DOT Pipeline Compliance News

September 2013 Issue

In This Issue

2013 Arctic/Cold Regions Oil Pipeline Conference September 17-19, Anchorage, Alaska

The Alaska Department of Environmental Conservation (ADEC) is hosting an Arctic/Cold Regions Oil Pipeline Conference on September 17 – 19, 2013 at the Dena’ina Conference Center in Anchorage, Alaska. The Conference will provide a forum for established operators, governmental agencies, and private contractors to share information regarding the unique challenges associated with the construction and operation of oil pipelines in the Alaskan Arctic/Cold Regions. The objectives of the conference are to inform new entrants to the Alaska oil industry of the unique challenges of operation in Alaska; share current best practices, proven technologies, and lessons learned for challenges unique to Alaskan pipelines in the Arctic/Cold Regions; provide information from federal and state government agencies regarding regulatory oversight unique to Alaska; and avoid preventable environmental impacts to Alaska. Click here for more information, including agenda and registration information.

Transportation Workers Identification Credentials (TWIC) Card Renewal

If you hold a TWIC that expires on or before December 31, 2014 and you are a U.S. citizen or U.S. national you will be able to replace your expiring TWIC with a 3-year Extended Expiration Date (EED) TWIC. To order an EED TWIC or a card replacement, you may contact the UES Call Center at 1-855-DHS-UES1 (1-855-347-8371) Monday through Friday from 8 AM – 10 PM Eastern. More information can be found on the Transportation Security Administration (TSA) website.

Colorado Potential Proposed Rules

On July 17, 2013 Steve Pott made a presentation to the Colorado Oil and Gas Conservation Commission (COGCC) which touched on gas gathering and “Who Regulates Pipelines?” The Pipeline Safety Staff presentation included information on the Pipeline Certification Program and the cooperative agreement between PHMSA and the Colorado Public Utility Commissions (CPUC). Items to note from this presentation include:

  • PHMSA regulates the safety of the inter/intra state hazardous liquid pipeline and the interstate natural gas pipelines in Colorado, while the intrastate gas pipelines are regulated by the PUC.
  • CPUC updates their pipeline rules every 2 years.
  • The presentation defined the pipelines the CPUC regulates and provided possible changes to the state regulations including:
    • Prescriptive restrictions on state definitions
    • Potential to classify “incidental gathering” as Type “B” in future rulemaking with operator waiver plan.
    • Potential of adding requirements from 49 CFR 192.613 to ensure class location updates.
    • Updating the definition of Type C pipelines to include pipelines operating at or above 20% of SMYS or nonmetallic pipelines operating at or above 125 pig.

The CPUC regulations have the following additional requirements for Type “B” Gathering pipelines in Class 2, 3, and 4 areas:

  • Require instrumented leak survey
  • Require reporting of “incidents” and “events” to the CPUC; and
  • Require the preparation of a written procedural manual.

For a copy of this presentation contact Jessica Roger.

TRRC Proposed Amendments 16 TAC §8.201 – 20 More Inspectors?

The Railroad Commission of Texas (TRRC) proposes to amend 16 TAC §8.201, relating to Pipeline Safety and Regulatory Program Fees, to implement provisions of Senate Bill 1, 83rd Legislature (2013). Senate Bill 1 authorizes 20 additional full-time equivalent employees for pipeline safety activities, including inspection of intrastate pipeline and pipeline facilities, with an appropriation of $2,631,828.

TRRC also proposes to increase the pipeline safety and regulatory program fee from $0.75 to $1.00 annually for each service (service line) reported to be in service at the end of each calendar year, as required by the contingent appropriation in Senate Bill 1. Natural gas utilities affected by the proposed amendments are authorized to recover pipeline safety and regulatory program fees from their customers by applying an annual surcharge to customer bills.

Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, online or via email. Comments should refer to Gas Utilities Docket No. 10288. TRRC will accept comments until 12:00 p.m. (noon) on Monday, September 23, 2013, which is 31 days after publication in the Texas Register. The status of pending TRRC rulemakings is available at

API RP 1169 Inspection of New Pipeline Construction 1st Edition

API published the first edition of API RP 1169 Recommended Practice for Basic Inspection Requirements – New Pipeline Construction. This recommended practice (RP) covers the basic requirements and their associated references needed to perform inspection activities safely and effectively during construction of new onshore pipelines. Use of this document will provide the basis for what construction inspectors need to have a basic knowledge of and where to find detailed information related to each facet of new pipeline construction inspection activities. The requirements are organized into the following major sections: inspector responsibilities, personnel and general pipeline safety, environmental and pollution control, general pipeline construction inspection. Users of this document include those individuals either engaged in pipeline construction inspection or seeking to become certified inspectors. Pipeline owner/operators and pipeline inspection service companies may also use this document to aid and enhance their inspector training programs. The RP was developed under the oversight of API’s Pipeline Operations & Technical Group. API RP 1169 is available here.

PHMSA NPRM Periodic Updates of Regulatory References to Technical Standards & Misc. Amendments

[Docket No. PHMSA-2011-0337]

The Department of Transportation/Pipeline Hazardous Materials Safety Administration (PHMSA) posted a notice of proposed rulemaking (NPRM) to amend the pipeline safety regulations to incorporate by reference all or parts of new, updated, or reaffirmed editions of voluntary consensus standards that are available on the Internet, free-of-charge, to the public. PHMSA is also proposing to make nonsubstantive edits and to clarify regulatory language in certain provisions.

New regulations that are proposed to be incorporated include:

  • API Recommended Practice 5LT, “Recommended Practice for Truck Transportation of Line Pipe,” (First edition, March 1, 2012) to address the National Transportation Safety Board’s (NTSB) Recommendation P-04-03.
  • ASTM D2513-09a, “Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings,” (December 1, 2009), (except section 4.2 pertaining to rework material) (ASTM D2513). (PHMSA cannot guarantee allowing reworked material will provide an equivalent or better level of safety)
  • 49 CFR Section 195.452(l) currently requires an operator to maintain certain records for review during an integrity management (IM) inspection. Additionally, PHMSA proposes to specify that records for IM compliance must be maintained for the useful life of the pipe.

The following standards with updated editions are not proposed to be incorporated by reference:

  • API Recommended Practice 1162, “Public Awareness Programs for Pipeline Operator. – 1st edition December 2003 will continue to be referenced rather than the 2nd edition.
  • API Standard 653-2001, “Tank Inspection, Repair, Alteration, and Reconstruction” (3rd edition, 2001). It is worth noting that PHMSA is proposing to eliminate the Risk-Based Inspection allowances for internal tank inspection interval determination listed in the currently accepted 2003 edition.

New editions to currently referenced standards are being proposed to be incorporated by reference:

  • 49 CFR Section 24, ‘‘Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011’’, added a new requirement on documents incorporated by reference after January 3, 2013. The law states, “Beginning 1 year after the date of enactment of this subsection, the Secretary may not issue guidance or a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge, on an Internet Web site.” PHMSA negotiated agreements with the majority of the standards-setting organizations to make documents incorporated by reference in the pipeline safety regulations available to the public. These organizations are:
    • American Petroleum Institute (API).
    • American Gas Association (AGA).
    • American Society for Testing and Materials (ASTM).
    • Gas Technology Institute (GTI).
    • Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS).
    • NACE International (NACE).
    • National Fire Protection Association (NFPA).

Submit comments on the subject of this NPRM on or before October 15, 2013 via the E-Gov Web portal and reference Docket ID PHMSA–2011–0337.

For a copy of this NPRM, contact Jessica Roger.

PHMSA ADB 2013-04 Leak Repair Clamp Recall

[Docket No. PHMSA-2013-0185]

The Department of Transportation/Pipeline Hazardous Materials Safety Administration (PHMSA) issued Advisory Bulletin ADB 2013-04 to alert all pipeline operators of a T.D. Williamson, Inc. (TDW) Leak Repair Clamp (LRC) recall issued by TDW on June 17, 2013. The recall covers all TDW LRCs of any pressure class and any size. The LRCs may develop a dangerous leak due to a defective seal. Hazardous liquid and natural gas pipeline operators should verify if they have any TDW LRCs subject to the recall by reviewing their records and equipment for installation of these LRCs. Operators with TDW LRCs should discontinue use immediately and contact TDW for further recall instructions. Operators can obtain recall information through TDW’s Website, or by calling TDW at 888-770-7085.

For a copy of ADB 2013-04 Leak Repair Clamp Recall, contact Jessica Roger.