Ohio DPS - PHMSA Presentation

Slide 1: 

Third-Party Excavator Enforcement Rulemaking Update (or Criteria for Federal Intervention) Ohio Damage Prevention Summit Columbus, Ohio September 13, 2011

Presentation Overview : 

Presentation Overview What is the Pipeline and Hazardous Materials Safety Administration (PHMSA)? The damage prevention “landscape” Nine element characterization State law, rule information Third-party excavator enforcement rulemaking – current status (AKA criteria for federal intervention) Where to get more information

U.S. DOT Administrations http://www.dot.gov: 

U.S. DOT Administrations http://www.dot.gov

Purpose What Does PHMSA Regulate?: 

Purpose What Does PHMSA Regulate? Over two and a half million miles of pipelines in U.S. 183,000+ miles of hazardous liquid pipelines 331,000+ miles of gas transmission pipelines 2,000,000+ miles of natural gas distribution pipelines 109 LNG plants connected to our natural gas transmission and distribution systems Propane distribution pipelines These pipelines are operated by more than 3,000 companies, large and small States play a major role in regulation of pipeline operation

Excavation Damage: What We All Already Know: 

Excavation Damage: What We All Already Know Excavation damage is a serious threat to public safety and pipeline integrity Data indicates overall decrease in incidents caused by excavation damage as well as gas distribution leaks caused by excavation damage Excavation damage is largely preventable We can do more across the country

Gas Pipelines: 2008 - 2010: 

Gas Pipelines: 2008 - 2010

Hazardous Liquid: 2008 - 2010: 

Hazardous Liquid : 2008 - 2010

Breaking Down the Data - Gas: 

Breaking Down the Data - Gas 2008 – 2010 : 14.5% of serious gas transmission incidents caused by excavation damage 28.18% of serious gas distribution incidents caused by excavation damage “Serious” means the incident resulted in fatality or injury requiring in-patient hospitalization.

Damage Prevention: PHMSA’s View: 

Damage Prevention: PHMSA’s View A shared responsibility Pipelines are critical infrastructure that are essential to our way of life. They also carry hazardous materials that pose risks to people and the environment. Damage prevention is a multi-faceted issue Damage prevention programs vary from state to state Guiding principles found in 9 Elements Cited in 2006 PIPES Act

Nine Elements: What are they?: 

Nine Elements: What are they? Effective communication throughout excavation process Partnership of all stakeholders Performance measures for locators Partnership in employee training Partnership in public education A dispute resolution process that defines the enforcement agency as a partner and facilitator Fair and consistent enforcement of the law Use of technology Data analysis and continual improvement

Nine Elements: Where Do We Stand? Characterization Tool: 

Nine Elements: Where Do W e S tand? Characterization Tool What is the Characterization Tool? Fall 2009 – Spring 2010: Questions for states concerning damage prevention programs Discussions with stakeholders in each state Consumer-reports style depiction of results Goal: Understanding state damage prevention programs, share results, foster improvement at state level

State One Call Law and Rule Information: 

State One Call Law and Rule Information Related to the nine elements… What do the damage prevention laws/rules require in each state? Notice requirements? Notice exemptions? Tolerance zones? Whitelining requirements? Positive response? Damage reporting? Etc…

State Law/Rule Documentation : 

State Law/Rule Documentation PHMSA partnered with NTDPC to conduct analysis of state damage prevention laws Information captured for excavator requirements , operator requirements , miscellaneous requirements Documentation includes excerpts from laws and rules as well as links to laws and rules Feedback/corrections welcome (and needed)

Slide 23: 

State Law/Rule Application http://primis.phmsa.dot.gov/comm/DamagePreventionSummary.htm

PHMSA’S DAMAGE PREVENTION ENFORCEMENT AUTHORITY: 

PHMSA’S DAMAGE PREVENTION ENFORCEMENT AUTHORITY

Existing PHMSA Damage Prevention Regs: 

Existing PHMSA Damage Prevention Regs PHMSA regulations currently require pipeline operators – and their contractors – to have and follow written damage prevention programs 49 CFR 192.614 (natural gas pipelines) & 49 CFR 195.442 (hazardous liquid pipelines) Operators must have written damage prevention programs, be members of one-calls, locate and mark pipelines when in receipt of excavation notification, and monitor/inspect pipelines during and after excavation activity as necessary Operators face civil penalties for non-compliance

PHMSA DP Efforts: One Call Enforcement: 

PHMSA DP Efforts: One Call Enforcement Section 2 of the PIPES Act includes congressional mandate to PHMSA: Conveys authority to take enforcement action against excavators who fail to comply with One Call laws and damage a pipeline facility Enforcement authority is limited – only can be used in states without adequate enforcement Intent is to incentivize states to adopt/use enforcement authority

PIPES Act Requirements: 

PIPES Act Requirements At a minimum, PIPES Act requires excavators to: Use a One Call system before excavating Regard the location information or markings established by a pipeline facility operator An excavator who causes damage to a pipeline facility that may endanger life or cause serious bodily harm or damage to property: Must promptly report the damage to the owner or operator of the facility; and If the damage results in the escape of any flammable, toxic, or corrosive gas or liquid, the excavator: Must promptly report to other appropriate authorities by calling 911

Third-Party Excavator Enforcement Rulemaking: 

Third-Party Excavator Enforcement Rulemaking PHMSA published ANPRM at end of CY 2009 seeking Comments on: Criteria used to evaluate states’ enforcement programs Administrative process for states to contest notice of inadequacy Federal standards PHMSA will enforce Adjudication process for violators

Common Comments to ANPRM: 

Common Comments to ANPRM Keep it simple Clearly define what is expected of state enforcement programs to be considered adequate Minimize exemptions (but some do make sense) Enforcement must be balanced – excavators as well as facility owners must be accountable For more information, see : http://www.regulations.gov , Docket ID PHMSA-2009-0192

PHMSA’s Views on Enforcement: 

PHMSA’s Views on Enforcement Effective, balanced enforcement reduces excavation damages to pipelines State data supports this Enforcement responsibility is inherently a state responsibility Enforcement is only one aspect of effective DP programs (see the Nine Elements) Objective: More Effective Enforcement of State DP Laws And Minimized Need for Federal Enforcement

PHMSA DP Enforcement: What Happens Next?: 

PHMSA DP Enforcement: What Happens N ext? PHMSA is developing a Notice of Proposed Rulemaking (NPRM) Current timeline: NPRM to be published during calendar year 2011 NPRM will contain responses to all comments received on the ANPRM and proposed regulatory language Excavators and other affected parties will have more opportunity to provide input to the rule after the NPRM is published

Federal DP Enforcement – More Information: 

Federal DP Enforcement – More Information Visit our website: http://www.phmsa.dot.gov/pipeline/regs/rulemaking http://www.phmsa.dot.gov/pipeline/regs/rulemaking

Please Visit the PHMSA Damage Prevention Website: 

Please Visit the PHMSA Damage Prevention Website http://primis.phmsa.dot.gov/comm/DamagePrevention.htm

Questions?: 

Questions? Nine Elements? State Law/Rule effort? Enforcement rule? Anything else……? Contact: Sam Hall 804-556-4678 sam.hall@dot.gov Annmarie Robertson 317-253-1622 annmarie.robertson@dot.gov