Damage Prevention Update SD/ND/WY Pipeline Safety Seminar Rapid - - PowerPoint PPT Presentation
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Damage Prevention Update SD/ND/WY Pipeline Safety Seminar Rapid City, SD April 3, 2013 Harold Winnie Community Assistance and Technical Services Project
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
SD/ND/WY Pipeline Safety Seminar Rapid City, SD April 3, 2013 Harold Winnie Community Assistance and Technical Services Project Manager Central Region
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
– State pipeline safety offices are eligible applicants – Maxim um aw ard = $ 4 5 ,0 0 0 per year – Funding available to assist in im proving dam age prevention program s
– State Authority designated by Governor of state is eligible applicant – Maxim um aw ard = $ 1 0 0 ,0 0 0 per year – Funding to assist states in aligned w ith one or m ore of the 9 Elem ents of Effective Dam age Prevention
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
exem ptions based on existing data
array of panelists, including operators, excavators, one call centers, agriculture, railroad…
w w w .regulations.gov under docket # Docket No. PHMSA– 2 0 1 3 – 0 0 2 9 .
Congress
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
Dam age Prevention Grants.
ineligible, and inform ally notified. Developing process for next steps
January 3 , 2 0 1 4
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
– http:/ / w w w .phm sa.dot.gov/ pipeline/ regs
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
NPRM seeks to revise Pipeline Safety Regulations to: 1 . Establish criteria and procedures for determ ining adequacy of state pipeline excavation dam age prevention law enforcem ent program s 2 . Establish the adm inistrative process for m aking adequacy determ inations 3 . Establish the Federal requirem ents PHMSA w ill enforce in states w ith inadequate enforcem ent program s 4 . Establish the adjudication process for adm inistrative enforcem ent proceedings against excavators w here Federal authority is exercised
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
(see NPRM for complete language) 1 . Does the state have enforcem ent authority w ith civil penalties? 2 . Has the state designated an agency or other body as the responsible enforcem ent authority? 3 . I s the state using its enforcem ent authority and m aking inform ation publicly available that dem onstrates the effectiveness of enforcem ent? 4 . Does the state have a reliable m echanism for learning about excavation dam age? 5 . Does the state use dam age investigation practices that are adequate to determ ine the at-fault party?
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
6 . Does the state’s dam age prevention law require: a) Excavators m ust call the one-call before excavating; b) Excavators m ay not excavate in disregard of the m arked location of pipelines; c) An excavator w ho causes dam age to a pipeline: i. Must report the dam age to the
ii. Must call 9 1 1 or another em ergency telephone num ber if the dam age results in a release. 7 . Does the state lim it exem ptions for excavators from its excavation dam age prevention law ?
(see NPRM for complete language)
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
agency or office w ith a role in the enforcem ent program
against excavators in a state upon a finding of inadequacy
to im plem ent an adequate program – After five years, state is subject to a reduction in “base grant” funding established under 4 9 U.S.C. 6 0 1 0 7
(see NPRM for complete language)
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
but is not required to adopt all recom m endations
– ( 1 ) the Criteria for Evaluating State Enforcem ent Program s; – ( 2 ) the Federal Excavation Standard; and – ( 3 ) the I ncentives for States to I m plem ent Adequate Enforcem ent Program .
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
cost-effective, and practicable if the follow ing changes are considered:
pream ble of the final rule that clarifies the scope and applicability of the state evaluation criteria. The policy w ill address the relative im portance and intent
by the com m ittee during the m eeting.
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
evaluating a state dam age prevention program considering factors such as state’s investigation processes, standards for excavators, excavator education efforts, and com m itm ent to continued im provem ent.
prevention program is deem ed adequate should also include consideration of w hether the state’s one call centers are required to provide a m andatory positive response to locate requests.
should be am ended to include public com m ent.
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
practicable if the follow ing changes are considered: – Elim inate the hom eow ner exem ption. – PHMSA develops a policy, incorporated into the pream ble of the final rule that clarifies the scope and applicability. The policy w ill address triggers for federal enforcem ent, how PHMSA w ill consider state exem ptions in enforcem ent decisions, and how the federal excavation standard w ill be applied in states w ith inadequate enforcem ent program s. – I n addition the follow ing item s be considered for incorporation into the final rule ( including the policy as appropriate)
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
– “Upon calling the 9 1 1 em ergency telephone num ber, the excavator m ay exercise discretion as to w hether to request em ergency response personnel be dispatched to the dam age site.” PHMSA should elim inate the discretion of the excavator in determ ining w hether em ergency personnel should be dispatched. – PHMSA should edit Section 1 9 6 .1 0 3 , w hich lists an excavator’s obligations to protect underground pipelines from excavation-related dam age. Section 1 9 6 .1 0 3 should read “Prior to com m encing excavation activity w here an underground gas or hazardous liquid pipeline m ay be present…the excavator m ust:”
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
CGA BP 5 -2 5
w here dam age or a near m iss has occurred until the
– no upper tim efram e
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
practicable if the follow ing changes are considered: – Retain the potential penalty to base grants, but consider low ering the percentage that m ay be affected – PHMSA develops a policy, incorporated into the pream ble of the final rule that clarifies how base grants w ill be calculated by including the state program evaluation criteria defined in the final rule. – ( Reduce grace period ( 1 9 8 .5 3 ) from five years to three years.) – Ensure the Governors of states w ith inadequate enforcem ent are directly inform ed of PHMSA’s findings
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
– http:/ / prim is.phm sa.dot.gov/ com m /
grants, incident inform ation and m ore – resource links based on audience – http:/ / w w w .phm sa.dot.gov/ pipeline
inform ation, form s, regulatory actions, etc. – Sites are linked
( 3 1 7 ) 2 5 3 -1 6 2 2 annm arie.robertson@dot.gov
U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration