSA for new construction projects.
  • Requires telephonic notification of pipeline incidents within 1 hour to the National Response Center
  • Requires operators to pay for PHMSA design reviews of new construction projects.
  • Adds more conditions to Special Permits and requires the operator to pay for environmental reviews.
  • Possible expansion of integrity management requirements outside of HCA’s and elimination of class locations.
  • Adds biofuels that are flammable, toxic, corrosive or would be harmful to the environment to PHMSA jurisdiction.
  • Adds gaseous CO2 to PHMSA jurisdiction.
  • Possible expansion of PHMSA jurisdiction to non-petroleum hazardous liquid pipelines, such as chlorine, from chemical production facilities across land areas not owned by the producer that are accessible to the public.
  • Allows PHMSA to hire 40 more full time employees over a 4 year period.

For copies of these bills, contact Jessica Roger.

RCP’s Web-Based Compliance Management Systems

CP’s Compliance Management System (CMS) is an invaluable tool for managing all aspects of regulatory workflow. Some examples of how our clients are using the CMS include:

  • O&M Scheduling and Data Acquisition;
  • Cathodic Protection Inspection and Data Management;
  • One-Call Screening and Ticket Management;
  • Repair / Replacement Programs;
  • Operator Qualification Administration and Workflow Integration;
  • Leak Life Cycle Management;
  • Environmental, Health and Safety Compliance;
  • Audit Action Item Tracking; and
  • Customer Data Management.

DIMP Integration

For gas distribution operators looking for a powerful tool to implement DIMP, the RCP CMS integrates O&M data captured from field personnel along with inherent system attributes to provide real-time risk analysis, performance reporting, as well as track additional and accelerated actions taken to mitigate risks.

Key Features

  • GIS integrated workflow management
  • Custom tailored e-mail notifications and reporting
  • Runs on any web-enabled device, no software to download
  • Powerful reporting and custom query functionality
  • Multiple security and user privilege settings
  • Document storage and control (ex. procedures, maps, images, and completion documentation)
  • Automatic recurrence setting for routine tasks (example: leak surveys, CP surveys, etc.)
  • Create work orders for unscheduled / unplanned activities (ex. release reporting)

To request a demonstration or to request more information, please contact Jessica Roger.

Corporate Liability and Emergency Accident Notification (CLEAN) Act

111th Congress (2009-2010) H.R. 6008

The U.S. House passed Congressman Mark Schauer’s (D-MI) Corporate Liability and Emergency Accident Notification (CLEAN) Act, H.R. 6008. This bill would:

  • require companies to report any oil, gas, or other hazardous liquid spill to authorities no later than one hour after the discovery of the spill
  • increase civil penalties from $100,000 per incident to $250,000 and would increase the fine for companies with multiple violations from $1,000,000 to $2,500,000
  • require the DOT to maintain a public, searchable internet database of all reportable incidents involving gas or hazardous liquid pipelines.

The bill was introduced in direct response to the Enbridge leak in the underground pipe near Marshall, Michigan that polluted the Kalamazoo River.

Control Room Management – Proposed Expedited Deadlines

Docket ID PHMSA-2007-27954; RIN 2137-AE64

The Department of Transportation/Pipeline Hazardous Materials Safety Administration (PHMSA) published the Control Room Management/Human Factors final rule in the Federal Register on December 3, 2009, which became effective on February 1, 2010. (See related story in the DOT Pipeline Compliance News, December 2009 Special Edition.) The final rule established an 18-month program development deadline of August 1, 2011, and a subsequent 18-month program implementation deadline of February 1, 2013. This proposed rule proposes to expedite the program implementation deadline to August 1, 2011, for most of the requirements, except for certain provisions regarding adequate information and alarm management, which would have a program implementation deadline of August 1, 2012.

After evaluating the substantive provisions in the control room management rule, as set forth in more detail below, including the fact that most of the effort to comply with many of the provisions will have already been completed by the August 1, 2011, deadline, PHMSA believes that the program implementation deadlines should be expedited to realize the safety benefit to the public, property, and the environment sooner. Where PHMSA believes there is a need for additional program implementation time, the agency proposes to moderately shorten the time provided in the current rule by only six months. The proposal would amend the control room management rule in 49 CFR 192.631 and 195.446 to require that operators develop and implement all paragraphs by August 1, 2011, with the exception of paragraphs (c)(1) through (c)(4), and (e), which are proposed to require development by August 1, 2011, and implementation by August 1, 2012. The explanation for different treatment for (c)(1) through (c)(4), and (e), is given below:

(c) Provide Adequate Information-This paragraph requires operators to provide their controllers with the information, tools, processes and procedures necessary for the controllers to carry out the roles and responsibilities the operators have defined. Paragraphs (c)(1) through (c)(4) may require certain physical changes and testing to an operator’s SCADA system, backup system, and communications. PHMSA believes the program implementation deadline for paragraphs (c)(1) through (c)(4) should be expedited by six months to August 1, 2012, to realize the safety benefit to the public, property, and the environment sooner, with minimal impact on regulated entities. Paragraph (c)(5) requires the establishment of procedures for when a different controller assumes responsibility, including the content of information to be exchanged. Since this section is tied to shift change, and because most, if not all, of the work to comply with this requirement will be performed during the development stage and completed under the current rule by August 1, 2011, PHMSA believes the program implementation deadline for paragraph (c)(5) should be expedited to coincide with the program development deadline consistent with paragraph (d) for fatigue.

(e) Alarm Management-This paragraph requires operators that use a SCADA system to have a written alarm management plan to provide for effective controller response to alarms. Some provisions in this paragraph may require physical changes to SCADA systems. PHMSA believes the program implementation deadline for this paragraph should be expedited by six months to August 1, 2012, to realize the safety benefit to the public, property, and the environment sooner, with minimal impact on regulated entities.

In addition to the above, the following requirements are self-executing and would not be amended:

(i) Compliance Validation-This paragraph requires operators to submit their procedures, upon request, to PHMSA or, in the case of an intrastate pipeline facility regulated by a state, to the appropriate state agency.

(j) Compliance and Deviation-This paragraph requires operators to maintain, for review during inspection, records that demonstrate compliance with the requirements of this section, and documentation to demonstrate that any deviation from the procedures required by this section was necessary for the safe operation of a pipeline facility.

Submit written comments on this proposed rule on or before November 16, 2010 to and reference Docket No. PHMSA-2007-27954. For further information contact Byron Coy at 609-989-2180 or by e-mail at

Control Room Management Services

RCP 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.

SPCC Rule Deadline Approaching

All SPCC Plan holders are reminded of the November 10, 2010 deadline for compliance with the recently updated SPCC Rule. EPA has proposed to extend those deadlines by another year for most facilities, but that rulemaking has not been finalized. In general the current deadlines for SPCC-regulated facilities are as follows:

  • Facilities in operation on or before August 16, 2002, must amend as necessary and implement the Plan no later than November 10, 2010.
  • Facilities in operation after August 16, 2002, through November 10, 2010, must prepare and implement a Plan on or before November 10, 2010.
  • Facilities in operation after November 10, 2010, must prepare and implement a Plan before beginning operations. Oil production facilities must prepare and implement a Plan within six months after beginning operations.

SPCC Plan holders commonly utilize evaporation as a procedure for removal of rainwater from berms. Plan holders should be aware that inspectors will measure freeboard from the top of the standing water mark and not from the bottom of the berm. If your company utilizes the evaporization method, then berm capacity should include freeboard for the anticipated maximum volume of standing water as well as standard freeboard requirements. For additional information contact Jessica Roger.

ASME Pipeline Systems Division Update

The ASME Pipeline Systems Division (PSD) is the proud sponsor of the International Pipeline Conference which is held every 2 years in Calgary, Alberta, Canada. During the PSD Executive Committee meeting on September 26 prior to this year’s conference, RCP’s President, Bill Byrd, was appointed Treasurer of the Division.

Damage Prevention Plans

RCP can develop or update your Damage Prevention plan. For more information about how RCP can assist you with your Damage Prevention Plan, click here.

2010 Damage Prevention Workshop

October 14-15 Houston, TX

API, AOPL, INGAA, AGA, and APGA are sponsoring a Damage Prevention Workshop in Houston, TX at the Omni Houston Hotel Westside from Thursday, October 14, 2010 through Friday, October 15, 2010. The fee to attend is $145 if registered by October 4, 2010 and $195 thereafter. Click here for on-line registration.

The workshop will kick off with a presentation from Shell Pipeline Company Commercial Manager, Michele Joy, a review of excavation damage data by Cheryl Trench of Allegro Energy, and a review of the INGAA Foundation’s previous workshop on parallel construction damage prevention issues. The National Utility Locating Contractors Association will host a panel discussion of issues from the locating contractor’s perspective, and Mears will present damage prevention issues from a directional drilling contractor’s perspective. There will be presentations from AGA about direction drilling and cross-bores, and Buckeye Pipeline about a directional drilling near-miss. KinderMorgan will explain their excavation monitoring process and their “ROW college.” Participants will also hear from API’s Public Awareness Team concerning RP 1162 and outreach activities to One Call Partners. Lastly, the attendees will participate in a breakout session to discuss these issues and develop recommendations for further consideration.

Jurisdictional Determination

Is there uncertainty as to whether a pipeline meets the applicability of 49 CFR 195 or 192? RCP can answer your questions regarding the jurisdictional status related to pipelines that may be regulated by the Department of Transportation Pipeline and Hazardous Materials Safety Administration (DOT/PHMSA). Click here to request more information on how RCP can help.

PHMSA Control Room Management Implementation Workshop

November 17 / Houston, TX

HMSA is hosting a free workshop on implementation of the Control Room Management Rule at the Intercontinental Hotel in Houston, Texas on November 17, 2010. This workshop is intended to foster an understanding of the Control Room Management Rule. Scheduled speakers will discuss components of the new regulations, such as who is covered, human factors/fatigue mitigation, and managing control room alarms. The workshop will provide opportunities for attendees to ask questions about the rule and to engage in open discussions with PHMSA and each other. There is no cost to attend this workshop, but attendees should pre-register at

Note: The registration website contains a few other questions to help with planning for the workshop, but you are in no way obligated to answer any of the additional questions if you prefer not to do so. Any information you submit will remain internal to PHMSA with a confirmation email to you so you can see your responses (and edit later if you so choose).

The event will NOT be webcast but PHMSA intends to have it recorded for viewing later. For additional information on this workshop, contact Karen Butler 816-329-3835;

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