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Title 49
 

OPS Rulemakings
- Current Status-

January 25, 2001

Richard D. Huriaux

Manager, Regulations

Office of Pipeline Safety

Pipeline and Hazardous Materials Safety Administration

Tel: 202-366-4565


Docket No. PS-124

RIN 2137-AD01

Further Regulatory Review; Gas Pipeline Safety Standards


Early in 1992, PHMSA began an extensive review of the federal gas pipeline safety regulations (49 CFR 192) and invited the public to participate (57 FR 4745; February 7, 1992). PHMSA published a Notice of Proposed Rulemaking (NPRM), proposing changes to 38 regulations in part 192 (Notice 1: 57 FR 39572; August 31, 1992). In addition, the National Association of Pipeline Safety Representatives (NAPSR) reported on a separate but related review of Part 192. Because the NAPSR report concerned a few of the regulations covered by the NPRM and had similar objectives, we published the report and requested public comment on its various recommended rule changes (Notice 2: 58 FR 59431; November 9, 1992) and later extended the comment period (Notice 3: 58 FR 68382; December 27, 1993). A final rule was published on June 6, 1996.

However, not all the changes suggested by the commenters were incorporated in the final rule. A further review of the regulations in Part 192, based on the record in this docket, was initiated in late 1996. This review identified proposals from the Gas Piping Technology Committee (GPTC), the ASME B31.8 (gas pipeline safety standards) committee, and NAPSR that have not yet been addressed.

In October 1997, NAPSR and the gas pipeline industry formed the State Industry Regulatory Review Committee (SIRRC), to discuss the regulatory proposals of NAPSR and other issues. On May 3, 1999, the SIRRC provided OPS a report on outcome of the discussion on 39 proposed changes to the gas pipeline safety regulations.

Status: Most of the SIRRC recommendations will be addressed in a subsequent notice in this docket. The welding recommendations are being adopted in the periodic update (Docket No. RSPA-99-6106) which was published for comment on March 22, 2000. The corrosion control recommendations are being considered in a review of the pipeline corrosion regulations in Docket No. RSPA-97-2762). An NPRM addressing the remaining SIRRC recommendations will be published by August 2001.

Statutory Mandate: None

Legal Deadline: None

Priority: Substantive, Nonsignificant

NTSB Recom. #: P-90-16; P-90-15

Agenda Commitment: 04/00/97

Contact: R. Huriaux (OPS) S. Pappas (DCC)

202-366-4565


Docket No. PS-126

RIN 2137-AB71

Passage of Internal Inspection Devices


The final rule (59 FR 17275; April 12, 1994) amended the gas and hazardous liquid pipeline safety regulations to require that new and certain replacement pipelines be designed and constructed to accommodate the passage of instrumented internal inspection devices ('smart pigs'). This action was in response to a mandate in the pipeline Safety Reauthorization Act of 1988. The intended effected of these amended regulations was to improve the safety of gas, hazardous liquid, and carbon dioxide pipelines by permitting their inspection by 'smart pigs' using the latest technology for detecting and recording abnormalities in the pipe wall. This rule required new and replacement pipelines to be capable of passing a 'pig' for internal inspection.

In response to two petitions for reconsideration, Notice 2 (59 FR 49896; September 30, 1994) was published to extend the compliance date for existing gas transmission lines and to modify the requirement for modification of line sections based on partial replacement of gas transmission pipelines located offshore and in rural areas. Subsequently, Notice 3 (60 FR 7133; February 7, 1995) was published to suspend enforcement of the final rule requirements for new and existing offshore gas transmission lines and for modifications to line segments based on partial replacement of pipe in existing onshore gas transmission lines. This stay was in response to extensive comment and a recommendation from The Technical Pipeline Safety Standards Committee (TPSSC) with regard to Notice 2. Nonetheless, hazardous liquid pipelines, carbon dioxide pipelines, new onshore gas transmission lines, and the actual replaced components in existing onshore gas transmission lines must comply with the final rule of April 1994.

Status: A final rule in response to the petitions, public comments, and recommendations from the advisory committee is being prepared for publication by August 2001.

Statutory Mandate: PL 100-561, Sections 108(b) & 207(b) (10/31/88)

Legal Deadline: None

Priority: Substantive, Nonsignificant

NTSB Recom. #: None

Agenda Commitment: 06/00/97

Contact: M. Israni (OPS) B. Betsock (DCC)

202-366-4571


Docket No. PS-130

RIN 2137-AC30

Response Plans for Onshore Oil Pipelines


An interim final rule (58 FR 244; January 1, 1993) established regulations to require oil spill response plans for onshore oil pipelines. These regulations were mandated by the Federal Water Pollution Control Act as amended by the Oil Pollution Act of 1990 (OPA). The purpose of these requirements is to improve response capabilities and to minimize the environmental impact of onshore oil spills from pipelines.

The operators have filed response plans under this interim final rule, and numerous tabletop exercises and area exercises have been conducted to validate the planning process. The operators are adopting a 'one plan' approach that allows an operator to file only one oil spill response plan with the various interested agencies on a five-year interval.

A public meeting on OPA matters was held in New Orleans, Louisiana, on January 29, 1997, to solicit comments on the Interim Final Rule from the pipeline industry, states and the public. A programmatic Environmental Assessment was published in Docket No. RSPA-99-6157 on August 30, 1999 (64 FR 47228). A Notice of Finding of No Significant Impact (FONSI) was published on October 26, 1999

(64 FR 57694).

Status: Because of time that has passed since issuance of Interim Final Rule, an advisory bulletin and an interpretation will be issued by January 2001 to address technical issues. Subsequently, a new NPRM will be issued to update record and support issuance of a final rule later in 2001.

Statutory Mandate: PL 101-380, 104 Stat. 484 (OPA 90)

Legal Deadline: 08/18/92

Priority: Other Significant

NTSB Recom. #: P-96-21

Agenda Commitment: 10/00/97

Contact: J. Taylor (OPS) P. Sanchez (DCC)

202-366-8860


Docket No. PS-133

RIN 2137-AC39

Emergency Flow Restricting Devices (EFRD)


The Pipeline Safety Act of 1992 required PHMSA to survey and assess the effectiveness of EFRDs and other procedures, systems, and equipment used to detect and locate hazardous liquid pipeline ruptures, and to prescribe regulations on the circumstances under which an operator of a hazardous liquid pipeline facility must use an EFRD or such other procedure, system, or equipment.

PHMSA issued an Advance Notice of Proposed Rulemaking in January 1994 to solicit data. A PHMSA-sponsored study on EFRDs and leak detection technology was issued on September 29, 1995. Subsequently, a public workshop on the very difficult issues involved in developing regulations on EFRDs was held in October 1995. PHMSA is also working with API to develop an industry standard on areas unusually sensitive to environmental damage (USAs), a definition that may held define areas that are EFRD candidates. In the interim, API's leak detection practices document to guide industry use of computational pipeline monitoring (leak detection) systems was adopted in 49 CFR Part 195 on July 6, 1998 (63 FR 36373).

EFRDs are being considered as part of an NPRM in Docket No. RSPA-99-6355, Pipeline Integrity Management in High Consequence Areas (Hazardous Liquid Operators with 500 or more Miles of Pipeline). An NPRM was issued by April 24, 2000 (65 FR 21695). The comment period ended June 23, 2000.

Status: The issue of EFRDs for large hazardous liquid pipelines was addressed as part of the Final Rule in Docket No. RSPA-99-6355 by November 30, 2000. A similar rule for small hazardous liquid pipelines will be issued in early 2001 in docket No. RSPA-00-7408.

Statutory Mandate: PL 102-508, 49 U.S.C. 60102

Legal Deadline: 10/24/96

Priority: Other Significant

NTSB Recom. #: P-95-1

Agenda Commitment: 07/00/97

Contact: L. Ulrich (OPS) S. Pappas (DCC)

202-366-4556


Docket No. PS-141

RIN 2137-AC38

Increased Inspection Requirements


Congress has expressed a concern about the risk of pipeline failures caused by undetected structural defects. It directed DOT to prescribe, if necessary, additional standards that require the periodic inspection of certain pipelines in high-density population areas, areas unusually sensitive to environmental damage, and crossings of commercially navigable waterways. The regulations are to prescribe circumstances in which inspections must be conducted with an instrumented internal inspection device. If the device is not required, the regulations must require the use of an inspection method that is at least as effective as using the device in providing for the safety of the pipeline.

OPS is considering the need to establish requirements for increased pipeline inspection, including 'pigging'. On October 19, 1995, a public workshop was held in Washington, DC, on development of regulations requiring increased inspection of certain gas and hazardous liquid pipelines. Industry participants advocated use of a wide variety of factors to judge the risk of a pipeline and to determine whether pigging is required.

The need for increased inspection requirements is being addressed in Docket No. RSPA-99-6355, Pipeline Integrity Management in High Consequence Areas (Hazardous Liquid Operators with 500 or more Miles of Pipeline). An NPRM was issued on April 24, 2000 (65 FR 21695). The comment period ended on June 23, 2000.

Status: The issue of increased inspection requirements for large hazardous liquid pipelines will be addressed as part of the Final Rule in Docket No. RSPA-99-6355 by November 30, 2000. A similar rule for small hazardous liquid pipelines will be issued in early 2001 in Docket No. RSPA-00-7408. Increased inspection requirements for gas transmission pipelines will be addressed in a future rulemaking.

Statutory Mandate: 49 U.S.C. 60102(f)(2)

Legal Deadline: 10/24/95

Priority: Other Significant

NTSB Recom. #: P-87-4; P-87-5

Agenda Commitment: 10/00/97

Contact: B. Furrow (OPS) B. Betsock (DCC)

202-366-4559


Docket No. RSPA-97-2094

RIN 2137-AC33

Pipeline Safety: Underwater Abandoned Pipeline Facilities


As mandated by Congress in the Pipeline Safety Act of 1992 (October 24, 1992), OPS is considering requiring operators to report on abandonments of underwater pipelines. This will require the reporting of pipelines abandoned before and after October 1992. Both regulatory and nonregulatory approaches have been considered. An NPRM was published on August 30, 1999 (64 FR 47157). Public comments were received by October 29, 1999.

Status: A final rule was published on September 8, 2000 (65 FR 54440).

Statutory Mandate: 49 U.S.C. 60108(c)(6)(A)-(B)

Legal Deadline: 04/24/94

Priority: Substantive, Nonsignificant

NTSB Recom. #: None

Agenda Commitment: 11/00/97

Contact: L.E. Herrick (OPS) A. Lopez-Goldberg (DCC)

202-366-5523


Docket No. RSPA-97-2717

RIN 2137-AD10

Pipeline Safety: Recommendations to Change Hazardous Liquid
Pipeline Safety Standards


In 1996, the National Association of Pipeline Safety Representatives (NAPSR) completed its review of the hazardous liquid pipeline safety regulations. It provided OPS with 28 recommendations for changes to 49 CFR Part 195, the hazardous liquid pipeline safety regulations. NAPSR's recommendations are aimed at making the regulations more explicit, understandable, and enforceable.

These proposals complete NAPSR's review of the gas and hazardous liquid pipeline regulations. NAPSR's recommendation on 49 CFR Part 192, the gas pipeline safety regulations, are being addressed in Docket No. PS-124.

Status: Now reviewing NAPSR recommendations for inclusion in next periodic update docket. Additional information from NAPSR at national meeting in April 2000. NPRM being prepared for issuance in June 2001.

Statutory Mandate: None

Legal Deadline: None

Priority: Other Nonsignificant

NTSB Recom. #: None

Agenda Commitment: None

Contact: B. Furrow (OPS) B. Betsock (DCC)

202-366-4559


Docket No. RSPA-97-2762

RIN 2137-AD24

Pipeline Safety: Controlling Corrosion on
Hazardous Liquid and Carbon Dioxide Pipelines


The corrosion-control regulations for gas and hazardous liquid pipelines will be revised to incorporate the latest safety practices for corrosion protection of steel pipe. Specific criteria for corrosion protection will be incorporated into the federal pipeline safety regulations, including, if appropriate, the incorporation by reference of voluntary consensus standards. Comparable standards will be applied to gas and hazardous liquid pipelines.

OPS held a public meeting on pipeline corrosion control issues on September 8, 1997, in association with the NACE International Fall Committee Meetings in Oakbrook, Illinois, to solicit comments on the gas and hazardous liquid pipeline corrosion control requirements in the federal pipeline safety regulations (49 CFR Parts 192 and 195). Comments addressed whether the current corrosion control sections of the regulations should be modernized, replaced, updated, or replaced by reference to corrosion control standards promulgated by NACE.

OPS worked with the gas and hazardous liquid industries and standards organizations to provide technical background for development of a proposed rule. A public meeting on pipeline corrosion issues was held on April 28, 1999, in San Antonio, Texas. Further meetings of the government/industry team were held in June and July 1999. Comments were received by June 30, 1999.

Status: Notice of proposed rulemaking was issued on December 8, 2001 (65 FR 76968). Comments are due on February 6, 2001.

Statutory Mandate: None

Legal Deadline: None

Priority: Substantive, Nonsignificant

NTSB Recom. #: P-87-3

Agenda Commitment: None

Contact: B. Furrow (OPS) A. Lopez-Goldberg (DCC)

202-366-4559


Docket No. RSPA-97-2879

RIN 2137-????

Pipeline Safety: Rapid Isolation of Ruptured Sections of
Gas Transmission Pipelines


Pipeline and Hazardous Materials Safety Administration held a public meeting on October 30, 1997, in Houston, Texas, with representatives of industry, state and local government, and the public on the use of remotely controlled valves (RCVs) on natural gas pipeline facilities. The purpose of this meeting was to gather information and discuss issues relevant to the development of regulations prescribing standards under which an operator of a natural gas pipeline facility must use RCVs. Congress mandated the use of RCVs on interstate natural gas pipeline facilities if it is determined as a result of a survey and assessment that the use of RCVs in technically and economically feasible and would reduce risks associated with a rupture of a natural gas pipeline facility.

Research to assess the technical and economic feasibility of remote control valves in gas transmission systems has been completed. An evaluation was published in September 1999. A public meeting on November 4, 1999, addressed the need for a rulemaking to establish time limits for isolating ruptured sections of gas transmission pipelines and the OPS study a RCVs.

Status: RCVs will be considered as part of a future integrity management rulemaking for gas transmission pipelines.

Statutory Mandate: PL 102-508; 49 U.S.C. 60102(j)(3)

Legal Deadline: 06/01/98 determination; 06/01/99 possible rulemaking

Priority: None

NTSB Recom. #: None

Agenda Commitment: None

Contact: L. Ulrich (OPS) A. Lopez-Goldberg (DCC)

202-366-4556


Docket No. RSPA-97-3001

RIN 2137-AC54

Pipeline Safety: Periodic Underwater Inspections


This action would require operators of natural gas and hazardous liquid pipelines to conduct periodic underwater inspections of offshore pipelines and those in navigable waterways. This action would also define what constitutes an exposed underwater pipeline and what constitutes a hazard to navigation or public safety. This could include requirements for the reburial of exposed pipelines. Under an OPS contract, Texas A&M University has recently completed a study of the issues related to burial depth and inspection requirements for underwater pipelines.

An NPRM is being drafted that will incorporate the Texas A&M recommendation for a risk-based approach. In addition, we will proposed standards to aid operators in defining the 'virtual bottom' to establish a discrete reference for measuring burial depth.

Status: The results of the Texas A&M study are being considered in drafting a proposed rule. An NPRM will be published in 2001.

Statutory Mandate: 49 U.S.C. 60108(c)

Legal Deadline: 10/24/95

Priority: Substantive, Nonsignificant

NTSB Recom. #: P-90-4

Agenda Commitment: 12/00/97

Contact: M. Barber (OPS) A. Lopez-Goldberg (DCC)

202-366-4560


Docket No. RSPA-98-4284

RIN 2137-AD22

Pipeline Safety: Enforcement Procedures


This action will revise PHMSA's pipeline safety enforcement procedures to reflect agency practices in uncontested cases where a person pays a proposed civil penalty or agree to a proposed compliance order. The procedures will be changed to show that both responses are considered offenses in determining future civil penalty assessments. In addition, PHMSA will no longer prepare a final order in cases involving these responses. These changes will streamline the enforcement process. Sections 49 CFR 190.209 & 190.213 of the pipeline safety regulations are affected by the proposed changes. A Notice of Proposed Rulemaking was published on August 12, 1999 (64 FR 43972). Comments were received by October 12, 1999.

Status: Preparing final rule for publication by July 2001.

Statutory Mandate: 49 U.S.C. 60101-60125

Legal Deadline: 04/24/94

Priority: Substantive, Nonsignificant

NTSB Recom. #:

Agenda Commitment: 10/00/98 (SRA 10/98)

Contact: L. Daugherty (OPS) B. Betsock (DCC)

202-366-4577


Docket No. RSPA-98-4316

RIN 2137-AD26

Pipeline Safety: Pressure Testing Older Pipelines in Terminals


Certain older pipelines in terminals and tank farms must be pressure tested before December 7, 2003. In response to a petition, PHMSA is reconsidering this testing requirement in light of the risk and low operating stress of these pipelines. PHMSA has stayed enforcement of the testing requirement against pipelines designed not to operate above 20 percent of specified minimum yield strength. PHMSA is consulting with terminal operators, the American Petroleum Institute, and others. A joint meeting with industry was held in June 1999.

Status: An NPRM is planned for publication by June 2001.

Statutory Mandate: 49 U.S.C. 60101-60125

Legal Deadline: None

Priority: Substantive, Nonsignificant

NTSB Recom. #:

Agenda Commitment: 12/00/98 (SRA 10/98)

Contact: M. Israni (OPS) B. Betsock (DCC)

202-366-4571


Docket No. RSPA-98-4868

(formerly Docket No. PS-122)

RIN 2137-AB15

Pipeline Safety: Gas Gathering Line Definition


The existing definition of "gathering line" would be clearly defined to eliminate confusion in distinguishing these pipelines from transmission lines in rural areas. OPS intends to conform this definition to the prevailing practices in government and industry. This definition is required by the Pipeline Safety Act of 1992.

In 1996, Congress amended the requirement for us to define the term "gathering line" by adding the phrase "if appropriate". We are presently considering alternative approaches to establishing a clear definition of gathering lines. An electronic public meeting was held from April 13 to May 17, 1999. Met with API and industry group on June 24, 1999. The comments received from the electronic public meeting are now being considered in drafting an NPRM.

Status: Meeting with state pipeline safety representatives to explore alternatives for definition of gas gathering lines in late 2000 and early 2001. NPRM being prepared for publication by June 2001.

Statutory Mandate: PL 102-508, Section 109 (10/24/92)

Legal Deadline: 10/24/94

Priority: Substantive, Nonsignificant

NTSB Recom. #: None

Agenda Commitment: 08/00/97

Contact: L.E. Herrick (OPS) S. Pappas (DCC)

202-366-5523


Docket No. RSPA-99-5455

(formerly Docket No. PS-140)

RIN 2137-AC34

Areas Unusually Sensitive to Environmental Damage (USAs)


The pipeline safety laws require the DOT to define areas unusually sensitive to environmental damage in the event of a hazardous liquid pipeline accident and to prescribe regulations that establish criteria for identifying each hazardous liquid pipeline facility and gathering line located in these unusually sensitive areas (USAs). PHMSA has sought early public participation in this rulemaking process through six public workshops, a series of technical meetings, and a pilot test of the proposed definition. This definition will be used in the integrity management rules and other rulemakings.

The USA conceptual model focuses on drinking water and ecological resources. USAs would be identified through a multi-step process, identifying the most broadly defined environmentally sensitive areas, then identifying areas of primary concern, and finally applying filtering criteria. A subset of environmentally sensitive drinking water and ecological resource areas would result that identifies those resources more susceptible to a hazardous liquid release or most highly impacted if affected by a release.

A Notice of Intent to pilot test a draft USA model was published in July 1999. A proposed USA definition was published on December 30, 1999 with a comment period through June 2000. PHMSA held a public workshop on April 27-28, 2000 to kick-off a technical review of the pilot results. The technical review was completed in May 2000 and comments were incorporated in the draft final rule. PHMSA has contracted with The Nature Conservancy and the Association for Biodiversity Information to obtain a national dataset on sensitive ecological species. On September 11, 2000, the Technical Hazardous Liquid Pipeline Safety Standards Committee voted for the proposed rule.

Status: A final rule was published on December 21, 2000.

Statutory Mandate: 49 U.S.C. 60109

Legal Deadline: None

Priority: Substantive, Nonsignificant

NTSB Recom. #: P-95-1

Agenda Commitment: 11/00/97

Contact: C. Sames (OPS) S. Pappas (DCC)

202-366-4561


Docket No. RSPA-99-6106

RIN 2137-AD35

Pipeline Safety: Periodic Updates to Pipeline
Safety Regulations (1999)


This rulemaking is designed to update the pipeline safety regulations on a periodic basis. It will incorporate by reference the latest editions of consensus technical standards to allow operators to utilize current technology, materials and practices. In addition, noncontroversial corrections and clarifications will be made. This annual update process is consistent with the President's goal of regulatory reinvention and improvement of customer service.

A Notice of Proposed Rulemaking was published in the Federal Register on March 22, 2000 (65 FR 15290). Comments were due on May 22, 2000.

Status: A final rule will be published by March 2001.

Statutory Mandate: 49 U.S.C. 60101-60125

Legal Deadline: None

Priority: Substantive, Nonsignificant

NTSB Recom. #:

Agenda Commitment: 12/00/99 (SRA 11/99)

Contact: R. Huriaux (OPS) P. Sanchez (DCC)

202-366-4565


Docket No. RSPA-99-6132

RIN 2137-AD42

Pipeline Safety: Producer-operated Outer Continental Shelf
Gas and Hazardous Liquid Pipelines
that Cross Directly into State Waters


This proposed rule would implement a provision of the December 10, 1996, Memorandum of Understanding (MOU) between the Department of the Interior (DOI) and the Department of Transportation (DOT) regarding Outer Continental Shelf (OCS) Pipelines. This rule would address producer-operated pipelines that cross into State waters without first connecting to a transporting operator's facility on the OCS. It is complementary to the Direct Final Rule (DFR) that addressed OCS oil or gas pipelines located upstream of the points at which operating responsibility for the pipelines transfers from a producing operator to a transporting operator (62 FR 61692, November 19, 1997; and 63 FR 12659, March 16, 1998). The proposed rule also would address the procedures by which producer and transportation pipeline operators would petition for permission to operate under either DOT (PHMSA) or DOI (Minerals Management Service) regulations governing pipeline design, construction, operation, and maintenance according to the operational circumstances of their respective pipelines.

Status: A Notice of Proposed Rulemaking is being prepared for issuance in early 2001.

Statutory Mandate: 49 U.S.C. 60101-60125

Legal Deadline: None

Priority: Substantive, Nonsignificant

NTSB Recom. #:

Agenda Commitment: 03/00/99 (SRA 11/99)

Contact: L.E. Herrick (OPS) T. Givens (DCC)

202-366-5523


Docket No. RSPA-99-6355

RIN 2137-AD45

Pipeline Safety: Pipeline Integrity Management
in High Consequence Areas
(Hazardous Liquid Operators with 500 or more Miles of Pipeline)


An October 21, 1999, notice announced a public meeting to consider the need for additional safety and environmental regulations for gas transmission lines, hazardous liquid pipelines, and distribution pipelines in high-density population areas, commercially navigable waterways, and areas unusually sensitive to environmental damage. The public meeting was held on November 18-19, 1999, in Herndon, Virginia. The meeting was to determine the extent to which operators now have integrity management programs, to explore effective ways to promote their development and implementation by all operators, and to discuss mechanisms to confirm the adequacy of operator programs. Participants in the meeting discussed a practical definition of high consequence areas, as well as the need, if any, for increased inspection, enhanced damage prevention, improved emergency response, and other measures in these areas.

An NPRM was prepared to require validation/testing of the integrity of certain hazardous liquid pipelines in high consequence areas, i.e., high-density population areas, waters where currently commercial navigation exists, and areas unusually sensitive to environmental damage.OPS proposed increased inspection, enhanced damage prevention, improved emergency response, and other measures to prevent and mitigate pipeline leaks.An operator may choose between an OPS-prescribed testing program or an operator-developed integrity management program.

An NPRM, environmental assessment, and regulatory evaluation were issued on April 24, 2000 (65 FR 21695). Comments due by June 23, 2000.

Status: A final rule was issued on December 1, 2000 (65 FR 75378).

Statutory Mandate: 49 U.S.C. 60101-60125

Legal Deadline: None

Priority: Substantive, Nonsignificant

NTSB Recom. #:

Agenda Commitment: 03/00/99 (SRA 11/99)

Contact: M. Israni (OPS) S. Pappas (DCC)

202-366-4571


Docket No. RSPA-00-7408

RIN 2137-AD49

Pipeline Safety: Pipeline Integrity Management
in High Consequence Areas
(Hazardous Liquid Operators with less than 500 Miles of Pipeline)


On April 24, 2000, PHMSA's Office of Pipeline safety (OPS) issued a Notice of Proposed Rulemaking to establish new requirements for protection of populated areas, commercially navigable waterways, and areas unusually sensitive to environmental damage from hazardous liquid pipeline spills. The published proposed rule applies to hazardous liquid pipeline operators who own or operate 500 or more miles of pipeline. Through this document, OPS is proposing similar requirements for the remaining hazardous liquid pipelines. The proposed rule includes requirements for integrity assessment and evaluation of pipeline segments that could affect above high consequence areas, as well as the need to consider additional preventive and mitigative actions to protect these locations from pipeline spills. In these high consequence areas, OPS is proposing that an operator develop and follow an integrity management program that continually assesses and evaluates the integrity of those pipelines that could affect a high consequence area, through internal inspection or pressure testing, and data integration and analysis.

Through this required program, OPS expects operators to comprehensively evaluate the entire range of threats to pipeline integrity by analyzing all available information about the pipeline and consequences of a failure. This would include information on the potential for damage due to excavation, data gathered through the required integrity assessment, results of other inspections and tests required by the pipeline safety regulations, including corrosion control monitoring and cathodic protection surveys, and information about how a failure could affect the high consequence area, such as location of water intakes.

The proposed rule will require an operator to take prompt action to address the integrity issues raised by the assessment and analysis. This means an operator must evaluate and repair all defects that could reduce a pipeline's integrity according to specified risk criteria. The integrity of these pipelines would be further assured through other remedial actions, and preventive and mitigative measures.

Status: An NPRM will be published by February 2001, along with an environmental assessment and regulatory evaluation.

Statutory Mandate: 49 U.S.C. 60101-60125

Legal Deadline: None

Priority: Substantive, Nonsignificant

NTSB Recom. #:

Agenda Commitment:

Contact: M. Israni (OPS) S. Pappas (DCC)

202-366-4571


Docket No. RSPA-00-8417

RIN 2137-AD55

Pipeline Safety: Drug and Alcohol Testing for
Pipeline Facility Employees


We propose to conform the pipeline facility drug and alcohol testing regulations with corresponding DOT regulations (Procedures for Transportation Workplace Drug and Alcohol Testing Programs). We also propose miscellaneous changes to the pipeline facility drug and alcohol testing regulations to make them easier to apply and understand. The proposals are intended to ensure the pipeline facility drug and alcohol testing regulations are clear and consistent with the DOT regulations.

Status: NPRM will be published in early 2001.

Statutory Mandate: 49 U.S.C. 60101 et seq.

Legal Deadline: None

Priority: Unknown

NTSB Recom. #: None

Agenda Commitment: None

Contact: B. Furrow (OPS) B. Betsock (DCC)

202-366-4559


Docket No. RSPA-01-8663

RIN 2137-AD56

Pipeline Safety: Hazardous Liquid Pipeline Accident Reporting Revisions


This notice of proposed rulemaking would amend the pipeline safety regulations to lower the reporting threshold for hazardous liquid pipeline spills from 50 barrels to 5 gallons. We are also seeking comments on revisions to the hazardous liquid accident form to improve its usefulness. On the revised accident form, reporting for spills from 5 gallons to less than 5 barrels will require minimal information. The improvements to the hazardous liquid accident form are necessary to address known deficiencies in the current information collection. The improved information on failure cause categories and more detailed information about the impact of failed pipelines will improve pipeline safety statistics, increasing the overall usefulness of the data and making analysis more efficient and meaningful.

Status: NPRM will be published in the Federal Register in early 2001.

Statutory Mandate: 49 U.S.C. 60101 et seq.

Legal Deadline: None

Priority: Unknown

NTSB Recom. #: None

Agenda Commitment: None

Contact: R. Little (OPS) A. Lopez-Goldberg (DCC)

202-366-4569 202-366-4400

****End*****