RCP is planning a two and a half day DOT seminar on May 16-18, 2000 in Houston, Texas. Day 1 will be dedicated to a general review of the DOT pipeline regulations and jurisdictional boundaries. Day 2 will focus on recent and proposed rule changes, including industry standards for breakout tanks that were recently incorporated into the regulations. Day 3 (half day) is dedicated to the new Operator Qualification rule, and will provide an overview of the various industry and association workgroups and work products related to this significant rulemaking. Registrations will be accepted for each day independently, with group and multi-day discounts available. For more information on the seminar, please contact Bill Byrd at wrbyrd@your-rcp.com, phone 225-229-8080, or visit our seminar website at

http://www.your-rcp.com/dotseminar2000.htm.

You can also download a seminar brochure in .pdf format by going to

http://www.your-rcp.com/downloads/misc/brochure.pdf

(Requires Adobe Acrobat)

Hazardous Liquid pipelines that cross navigable waters must be inspected as required by 49 CFR 195.412(b). However, this regulation does not provide a definition of navigable waters. In several interpretation letters, the DOT Office of Pipeline Safety has consistently referred to the US Coast Guard definition of navigable waters as contained in 33 CFR Subpart 2.05. In short, navigable waters include the territorial seas, tidally influenced internal waters, and non-tidally influenced waters that "are or have been used, or are or have been susceptible for use, by themselves or in connection with other waters, as highways for substantial interstate or foreign commerce, notwithstanding natural or manmade obstructions that require portage". Unfortunately, that still leaves a lot of room for individual interpretation. To get the definitive answer, you must refer to 33 CFR Subpart 2.10, which states that each Coast Guard District maintains a list of navigable waters. These lists are maintained in the District Offices, and are generally not available on-line.

Acquiring a pipeline?

RCP can provide due diligence audits to help you ensure that potential compliance issues have been addressed before the sale is final.

In an effort to establish consistency among operators, the Southern Gas Association (SGA) has developed a notification process to share information about Operator Qualification (OQ) issues. Through an email notification process, SGA will disseminate information on the progress operators are making toward achieving the OQ requirements. Currently, one utility organization is working closely with their state commission pipeline safety representatives to obtain consensus approval of an OQ Plan.

Some highlights that may be of interest are:

• Qualifications of field personnel from other companies can be accepted as long as there is documentation on training on company specific procedures.
• Plastic pipe joining and welding are not covered tasks under this regulation since they are addressed separately under other sections of the codes.
• "Testing Out" and "Train and Test" are acceptable methods for qualification.
• A 5 year calendar year re-evaluation frequency for all covered tasks. This keeps the company from being tied to a specific date for re-evaluation.
• Electronic records are acceptable.
• There is no requirement to maintain written examinations on file. Simply maintaining the results of the tests is sufficient.
• Examination results can be either Pass or Fail, no specific percentage is required.
• Open book testing is acceptable.
• It is acceptable to establish a generic set of Abnormal Operating Conditions and apply them to all covered tasks.
• Operators should define the "normal" operating conditions for field personnel.

Note that each state commission has no authority over any other state or the Federal DOT Office of Pipeline Safety. However, each commission decision provides a reference point for development of operator qualification programs in other states.

The DOT / Office of Pipeline Safety requires that OPA90 plans be reviewed at least every 5 years from the date of submission, and that plans be modified and resubmitted within 30 days if any qualifying changes are required (49 CFR 194.121). The original plan submittal deadline was February 18, 1993. Interim approvals until August 18, 1995 were granted to companies that made appropriate certifications (49 CFR 194.119(e)). The original rule was published on January 5, 1993, and was modified on December 24, 1997, and July 13, 1998. An additional rulemaking is anticipated very soon. Indications are that OPS may take enforcement action against companies that are not in compliance with the submittal deadlines and / or have plans that do not reflect current pipeline operations and the current regulatory requirements.

RCP has developed a general interest site for OPA90 planning issues at http://www.opa90.com. Feel free to contact us directly if you require assistance with your OPA90 plan reviews and modifications. Ask for Roger at 225-755-7760.

Help Wanted

Know someone with regulatory expertise who is interested in full or part time work? Our recruiting coordinator would be glad to get their resume! Have them sent to linda@your-rcp.com, or FAX to 713-655-8083.

The Technical Pipeline Safety Standards Committee (TPSSC) and the Technical Hazardous Liquid Pipeline Safety Standards Committee (THLPSSC) will meet on May 3-4, 2000 at the Department of Transportation, Nassif Building, 400 Seventh Street, SW, Washington, DC 20590, in room 2230. The TPSSC and the THLPSSC are statutorily mandated advisory committees that assist RSPA's Office of Pipeline Safety in its consideration of proposed safety regulations, risk assessments, and safety policies for natural gas and hazardous liquid pipelines. Each committee has an authorized membership of 15 persons, five each from government, industry, and the public. The committees meet in May and November of each year. Comments on these meetings should be sent to the Dockets Facility, U.S. Department of Transportation, Plaza 401, 400 Seventh Street, SW, Washington, DC 20590-0001. Alternatively, comments may be e-mailed to ops.comments@rspa.dot.gov. All comments must reference Docket No. RSPA-98-4470. The tentative agenda for these meetings can be downloaded from the RCP website at

http://www.your-rcp.com/downloads/Misc/65 FR 15404 3-22-00 advisory committee meetings.pdf

Public Workshop and Initiation of Technical Review:

RSPA is concluding a pilot test of a draft definition for areas unusually sensitive to environmental damage from a hazardous liquid pipeline release, commonly referred to as unusually sensitive areas (USAs). The draft USA definition was created through a series of public workshops and technical entities. The pilot was conducted to determine if the draft definition could be used to identify and locate unusually sensitive drinking water and ecological resources using available data from government agencies and environmental organizations. RSPA invites industry, government agencies, and the public to a workshop that will begin a technical review of USA pilot results. The purpose of this workshop is to openly discuss the pilot results and to provide the results to other government agencies, environmental groups, and academia for evaluation. The workshop will be held on April 27, 2000, from 9 to 4 and on April 28, 2000, from 9 to 1 pm at the U.S. DOT, 400 Seventh Street, SW, Room 2230, Washington, DC. Written comments on this initiative must be submitted by June 27, 2000. Persons who want to participate in the workshop should call (202) 366-4561 or e-mail their name, affiliation, and phone number to christina.sames@rspa.dot.gov. Comments may also be e-mailed to ops.comments@rspa.dot.gov in ASCII or text format.

Click here to download a PDF Version of the DOT’s Regulatory Summary as of March 9, 2000

(Requires Adobe Acrobat to view)

Last month we provided you an update of the entire Rulemaking Current Status of the OPS. This newsletter has been archived on our web site and can be viewed at

http://www.your-rcp.com/newsletters/dotnewsmar2000.htm.

The following are the current changes to that summary.

Further Regulatory Review; Gas Pipeline Safety Standards
No further developments.

Passage of Internal Inspection Devices
The final rule in response to the petitions, public comments, and recommendations from the advisory committee is now being prepared for publication by May 2000, rather than April as reported last month.

Response Plans for Onshore Oil Pipeline
Final action is likely in April 2000.
Docket No. RSPA-99-6157

Emergency Flow Restricting Devices (EFRD)
No further developments.

Increased Inspection Requirements
No further developments.

Pipeline Safety: Underwater Abandoned Pipeline Facilities
(Docket No. RSPA-97-2094)
The final rule that was expected for publication in March, 2000 is now being prepared for April.

Pipeline Safety: Recommendations to Change Hazardous Liquid Pipeline Safety Standards (Docket No. RSPA-97-2717)
No further developments.

Pipeline Safety: Corrosion Control on Gas and Hazardous Liquid Pipelines
(Docket No. RSPA-97-2762)
No further developments.

Pipeline Safety: Rapid Isolation of Ruptured Sections of Gas Transmission Pipelines
(Docket No. RSPA-97-2879)
No further developments.

Pipeline Safety: Periodic Underwater Inspections (Docket No. RSPA-97-3001)
The NPRM that was expected for early 2000, will now be published in mid-2000.

Pipeline Safety: Adoption of Industry Standards for Liquefied Natural Gas Facilities
(Docket No. RSPA-97-3002)
No further developments.

Pipeline Safety: Enforcement Procedures
(Docket No. RSPA-98-4284)
No further developments.

Pipeline Safety: Pressure Testing Older Pipelines in Terminals
(Docket No. RSPA-98-4316)
No further developments.

Pipeline Safety: Gas Gathering Line Definition
(Docket No. RSPA-98-4868)
Comments received from the electronic public meeting are now being considered in drafting a NPRM for publication by June 2000.

Areas Unusually Sensitive to Environmental Damage (USAs)
(Docket No. RSP-99-5455)
No further developments.

Pipeline Safety: periodic Updates to Pipeline Safety Regulations (1999)
(Docket No. RSPA-99-6106)
On March 22, 2000, the Office of Pipeline Safety issued a proposed rule to revise and update the pipeline safety regulations to improve clarity, ensure consistency, and remove unnecessary requirements on the regulated pipeline community. Revisions include incorporation by reference of the most recent editions of voluntary consensus standards and specifications to enable pipeline operators to utilize current technology, materials, and practices. This document also proposes to increase the pressure limitation for new thermoplastic pipe, to allow plastic pipe on bridges, to clarify welding requirements, to revise the definition of hazardous liquid pipeline accident, and to make numerous minor clarifications. The public may submit or review comments in this docket by accessing the Dockets Management System’s home page at http://dms.dot.gov (reference Docket No. RSPA-99-6106). Comments on the subject of this proposed rule must be received on or before May 22, 2000. The proposed rule is available on the RCP website at
http://www.your-rcp.com/downloads/Misc/65 FR 15290 3-22-00 NPRM on periodic rule updates.pdf.

Pipeline Safety: Producer-operated Outer Continental Shelf Gas and Hazardous Liquid Pipelines that Cross into State Waters
(Docket No. RSPA-99-6132)
No further developments.

Pipeline Safety: Pipeline Integrity Management in High Consequence Areas
(Docket No. RSPA-99-6355)
No further developments.

Periodic Updates to Pipeline Safety Regulations (2000)
(Docket No. RSPA-99-6355)
No further developments.