As a reminder, this is a good time to evaluate your pipelines in the waters of the Gulf of Mexico and see if their risk profiles have changed. It has been a quiet year for hurricanes this year, but it has been a busy year for several of the other hazards for underwater pipelines. RCP’s proprietary Underwater Inspection Interval Risk Model analyzes key operator information as well as National Oceanic and Atmospheric Administration charts, state game and fisheries department maps and published project information for additional hazards and associated risks. 

For more information on RCP’s Underwater Inspection Procedure or Inspection Interval Risk Model, contact Jessica Foley.

The approaching NPMS Phase 0 deadline, set for June 2024, marks an important moment for operators in the energy and infrastructure sector. This deadline requires operators to submit vital data regarding breakout tanks, which are integral to the management of hazardous liquids within our energy infrastructure. Furthermore, pipeline data, such as pipeline diameter, which was optional before, is now mandated for submission. The deadlines for pipeline data are March 15 for gas pipelines and June 15 for liquid pipelines. 

The inclusion of breakout tanks within NPMS Phase 0 is a significant shift toward enhanced safety, greater regulatory transparency, and increased oversight. This mandatory reporting requirement for both breakout tanks and pipeline data will empower regulatory agencies to uphold safety standards, respond promptly to incidents, and bolster emergency preparedness. Operators will need to adapt to these new reporting mandates, ultimately contributing to the overall safety and resilience of our nation’s energy infrastructure. 

To speak with an SME for assistance with this new standard, contact Jessica Foley. 

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 2023, PHMSA issued 1 CAO, 0 NOAs, 1 NOPSO, 6 NOPVs, and 2 WLs accompanied by $575,900 in proposed fines. Significant proposed fines were attributed to the following code sections: 

• $20,800 49 CFR 195.440(b) Public Awareness 
• $75,500 49 CFR 195.452(d)(2) Integrity Management 
• $56,600 49 CFR 195.452(j)(2) Integrity Management 
• $21,200 49 CFR 195.583(a) Atmospheric Corrosion Control 
• $172,600 49 CFR 195.412(a) ROW Inspections 
• $78,500 49 CFR 191.22(c)(1)(i) National Registry 
• $65,100 49 CFR 195.404(c)(3) Maps & Records 
• $85,600 49 CFR 195.428(a) Overpressure Safety Devices 

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 concerns. 

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. Proposed Compliance Orders (PCO) frequently document 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.

Do you have questions? RCP’s SMEs have the answers. Information will be posted here for questions we often get from clients or discussions we have with regulators, interpretations and pending regulatory deadlines.

Q:  As far as the New Valve Rule goes, it does not apply to poly distribution, correct?

A: The New Valve Rule doesn’t apply to any type of gas distribution, including poly lines.  It applies to gas transmission and to Hazardous Liquid / CO2 Transmission lines.  As a result of the DC Circuit Court vacating other portions of the rule, it is no longer applicable to gas or hazardous liquids gathering pipelines. 

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