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DOT Pipeline Compliance News

October 2022 Issue

In This Issue

  1. Pipeline Mapping Tools Webinar
  2. Unpacking the RIN2 Gas Mega Rule Free Webinar
  3. Did you know?
  4. The Enforcement Corner

Pipeline Mapping Tools Webinar

This webinar from the Pipeline Association for Public Awareness (PAPA) was designed to help public officials learn how online pipeline mapping tools can help promote the safe development of their community and aid in emergency response planning. The webinar is applicable for emergency managers, emergency officials, first responders, land planners, public officials, developers and permitters.

The webinar was held on Tuesday, October 11 – prior to us publishing this newsletter. Visit the PAPA website for more information on future webinars.

Unpacking the RIN2 Gas Mega Rule Free Webinar

In this webinar, RCP will provide an overview of the requirements found within PHMSA’s recent rule update, commonly referred to as “RIN2, Gas Mega Rule” published on August 4, 2022. This amendment is related to the Safety of Gas Transmission Pipelines: MAOP Reconfirmation, Expansion of Assessment Requirements and Other Related Amendments rulemaking issued on October 1, 2019. The amendments include clarification of integrity management requirements, codification of the management of the change process, revision to corrosion control requirements, an inspection of pipelines after extreme weather events, adjusting high consequence area repair requirements, and adding new requirements for non-high consequence area segments. Participants will come away with an understanding of the new requirements and what they need to do to prepare for implementation.

Date: October 17, 2022 (Monday): 1-2 p.m. CST

Really Cool People can Click here to register for the free webinar.

Did you know?

As our industry works to advance a zero-incident future, community engagement and industry programs like Pipeline SMS help educate operators and the public on actions they can take to protect their communities and the environment. Over the summer, API updated RP 1162, Public Awareness Programs for Pipeline Operators, building on lessons learned and reflecting the latest best practices. To learn more about our industry’s commitment to pipeline safety and community engagement, visit https://pipelinesms.org/

The Enforcement Corner

The Enforcement Corner summarizes recent PHMSA enforcement actions, indicating where PHMSA is putting its enforcement efforts and the fines they are proposing for various types of violations.

In August 2022, PHMSA issued 8 WLs, 7 NOAs, 1 NOPSO, and 7 NOPVs accompanied by $118,200 in proposed fines. Significant proposed fines were attributed to the following code sections:

  • $12,000 – 49 CFR 195.302(a) – Hydrostatic Tests
  • $15,500 – 49 CFR 192.807(a)(4) – Operator Qualification Recordkeeping
  • $45,200 – 49 CFR 191.23(a)(5) – Safety-related Condition Reports
  • $20,700 – 49 CFR 192.465(c) – External Corrosion Control Monitoring
  • $24,800 – 49 CFR 192.465(d) – External Corrosion Control Monitoring

Please note:

  1. Pipeline operators may disagree in whole or in part with each proposed violation cited by PHMSA. 
  2. Proposed Civil Penalties (PCP) may be reduced or eliminated before an enforcement action becomes final.
  3. A Corrective Action Order (CAO) usually addresses urgent situations arising out of an accident, spill, or other significant, immediate, or imminent safety or environmental concern.
  4. A Notice of Amendment (NOA) is frequently a result of a difference of opinion regarding written procedure requirements.
  5. A Notice of Proposed Safety Order (NOPSO) addresses pipeline integrity risks that may not constitute a hazardous facility requiring immediate corrective action (see Corrective Action Order described above),but do need to be addressed over time.
  6. A Notice of Probable Violation (NOPV) is not proof that a violation actually occurred.
  7. A Proposed Compliance Order (PCO) frequently documents actions the pipeline operator already planned to do.
  8. Warning Letter (WL) is an official notice by PHMSA that an operator needs to make improvements but that no further enforcement is proposed for those findings at this time.

RCP maintains a detailed database of all PHMSA enforcement actions dating back to 2007 and is routinely asked for data analysis of various enforcement actions. For more information on how RCP can assist with enforcement action data analysis services, contact Jessica Foley.

Need to respond to a PHMSA enforcement action?
Need to know if your enforcement action is an outlier, or par for the course? 
RCP maintains a detailed database of all PHMSA enforcement actions and their resolution which enables us to compare and contrast individual enforcement actions to nationwide actions and trends.  We can help put things into context to ensure an effective reply for each citation.  For more information on how RCP can assist with enforcement action data analysis services, contact Jessica Foley.

We would welcome the opportunity to discuss our services with you.

Sincerely,

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