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In This Issue

  1. PHMSA Advisory Bulletin ADB-2014-01: Improvements in Preparing Oil Spill Facility Response Plans
  2. Need to Update your Response Plan (FRP, ICP or OSRP)?
  3. PHMSA Pipeline Safety Notice & Request for Comments
  4. Pipeline Advisory Committee Meetings in DC Area (February 25 & 26)
  5. Louisiana State Police Enforcement of One Call Violations
  6. Pipeline Regulations for iPhone
  7. Mobile Friendly rcp.com
  8. Spring Conference Schedule March – May 2014
  9. DOT Pipeline Compliance Workshop – March 25 – 27, 2014
  10. Class Location Methodology Public Workshop April 16, 2014
  11. Class Location Studies
  12. Editor’s Correction to ANSI Website Link
  13. ASME Training Week – Denver April 14 – 18

PHMSA Advisory Bulletin ADB-2014-01: Improvements in Preparing Oil Spill Facility Response Plans

[Docket No. PHMSA-2013-0226]

The Department of Transportation/Pipeline Hazardous Materials Safety Administration (PHMSA) issued an Advisory Bulletin concerning oil spill response planning for onshore oil pipelines. While the ADB covers several basic and well-known requirements, and mentions specific issues related to the Marshall, Michigan pipeline accident, the following items are of note (in your humble newsletter editor’s opinion):

NTSB’s report on the Marshall Michigan incident noted:

  1. a lack of regulatory guidance for pipeline facility response planning,
  2. the operator’s failure to identify and ensure the availability of well-trained emergency responders with sufficient response resources, and
  3. limited oversight of pipeline emergency preparedness.

The ADB addresses all 3 issues.

  1. Regulatory Guidance: Operators should utilize Appendix A Part 194-Guidelines for the Preparation of Response Plans. Section 194.115(a) requires operators to identify in their FRP the resources that are available to respond to a release. PHMSA has clarified that Appendix C to 33 CFR part 154 Section 7, “Calculating the Worst Case Discharge Planning Volumes” is the best reference for planning for and ensuring proper response capability. The 33 CFR regulation applies to Coast Guard regulated FRPs, but contains much more specific guidance concerning response equipment requirements than the 49 CFR pipeline regulations.
    EDITOR’S NOTE: The USCG guidance was developed assuming that the spill response would occur on water, not land. Pipeline operators should consider whether their WCD would be land or water based, and plan accordingly.
  2. Response Resources: PHMSA encourages operators to use USCG-classified oil spill response organizations (OSRO). An operator contracting with USCG-classified OSROs for response to a worst case discharge will not have to describe the response resources or the response equipment maintenance program of the USCG-classified OSROs. The operator must consider the time required for the USCG-classified OSRO to respond to the spill from wherever the contractor is based to the high volume area and all other areas.
    EDITOR’S NOTE: USCG OSRO ratings use a combination of response capacity and response timing. Some OSROs are rated to respond quickly but with minimal equipment. Others are rated to respond more slowly but with much more equipment. Operators are likely to need a combination of these to address all response scenarios.
  3. Oversight: The ADB recommends that operators submit FRPs electronically to PHMSA. It also notes that FRPs found to meet the requirements of PHMSA’s regulations at Part 194 will be posted on PHMSA’s Web site for public viewing. Prior to posting, PHMSA will redact certain information, such as personally identifiable information and certain security related information, in accordance with the Freedom of Information Act and any other applicable Federal law.
    EDITOR’S NOTE: Posting FRPs on PHMSA’s website will provide the public the opportunity to compare and contrast spill response plans from various operators and areas. Plans which do not seem as robust as some other plans are likely to receive public scrutiny and criticism.

The ADB also addresses other issues, and alerts operators and their plan submitters to common errors in plans that require amendment prior to PHMSA’s issuance of approval. These errors include:

  1. Missing, incorrect or incomplete methodology and calculations used to determine a Worst Case Discharge (WCD);
  2. failure to identify response resources that are available to respond to an incident scene;
  3. failure to identify specific environmentally and economically sensitive areas applicable to the pipeline area of operation;
  4. missing provisions to ensure responders are safe at a response site; and
  5. omission of the name or title and 24-hour telephone number of an operator’s “Qualified Individual” and at least one alternate.

Finally, onshore oil pipeline operators are encouraged to consider replacing incorporations by reference in their FRPs with a summary of referenced material or a copy of the full document.

For further information contact Justin Pryor by phone at 202-366-4595 or by email at justin.pryor@dot.gov. For a copy of ADB-2014-01, contact Jessica Roger.