Protecting Pipelines from Excavation Damage Pipeline Safety - - PowerPoint PPT Presentation

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Protecting Pipelines from Excavation Damage Pipeline Safety - - PowerPoint PPT Presentation

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Protecting Pipelines from Excavation Damage Pipeline Safety Conference New Orleans July 11, 2017 2 Presentation Overview Overview of the regulation - what it is and what it is not PHMSAs evaluations of state enforcement programs to

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Protecting Pipelines from Excavation Damage

Pipeline Safety Conference New Orleans

July 11, 2017

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Presentation Overview

  • Overview of the regulation - what it is and what it

is not

  • PHMSA’s evaluations of state enforcement programs

to date

  • General observations from PHMSA’s evaluations
  • Regulation website
  • PHMSA Distribution Excavation Damage Data

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SLIDE 3

History of the Rule

  • Pipeline Inspection, Protection, Enforcement and Safety

(PIPES) Act of 2006 – Heavy focus on preventing excavation damage to pipelines (a leading cause of serious pipeline incidents) – New limited enforcement authority for PHMSA pertaining to excavators who damage pipelines in states with inadequate damage prevention enforcement programs

  • ANPRM published October 29, 2009
  • NPRM published April 2, 2012
  • Final rule published July 15, 2015
  • Rule becomes effective January 1, 2016

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  • An attempt to create a national one-call law
  • A takeover of state damage prevention programs
  • An attempt to nullify state damage prevention or one-call

laws, including state enforcement

  • An attempt to establish a large federal enforcement regime

PHMSA wants states to enforce their own

  • ne-call laws to adequately ensure safety.

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The Regulation is NOT…

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The regulation is considered “backstop” authority

  • 49 CFR 196 -- Protection of Underground Pipelines from

Excavation Activity – The federal safety standard applicable to excavators

  • 49 CFR 198.51 to 198.63 -- Subpart D—State Damage

Prevention Enforcement Programs

– Seven (7) criteria to evaluate state enforcement

  • PHMSA has enforcement authority over excavators only in

states determined to have inadequate enforcement programs

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Overview

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Subpart A – General Subpart B – Damage Prevention Requirements

  • 49 CFR 196.103

– Use one-call before excavating, wait for pipelines to be located/marked, respect the marks and take all practicable steps to prevent damage, make additional use of one-call if necessary for locates

  • 49 CFR 196.107

– Report any pipeline damage to pipeline operator

  • 49 CFR 196.109

– Promptly notify 911 if damage causes release of any 192 or 195 defined gas or hazardous liquid

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Part 196—Protection of Underground Pipelines from Excavation Activity

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SLIDE 7
  • 49 CFR 196.111

– PHMSA has authority to enforce against pipeline operators who do not perform timely and accurate locate and mark Subpart C – Administrative Enforcement Process

  • 49 CFR 196.201 – 211

– Use existing administrative adjudication process – Assess administrative maximum civil penalties of $205,638 per violation per day, $2,056,380 for series of violations – Use other civil and criminal penalties

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Part 196—Protection of Underground Pipelines from Excavation Activity

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Part 198—Regulations for Grants to Aid State Pipeline Safety Programs

Subpart D – State Damage Prevention Enforcement Programs

  • 49 CFR 198.53

– When and how PHMSA evaluates states – All state one-call law enforcement programs were evaluated in calendar year 2016 – Enforcement programs will be evaluated on an annual basis – 2017 evaluations will start in June – States have five years to meet minimum adequacy criteria

  • 49 CFR 198.55

– Criteria to evaluate states – PHMSA developed an audit checklist using the seven criteria

  • utlined in the regulation

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Part 198—Regulations for Grants to Aid State Pipeline Safety Programs

  • 49 CFR 198.57

– How PHMSA notifies states – All states have received their 2016 determination letters – Primary addressee is the entity with enforcement authority in the

  • ne-call law and cc: to the governor and state one-call
  • 49 CFR 198.59

– States have 30 days to contest an inadequate determination

  • 49 CFR 198.61

– PHMSA will issue a final decision

  • 49 CFR 198.63

– States may petition for reconsideration based on changed circumstances

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General Observations

  • When PHMSA published the ANPRM in 2009

There were nine states with no enforcement authority Today there are currently three states with no enforcement authority – Alaska – West Virginia – Colorado

  • New state enforcement – Mississippi and Louisiana
  • Diversity among states when it comes to enforcement
  • States have been cooperative and want to have an adequate

enforcement program

  • States have generally viewed the evaluation checklist as fair

and sufficient

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What if a State’s Enforcement Program is Deemed Inadequate?

  • PHMSA will support state efforts to develop an adequate

enforcement program

– Letters of support – Review proposed legislation – Review rules, regulations, process, procedures, etc. – Discuss program development – Stakeholder education

  • PHMSA urges the state to use the checklist along with the

guidance, as a road map to improve state enforcement

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PHMSA’s Approach to Federal Enforcement

  • General philosophy:

– Strategic and targeted enforcement on a limited basis; federal authority should be considered “backstop” – Primary goal: encourage change in State behavior (states should enforce their own laws) – PHMSA will enforce 49 CFR 196 (PHMSA cannot enforce state laws) – PHMSA will allow states an opportunity to investigate – PHMSA will encourage states to take enforcement action, e.g. mandatory training, warning letter, civil penalty, if warranted – PHMSA cannot enforce in states with adequate programs

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Resources

  • Website: http://phmsa.dot.gov/pipeline/safety-awareness-

and-outreach/excavator-enforcement – Google: “PHMSA Excavation Enforcement”

  • The website contains:

– Background information – Schedule of state program evaluations – State enforcement evaluation checklist – PHMSA’s determinations of state program adequacy – includes determination letter sent to state – Final Rule – FAQs – Contact information for PHMSA – Notify PHMSA of excavation damage

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PHMSA – Pipeline Excavation Damage Data

“PHMSA Stakeholder Communications”

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Gas Distribution Pipeline Leaks by Cause 2005 - 2016

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AL AR LA NM MS AL

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Gas Distribution Pipeline Leaks Caused by Excavation Damage 2005 - 2016

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MS NM LA AR AL

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Gas Distribution Pipeline Excavation Damages by Root Cause 2015 - Present

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Definitions from Gas Distribution Annual Report

  • One-Call Notification Practices Not Sufficient: Damages resulting from no

notification made to the One-Call Center; or notification to one-call center made, but not sufficient; or wrong information provided to One Call Center.

  • Locating Practices Not Sufficient: Damages resulting from facility could not

be found or located; or facility marking or location not sufficient; or facility was not located or marked; or incorrect facility records/maps.

  • Excavation Practices Not Sufficient: Damages resulting from failure to

maintain marks; or failure to support exposed facilities; or failure to use hand tools where required; or failure to test-hole (pot-hole); or improper backfilling practices; or failure to maintain clearance; or other insufficient excavation practices.

  • Other: Damages resulting from One-Call Center error; or abandoned facility;
  • r deteriorated facility; or previous damage or data not collected; or other.
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Gas Distribution Pipeline Excavation Damages by Root Cause 2015 - Present

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AL AR LA MS NM

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Gas Distribution Pipeline Excavation Damages by Root Cause 2015 - Present

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State Calendar Year Number of Excavation Tickets Number of Excavation Damages One-Call Notification Practices Not Sufficient Locating Practices Not Sufficient Excavation Practices Not Sufficient Other One-Call Notification Practices Not Sufficient Locating Practices Not Sufficient Excavation Practices Not Sufficient Other

AL 2015 421,174 2,996 480 395 795 1,424 16% 13%

27% 48%

AL 2016 533,159 3,827 719 823 1,235 1,050 19% 22%

32% 27%

AR 2015 220,859 1,778 544 241 555 438

31%

14%

31%

25% AR 2016 248,871 2,233 856 309 507 561

38%

14% 23%

25%

LA 2015 509,042 1,496 428 280 526 262

29%

19%

35%

18% LA 2016 525,148 1,967 526 418 813 210

27%

21%

41%

11% MS 2015 228,750 1,830 951 303 439 137

52%

17%

24%

7% MS 2016 270,962 1,636 503 413 590 130

31%

25%

36%

8% NM 2015 108,159 383 124 79 147 33

32%

21%

38%

9% NM 2016 114,935 466 150 102 163 51

32%

22%

35%

11%

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Thank You

Steve Fischer

(713) 325-2752 Steven.Fischer@dot.gov Excavation.Enforcement@dot.gov

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