2014 Oklahoma Seminar. Tulsa, Oklahoma November 2014

Transcription

1 2014 Oklahoma Seminar Tulsa, Oklahoma November 2014

2 Contact Information Wayne St. Germain Pipeline Safety Specialist U.S. Department of Transportation PHMSA Inspector Training and Qualifications Ph:

3 Oklahoma Seminar 2014 Regulatory Review

4 Rulemaking Process ANPRM Advance Notice of Proposed Rulemaking Used to gather information (non-mandatory) NPRM Notice of Proposed Rulemaking Defines intent and scope, something required from operator SNPRM Supplemental Notice of Proposed Rulemaking

5 Rulemaking Process FR Final Rule Implementation date, days depending on significance of regulation DFR Direct Final Rule Used for non-controversial issues

6 Alert Notices & Advisory Bulletins Alert Notices - a notice of a situation of immediate safety concern Advisory Bulletins - an advisory not of immediate safety concern matters that have potential to become safety or environmental risks

7 Final Rule September 25, 2013 Changes to 49 CFR 190 Pipeline Safety Programs Increases in both civil and criminal penalties ($200,000) Investigations, response options, hearings, addresses and contact information, Other administrative procedures

8 Notice November 27, 2013 Random drug rate to remain at 25% for calendar year positive drug test rate was <1% Reminder to submit information through PHMSA portal

9 Information Collection Notices April 1, Revision to Operator Registry April 28, Revision to Gas Distribution Annual Report May 6, 2014 Safety Related Conditions, Abandoned Underwater Pipelines, Periodic Underwater Inspections and Pipeline Safety Program Certification

10 Information Collection Notices June 26, 2014 Public Awareness July 1, 2014 Revisions to Operator Identification (OPID) August 14, 2014 Revision to Gas Distribution Annual Report

11 Information Collection Notices July 30, 2014 Revision to National Pipeline Mapping System Program Additional information will include spatial mapping accuracy, MAOP, class location, pipe information, construction data, commodity, throughput and compressor locations

12 ADB 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

13 Lessons Learned from Marshall, Michigan Accident ADB May 6, 2014 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

14 ADB May 6, 2014 Lessons Learned from Marshall, Michigan Accident IM Programs More conservative approach to defects Better data integration, including re-analyzing results because of new data Continuous reassessment process Performance measures and program evaluations using ADB (Meaningful Metrics)

15 ADB May 6, 2014 Lessons Learned from Marshall, Michigan Accident Control Room Periodic evaluations of leak detection capabilities Regularly train control room teams, including training on recognition of and response to emergencies and unexpected conditions on SCADA or leak detection software Scheduling policies and practices against ADB (Prevention of Human Fatigue in Control Rooms)

16 ADB May 6, 2014 Lessons Learned from Marshall, Michigan Accident Public Awareness Analyze & evaluate the effectiveness of programs Strong program shorten response Local emergency response agencies prepared to identify and respond to early indications of accident Evaluate against API RP 1162, ADB (Emergency Communications) and ADB (Communication during Emergency Situations)

17 ADB September 18, 2014 This advisory bulletin describes specific notification requirements and general O&M and integrity management requirements as well as additional actions operators should consider taking before, during and after flow reversals, product changes, and conversion to service..

18 ADB September 18, 2014 PHMSA refers operators to detailed guidance published in the document, Guidance to Operators Regarding Flow Reversals, Product Changes and Conversion to Service, which provides operators with PHMSA's expectations with respect to complying with existing regulations and also contains recommendations that operators should consider prior to implementing these changes..

19 ADB September 18, 2014 The document addresses flow reversals, product changes and conversion to service individually. The document is located at: /Pipeline/Regulations/GORRPCCS.pdf.

20 The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 Signed January 3, 2012 Funds programs of the Pipeline and Hazardous Materials Safety Administration (PHMSA) through fiscal year Addresses National Transportation Safety Board recommendations resulting from recent pipeline incidents

21 Reauthorization Fines Maximums increased to $200,000 and $2,000,000. (Amdt , Oct 25, 2013) HCA Emergency Response Time Comptroller General report due in 2013.

22 Reauthorization Automatic / Remote Shut Off Valve Regulations to require for new (or replaced) transmission lines by Study completed October, 2012 Available at: efiles/files/press%20release%20files/final%20val ve_study.pdf or primis.phmsa.dot.gov/meetings/dochome.mtg?mtg= 80

23 Reauthorization Integrity Management (ANPRM and NPRM) Expanding IMP requirements outside HCA s Report due 2014 to include evaluation of public safety enhancement, risk reduction and incremental cost factors.

24 Reauthorization Leak Detection (Liquids) Study Completed 7A89CAA18E E3DB9C /filename/Le ak%20detection%20study.pdf Evaluation of limitations of current technology. Establish standards for capabilities of leak detection systems? Findings / future rulemaking?

25 Accident and Incident Notification Reauthorization Post discovery, one hour maximum time to notify NRC. (ADB ) Note: NRC is currently not allowing on-line filings Changes to system may lead to long wait time for telephonic reports

26 Pending Rulemaking Eight (8) of the nine (9) rulemakings are expected to be designated significant Significant rules require review by PHMSA, OST, OMB before publication

27 Rule Process Significant vs Non-Significant Rulemakings Annual effect on the economy of $100 million Create 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

28 Pending Rulemaking Safety of on-shore hazardous liquid pipelines (NPRM stage) Excavation Damage Prevention (Final rule stage) Excess flow valves (EFVs) beyond single family residences (NPRM stage) Changes to forms, including gas distribution incident and annual reports

29 Miscellaneous Rule Several amendments based on petitions, NAPSR recommendations and other initiatives Post construction inspections, plastic pipe joiner qualification, welding definitions, Type B line leak surveys Published November, 2011 Final Rule stage

30 OQ, Cost Recovery and Other Changes Cover OQ for new construction, incident reporting, cost recovery and special permit renewal NPRM stage

31 Rupture Detection and Valves Establish and define rupture detection and response times, use of automatic shutoff and remote controlled valves Based on NTSB recommendations NPRM stage

32 Standards Update Incorporated by reference (IBR) standards Impact 22 of IBR standards Final Rule stage

33 IBR Documents Incorporated by Reference (IBR) Section 24 of Reauthorization addresses issue of incorporated by reference documents Public Meeting Incorporating by reference consensus standards unless available free of charge to the public on the Internet Modified to available for free

34 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)

35 Should or May Shall or Must Incorporated by Reference documents, should is must unless written justification why not practicable/necessary for safety

36 Enforcement Guidance Various enforcement guidance is available at: foia/e-reading-room Includes O&M, OQ, Corrosion, IM, Public Awareness

37 Enforcement Guidance Enforcement Guidance O&M Part 192 Revision Date Code Section Section Title Existing Code Language General (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, Last Amendment Interpretation Summaries Interpretation: PI-ZZ-065 Date: The only safety standard in Part 192 that governs the maintenance of service line valves is (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 (b), Part 192 does not require inspection of service line valves to see if they are operable. Interpretation: PI Date: The letter requested clarification of our August 31, 1989, letter regarding protection for offshore pipelines. The requirements of 49 CFR (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 Guidance Information Examples of a Probable Violation GPTC Guide Material is available. 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 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. 1. The lack of a procedure is a violation of The lack of records is a violation of 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.

38 e/tq

39 Includes terms defined in code and interpretations Technical documents and other IBR sources

40 PHMSA Information Websites PHMSA Training and Qualification PHMSA Pipeline Safety Regulations PHMSA Rulemaking rulemaking