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U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration

PHMSA Pipeline Safety Regulatory Updates and

Advisories: NPRM and Final Rule Activity

Tuesday, August 19, 2014

9:00 AM – 9:45 AM


Recent Advisory Bulletins


ADB-2013-02 July 12, 2013 Potential for Damage to Pipeline Facilities

Caused by Severe Flooding

• Continuing surveillance requirements §192.613 • Severe flooding can adversely affect the safe operation of a pipeline.

• Direct resources in a manner that will enable determination of the potential effects of flooding

• Urged to take actions to prevent and mitigate damage to pipeline facilities and ensure public and environmental safety in areas affected by flooding


ADB-2013-02 July 12, 2013 Potential for Damage to Pipeline Facilities

Caused by Severe Flooding

• If a pipeline has suffered damage, is shut-in, or is being operated at a reduced pressure as a precautionary measure due to flooding, the operator should advise the appropriate pipeline safety authority before returning the line to service, increasing its operating pressure, or otherwise changing its operating status.

• A Safety Related Condition as prescribed in §§ 191.23 and 195.55 may also be required.


ADB-2013-03 July 18, 2013 Reminder of Requirements for Utility LP-Gas

and LPG Pipeline Systems Remind owners/operators of liquefied petroleum gas (LPG) and utility liquefied petroleum gas (utility LP-Gas) plants that although they must follow the American National Standards Institute/National Fire Protection Association (ANSI/NFPA) standards 58 or 59, they must also follow certain sections and requirements of Part 192.


ADB-2013-03 October 31, 2013 Reminder of Requirements for Utility LP-Gas and LPG Pipeline Systems Updated bulletin with application section of Part 192 an operator needs to follow, particularly because ANSI/NFPA 58 and 59 do not specifically address these parts. Construction, Valves, Operations, OQ and DIMP


ADB-2013-04 August 28, 2013 Recall of Leak Repair Clamps due to Defective Seal T.D. Williamson issued recall on June 17, 2013 for Leak Repair Clamp (LRC) Covers all LRCs of any pressure class or size Manufactured between 9/2002 and 8/2012 Range in size from 2” to 48” ANSI Pressure Classes of 150, 300, 400, 600, and 900

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration ADB-2013-04 August 28, 2013

Recall of Leak Repair Clamps due to Defective Seal T.D. Williamson conducted study to identify problem, determine repair options, and evaluate fitness of existing LRCs. Stop using TDW LRCs and contact TDW immediately


ADB 2014-02 May 6, 2014 Lessons Learned from Marshall, Michigan Accident NTSB identified deficiencies in the integrity management (IM) program, control room management and public awareness that contributed to the release of hazardous liquid


ADB 2014-02 May 6, 2014 Lessons Learned from Marshall, Michigan Accident

• Operators should evaluate safety programs and implement any changes to eliminate deficiencies similar to the ones identified by the NTSB

• Encouraged to review past and future NTSB recommendations and proactively implement improvements


NTSB Recommendations • NTSB Recommendations from Enbridge

Marshall, MI (2012) accident included a finding of probable cause: The rupture and prolonged release were made possible by pervasive organizational failures: – Deficient integrity management procedures

– Inadequate training of control center personnel

– Insufficient public awareness and education

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NTSB Recommendations • Finding No. 28. Pipeline safety would be

enhanced if pipeline companies implemented safety management systems

• Recommendation to API: Facilitate the development of a safety management system standard specific to the pipeline industry that is similar in scope to your Recommended Practice 750, Management of Process Hazards.

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Safety Management Systems • SMS has entered the discussion with the

development of API RP 1173

• Public Meeting was held July 2, 2014 to preview the content of the current draft of API’s RP 1173 and communicate the Path Forward

• This was the 2nd Public Meeting on SMS. 1st Public Meeting on SMS held discussed many of the underlying concepts of SMS

• https://primis.phmsa.dot.gov/meetings - 13 -

https://primis.phmsa.dot.gov/meetings


Gas Transmission ANPRM

M. Quality Management Systems (QMS) • Quality management includes the activities and

processes that an organization uses to achieve quality including formulating policy, setting objectives, planning, quality control, quality assurance, [performance-based assessments], performance monitoring, and quality improvement.

• Should PHMSA establish requirements for QMS?

• Do gas transmission pipeline operators require their construction contractors to maintain and use formal QMS?

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Pending Rulemaking


Rulemaking Process • ANPRM – Advance Notice of Proposed

Rulemaking – Used to gather information (non-mandatory)

• NPRM – Notice of Proposed Rulemaking – Almost always required – Defines intent and

scope

• SNPRM – Supplemental Notice of Proposed Rulemaking


Rulemaking Process

• FR – Final Rule – Implementation date, 30 – 90 days depending on

significance of regulation

• DFR – Direct Final Rule – Used for non-controversial issues


Rule Process

• Significant vs Non-Significant Rulemakings (EO 12866)

• Have an annual effect on the economy of $100 million or more…

• Create a serious inconsistency or with another agency;

• Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

• Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this Executive order.

• 8 of 9 PHMSA rulemakings are or expected to be designated as Significant rulemakings

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Pending Significant Rulemaking

• www.dot.gov/regulations/report-on-significant-rulemakings

Milestone Originally

Scheduled Date

New Projected

Date

Actual Date

To OST 08/01/2013 07/30/2013 Returned to Mode

04/18/2014

Resubmitted to OST

06/12/2014

To OMB 07/22/2014 OMB Clearance

10/22/2014

Publication Date

12/28/2012 11/03/2014


Current Rulemakings in Process

Safety of Gas Transmission and Gathering Lines

(NPRM stage)

NPRM moving past PHMSA back to OST

ANPRM Published 8/25/2011

Major Topics under consideration:

• Expansion of IM requirements beyond HCA’s

• Repair criteria for both HCA and non-HCA areas

• Assessment methods

• Corrosion control

• Gas gathering

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Safety of Gas Transmission and Gathering Lines

- Continued Integrity Verification Process

Recommendations from NTSB

Elimination of the Grandfather clause

Minimum pressure test

Congressional mandate requiring either pressure testing or alternative equivalent means such as ILI program for pipe not previously tested or for those that have incomplete records to verify their MAOP

Other problematic or “legacy” pipe

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Excavation Damage Prevention (Final Rule stage)

Final Rule moved past PHMSA Adv. Committee approval vote December 2012 NPRM published 4/2/2012 Major Topic

• Enforce damage protection laws in States that have inadequate enforcement to protect safety. Complies with PIPE’s Act 60114(f).

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Miscellaneous Rulemaking (Final Rule stage)

Final Rule moved past PHMSA to OST Adv. Committee approval vote in 7/2012 NPRM published 11/29/2011 Major Topics

• performance of post-construction inspections • leak surveys of Type B onshore gas gathering lines • requirements for qualifying plastic pipe joiners • regulation of ethanol • the transportation of pipe

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Current Rulemakings in Process EFV Expansion beyond Single Family Residences

(NPRM stage)

NPRM moved past DOT (OST) to OMB

ANPRM published 11/25/2011

Major Topics

• Rule will propose to require EFVs for:

– branched service lines serving more than one single family residence

– multi-family residential dwellings

– commercial buildings

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Current Rulemakings in Process Standards Update (Final Rule stage)

NPRM published 8/16/2013; PAC Vote 12/2013 and 2/2014; moved to OST

Major Topics: • Addresses the set of IBR standards throughout PHMSA’s part

192, Part 193 and Part 195 code with updated revisions of standards from all standard organization bodies.

• This NPRM would impact 22 of the 60+ standards that we currently IBR.

• Per recent statute (Section 24, revised) all IBR standards pertaining to PSR must be available for free to the public. (Most SDOs comply)

– ANSI IBR portal – ibr.ansi.org

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Operator Qualification, Cost Recovery and Other Pipeline Safety Proposed Changes

(NPRM stage)

NPRM under development

This rule will address issues related to: • Operator Qualification for new construction

• Incident Reporting

• Cost Recovery

• Renewal process for special permits

• Other issues to be determined

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Current Rulemakings in Process Plastic Pipe

(NPRM stage)

Drafting NPRM to address the following plastic pipe topics:

• Authorized use of PA12

• AGA petition to raise design factor from 0.32 to 0.40 for PE pipe

• Enhanced Tracking and traceability

• Miscellaneous revisions for PE and PA11 pipelines

• Additional provisions for fittings used on plastic pipe

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Current Rulemakings in Process Rupture Detection and Valve Rule

(NPRM stage)

• This rule will establish and define rupture detection and response time metrics including the integration of Automatic Shutoff Valves (ASV) and Remote Control Valve (RCV) placement as necessary, with the objective of improving overall incident response.

• This rule responds to the Requirements of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (The Act):

– Section 4: ASV/RCV or equivalent technology be installed on newly constructed or entirely replaced natural gas and hazardous liquid transmission pipelines 2 years after the act was issued


Information Collection Activities

• Gas Distribution Incident Report form changes (6/27/13 & 11/27/2013)

– adding pipe material type; addressing landfill gases; systems types; and changes to instructions.

• Gas Distribution Annual Report form (4/28/14):

– Addressing specific commodity; owner type; additional material types; revision of leak cause categories.

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Access to safety standards PHMSA negotiated agreements with:

– American Petroleum Institute (API) – American Gas Association (AGA) – American society for Testing and Materials

(ASTM) – Gas Technology Institute (GTI) – Manufacturers Standardization Society of Valves

and Fittings Industry, Inc. (MSS) – NACE – National Fire Protection Association (NFPA)


DIMP Regulatory Update Are there proposed rule changes on the horizon that will change DIMP Regulations?

• Grade 1, 2 & 3 Leaks are all getting attention

• vintage pipe replacement have been highlighted by the DOT Secretary's Call to Action http://opsweb.phmsa.dot.gov/pipeline_replacement

• Risks introduced by improper construction and operation are a concern. Contractors are doing almost all construction with little oversight.

• Issues of today will create the real risks of tomorrow and drive changes to the regulations.

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http://opsweb.phmsa.dot.gov/pipeline_replacement


Should or May

=

Shall or Must Incorporated by Reference

documents, “should” is “must” unless written justification why not practicable/necessary for safety


Various enforcement guidance is available at: http://phmsa.dot.gov/ foia/e-reading-room

•Includes O&M, OQ, Corrosion, IM, DIMP, Public Awareness

Enforcement Guidance


Enforcement Guidance Enforcement Guidance

O&M Part 192

Revision Date

09-28-2011

Code Section

§192.703

Section Title

General

Existing Code Language

(a) No person may operate a segment of pipeline, unless it is maintained in accordance with this subpart. (b) Each segment of pipeline that becomes unsafe must be replaced, repaired, or removed from service. (c) Hazardous leaks must be repaired promptly.

Origin of Code

Original Code Document, 35 FR 13248, 08-19-70

Last Amendment

Interpretation Summaries

Interpretation: PI-ZZ-065 Date: 05-22-1998 The only safety standard in Part 192 that governs the maintenance of service line valves is §192.703(b). This section requires the repair, replacement, or removal from service of any segment of pipeline, including a valve that is unsafe. Although the inability to operate a service line valve may be reason to apply §192.703(b), Part 192 does not require inspection of service line valves to see if they are operable. Interpretation: PI-89-021 Date: 09-27-1989 The letter requested clarification of our August 31, 1989, letter regarding protection for offshore pipelines. The requirements of 49 CFR 192.317(a) applies to conditions known or that can be foreseen at the time of construction. Thereafter, an operator does not have a continuing obligation under this rule to provide protection against hazards from changed or new conditions. However, if the operator learns the pipeline has become unsafe due to these changed or new conditions, the operator would

Advisory Bulletin/Alert Notice Summaries

Other Reference Material & Source

GPTC Guide Material is available.

Guidance Information

1. Operators need to repair of conditions that are

"unsafe" or "could adversely affect the safe operation of [the] pipeline system," but do not specify a time period in which the required repairs must be made.

2. Operator needs to define hazardous leak. Part 192 Subpart P defines hazardous leaks. While this definition is only applicable to distribution systems, it may provide guidance for defining hazardous leaks. See §192.711 for additional guidance material.

3. Operator needs to have a leak classification system if all leaks are not repaired promptly.

4. Operator needs to have written procedures for leak classification and defining required repairs including time frames for performing repairs.

5. Operator must have a process for documenting leaks.

Examples of a Probable Violation

1. The lack of a procedure is a violation of

§192.605. 2. The lack of records is a violation of §192.603. 3. The operator did not follow written procedures. 4. Operator does not have a leak classification

process. 5. Pipelines known to be unsafe are not repaired. 6. Operator did not perform repairs in a timely

manner or in accordance with their procedures.


http://phmsa.dot.gov/pipeline/tq


• Includes terms defined in code and interpretations

• Technical documents and other IBR sources


Regulations


§192.605(b)(8) • O&M Manual

Periodically reviewing the work done by operator personnel to determine the effectiveness and adequacy of the procedures used in normal operation and maintenance and modifying the procedure when deficiencies are found.


• Inspector watching a saddle fusion in the field identified that joiner was not following company procedures

• Inspector asked to cut out and test fusion


Joint passed visual examination


Joint after Testing


§192.615(b) • Emergency Plans

(2) Train the appropriate operating personnel to assure that they are knowledgeable of the emergency procedures and verify that the training is effective. • (3) Review employee activities to determine whether the procedures were effectively followed in each emergency.


§192.617 • Failure Investigations

Each operator shall establish procedures for analyzing accidents and failures, including the selection of samples of the failed facility or equipment for laboratory examination, where appropriate, for the purpose of determining the causes of the failure and minimizing the possibility of a recurrence.


Integrity Management §192.1007 – DIMP – What are the required elements of an integrity management plan? (a) Knowledge (a)(3) Identify additional information needed and provide a plan for gaining that information over time through normal activities conducted on the pipeline (for example, design, construction, operations or maintenance activities).


Periodic Review • O&M and emergency manuals, damage

prevention and public awareness programs, integrity management plans as well as OQ all require periodic evaluation and review

• Lessons learned, recommended changes, and implementation of those changes are important

• Management Systems promote and require Continuous Improvement


Questions

phmsa office of pipeline safetywesternregionalgas.org/2014presentations/wr gas_reg...caused by...

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