Recent & Proposed Rulemakings

Transcription

1 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration PHMSA'S S Recent & Proposed Rulemakings and Initiatives Byron Coy Region Director, Eastern USDOT/PHMSA PENNSYLVANIA PIPELINE SAFETY SEMINAR October

2 Introduction Overview PHMSA Office of Pipeline Safety (OPS) OPS Recent & Proposed Rules Initiatives Advisory Bulletins

3 U.S. DOT Agencies (then) Research and Special Programs Administration (RSPA) FAA FMCSA RSPA FRA FHWA MARAD NHTSA STB

4 What was RSPA? FAA FMCA FHWA FRA MARAD STB FHWA Research and Special Programs Administration (RSPA) Research Pipeline Safety Hazardous Materials NHTSA

5 What Happened? Nov 30, 2004, the Norman Y. Mineta, Research and Special Programs Improvement Act established the Pipeline and Hazardous Materials Safety Administration i ti in the Department of Transportation FAA FMCA FHWA FRA Pipeline and Hazardous Materials Safety Administration (PHMSA) Pipeline Safety Hazardous Materials MARAD STB FHWA NHTSA Research and Innovative Technology Administration (RITA) Research

6 U.S. DOT Agencies (now) Pipeline and Hazardous Materials Safety Administration (PHMSA) FAA FMCSA PHMSA FRA MARAD RITA FHWA NHTSA STB

7 PHMSA Chief Counsel Office of Public Affairs Office of Pipeline Safety Contracts/Procurement Office of Hazardous Materials Safety Human Resources Civil Rights Training Center

8 PHMSA Organizational Update Cynthia Douglass (acting) Cynthia Quarterman (nom.) Administrator & Deputy Administrator Chief Counsel Cynthia Douglass Chief Safety Officer Associate Admin for Finance, Budget & Performance Integration/CFO Jeff Weise Associate Administrator for Pipeline Safety Associate Administrator for Hazardous Materials Safety Associate Administrator for Administration Associate Admin for Governmental, International & Public Affairs

9 PHMSA's Mission "To protect t people and the environment from the risks inherent in the transportation of hazardous materials by pipeline and other modes of transportation."

10 PHMSA's Strategic t Goals Safety: To reduce the risk of harm to people due to the transportation of hazardous materials by pipelines and other modes. Environmental Stewardship: To reduce the risk of harm to the environment due to the transportation of oil and hazardous materials by pipeline and other modes. Reliability: To help maintain and improve the reliability of systems that deliver energy products and other hazardous materials. Global Connectivity: To harmonize and standardize the requirements for pipeline and hazardous materials transportation internationally, to facilitate efficient and safe transportation through ports of entry and through the supply chain. Preparedness and Response: To reduce the consequences (harm to people, environment, and economy) after a pipeline or hazmat failure has occurred.

11 PHMSA Chief Counsel Office of Pipeline Safety Office of Hazardous Materials Safety Public Affairs Contracts/Procurement Now let's just talk about the Office of Pipeline Safety Human Resources (OPS) Civil Rights Training Center

12 Anchorage PHMSA Regions Pipeline Offices Western Region Lakewood Central Region Kansas City T&Q Oklahoma City Atlanta Eastern Region Trenton HQ Washington, D.C. Southern Region Southwest Region Houston

13

14 What Does OPS Do? Office of Pipeline Safety (OPS)- administers the federal pipeline safety regulatory program to assure the safe transportation of natural gas, petroleum, and other hazardous materials by pipeline. Office of Pipeline Safety

15 What Does OPS Regulate? National Transportation Pipeline System Government regulated - privately owned & operated Designed/optimized to meet economic and market needs Critical to the Nation s physical and economic health Critical to the Nation s security and defense Approximately 2.5 million miles of pipelines transport about 2/3 of U.S. energy consumables Many complex infrastructure interdependencies

16 What Does OPS Regulate? National Transportation Pipeline System Pipeline Type Miles % of Total Operators % of Total Hazardous Liquid 183, Gas Transmission 331, Gas Distribution 2,015, main 1,200,862, service 814,799 Total 2,530,

17 How? By developing regulations and other risk management approaches to assure safety in the design, construction, testing, operation, maintenance, and emergency response of pipeline facilities. By inspecting the national transportation pipeline system and enforcing pipeline safety regulations. By providing oversight, assistance and grants to States for intrastate pipeline safety programs. By Research and Development By Data Analysis and Trending

18 Pipeline Safety Reauthorization Reauthorization expected in 2010 Pending Regulations Low Stress One Rule DIMP CRM ANPRM Damage Prevention Regulatory Agenda will be driven by: 12 open PIPES Act mandates 14 open NTSB Recommendations (requested closure on 2) 2 GAO Recommendations 3 OIG Recommendations

19 2006 PIPES Act Mandates 2 Damage Prevention 3 Public Education & Awareness 4 Low Stress Pipelines 5 Technical Assistance Open PIPES Act Mandates 9 Distribution Integrity Management Program (DIMP)/ Excess Flow Valves (EFV) 12 Control Room Management (CRM) 15 Incident Reporting Criteria 17 Cost Recovery/LNG 18 Inspector Staffing 19 Implementation of NTSB SCADA Recommendations 20 Accident Reporting Form 24 Technical Assistance Program/Industry Education

20 Open NTSB Recommendations P P P P P Plastic Pipe Susceptible to Cracking Control Room Rest Requirements EFV Installation Remove Exemption in 49 CFR (b) Amend 192 and 195 to Follow API RP 5LW Marine Vessel Transportation of Pipeline P Truck Transportation Standard Need and Incorporation into 192 and 195 P P P P P P P P API RP 1165 Graphics on SCADA Screens Policy for the Review/Audit of Control Room Alarms Controller Training for Recognition of Abnormal Operating Conditions Change the Liquid Accident Reporting Form to Include Data Related to Controller Fatigue Recommend all HL Operators Install Computer-Based Leak Detection Systems Require HL Operators to have a Procedure to Calculate Release Volume for NRC Report Require HL Operators to Provide Updated Report to NRC if New Information is Available Revise Risk Assessment Plan if Risk Factors are not Addressed

21 Recent and Proposed Regulations Part 192

22 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration New "Final Rules" Low Stress Hazardous Liquid Pipelines Phase 1 Standards for Increasing the Maximum Allowable Operating Pressure (MAOP) for Gas Transmission Pipelines Polyamide 11 (PA 11) Plastic Pipe Design Pressures Special Permits & Safety Orders Incorporation by Reference Update: API 5L and API 1104

23 Protecting Unusually Sensitive Areas from Rural Onshore Hazardous Liquid Gathering Lines and Low-Stress Lines 49 CFR Part 195 Low Stress Final Rule: Published June 3, 2008 (effective July 3, 2008) Summary: Defines regulated rural onshore hazardous liquid gathering lines Phase 1 Extends existing safety regulations in Part 195 to large-diameter low-stress pipelines within a defined buffer area around a USA Requires operators to address the most common threats to the integrity of these pipelines: Corrosion and third-party damage Notes: Requires operators of these, and all other low-stress pipelines, to comply with annual reporting requirements - furnishing data needed for further rulemaking required by the 2006 PIPES Act.

24 Maximum Allowable Operating Pressure for Gas Transmission Pipelines (80% MAOP) 49 CFR Part % Final Rule: Published October 17, 2008 (effective Dec 22, 2008) MAOP Summary: Allows increase in the Maximum Allowable Operating Pressure (MAOP) of some gas transmission pipelines above current existing levels Up to 80% of the Specified Minimum Yield Strength (SMYS) in Class 1 locations In effect, the rule codifies many of the "conditions" from the 80% SMYS MAOP special permits Notes: Requires investment in improved pipe technology to include additional design and construction considerations as well as rigorous lifecycle operations and maintenance. Operators must provide 180-day written notice to PHMSA Region about their intent to use alternate MAOP. Increases energy capacity while maintaining pipeline safety.

25 Polyamide -11 (PA-11) Plastic Pipe Design Pressures 49 CFR Part 192 PA-11 Final Rule: Published December 24, 2008 (effective Jan 24, 2009) Summary: Allows certain thermoplastic pipelines made from new Polyamide -11 (PA 11) pipe To be designed d using a higher h design factor of 0.40 To raise the design pressure limit to 200 psig Notes: Pressure limitations for all other thermoplastic pipes p such as PE- polyethylene, PB-polybutylene, PVC-polyvinyl chloride, etc. to remain unchanged. Allows some steel pipe subject to corrosion to be replaced by PA-11.

26 Administrative Procedures, Address Updates, and Technical Amendments 49 CFR Parts & 199 Final Rule: Published January 16, 2009 (effective Feb 17, 2009) (Interim Final Rule published March 28, 2008) Special Permits & Safety Orders Summary: established procedures PHMSA now follows to issue Safety Orders - new administrative (enforcement) tool that allows PHMSA to direct immediate remedial action without calling the facility hazardous Special Permit - explains procedures operators must follow to apply for a waiver of the federal pipeline safety regulations Notes: Notified operators about electronic docket information availability; updates addresses, phone numbers, routing symbols; and, clarified the time period for processing requests for written interpretations of the regulations.

27 Incorporation by Reference Update: API 5L and API CFR Parts 192 & 195 Final Rule: Published April 14, 2009 (effective April 14, 2009) (Direct Final Rule) API 1104 & API 5L Summary: Allows the use of more recent editions of API 5L "Specification for Line Pipe" - i.e. 44 th Edition of API 5L, which includes higher toughness standards, dimension tolerances, and more comprehensive inspection methods API 1104 "Welding of Pipelines and Related Facilities" i.e. 20 th Edition of API 1104, which contains more conservative acceptance criteria Notes: PHMSA did not eliminate the use of the current referenced standards but simply allows the use of the new standards.

28 Proposed Rulemakings Notices of Proposed Rulemaking (NPRM) Issued: Distribution Integrity Management (DIMP) Control Room Management/Human Factors (CRM) Updates to Pipeline & LNG Reporting Requirements ("One Rule") Periodic Updates of Regulatory References to Technical Standards& Misc. Edits NPRM - Should Be Out Soon: Low Stress - Phase 2 Enforcement of State Damage Prevention Laws

29 Integrity Management Program for Gas Distribution Pipelines (DIMP) 49 CFR Part 192 Current Status: t NPRM published June 25, 2008 Final rule expected to be published October 2009 DIMP Summary: Would require operators of gas distribution pipelines to Develop and implement a written integrity management (IM) program within 18 months after final rule is published Install Excess Flow Valves (EFVs) on new or replaced single-family residence service lines Notes: Focused on Damage Prevention and Leak Evaluation/Management: Formal Written Program Management Commitment & Support Defined Roles & Responsibilities Use of Industry Standards/Guidelines Long-term vs. Short-term Approach Monitoring Progress Periodic Evaluation & Improvement Management of Change Continuous Improvement

30 Control Room Management / Human Factors 49 CFR Parts 192, 193, 195 Current Status: NPRM published Sep 12, 2008 Final rule expected to be published November 2009 CRM Summary: Would require operators of hazardous liquid pipelines, p gas pipelines, p and LNG facilities to amend their existing written O&M procedures, OQ programs, and emergency plans to assure controllers and control room management practices and procedures used maintain pipeline safety and integrity. Notes: Results from PHMSA study of controllers and controller performance issues known as the Controller Certification Project (CCERT), an NTSB study, safety-related condition reports, operator visits, inspections, and inquiries. Focused on the following Identified Enhancement Areas: Controller Qualifications Fatigue Awareness & Mitigation Shift Changes SCADA Displays Role & Responsibilities Alarm Management Operating Experience & Training Change Management

31 Update to Pipeline and LNG Reporting Requirements 49 CFR Parts 191, 192, 193 & 195 Current Status: NPRM published July 2, 2009 (comments until Aug 31, 2009) Summary: "One Rule" Changes the definition of "incident" and establishes a "volumetric basis" for reporting unintentional gas loss Requires operators to use electronic reporting whenever possible Requires operators of LNG facilities to submit incident id and annual reports Creates National Registry of Pipeline and LNG Operators New standardized forms for Safety Related Condition Reports and Offshore Pipeline Condition Reports Merges natural gas transmission IM semi-annual reports with annual reports Modifies hazardous liquid operators telephonic reporting criteria requirements Requires hazardous liquid operators to submit data by State on annual reports

32 Periodic Updates of Regulatory References & Misc. Edits 49 CFR Parts 192, 193 & 195 Current Status: NPRM published July 22, 2009 (comments until Sep 21, 2009) Standards Summary: PHMSA's policy is to adopt voluntary consensus standards when they are applicable to pipeline design, construction, maintenance, inspection and repair. PHMSA retains ultimate responsibility for pipeline safety therefore: Some standards incorporated in whole Some standards incorporated in part Some standards not incorporated Notes: New standards incorporated include: API RP 5L1, Recommended d Practice for Railroad Transportation ti of Line Pipe API RP 5LW, Recommended Practice for Transportation of Line Pipe on Barges API 620, Design and Construction of Large, Welded, Low-Pressure Storage Tanks (Part 193 only) prior editions incorporated into Part 193 through h NFPA 59A

33 Hazardous Liquid Low-Stress Lines (Phase2) 49 CFR Part 195 Low Stress Phase 2 Current Status: Voluntary request for information published in Federal Register July 31, 2008 NPRM expected to be published by Spring 2009???? Summary: Would extend the regulation to those low stress pipelines not addressed in Phase 1, i.e., those less than 8 5/8 inches in diameter.

34 Enforcement of State Damage Prevention Laws 49 CFR Parts 192 & 195 Current Status: Advanced NPRM expected to be published Summer 2009 Excavation Enforcement Summary: Would allow PHMSA to conduct an enforcement proceeding for a violation of the pipeline safety regulations within the boundaries of a State that has inadequate regulations to protect safety consistent with the federal pipeline safety statutes. Notes: Complies with PIPE s Act 60114(f). PHMSA is required to develop rules, which must also include procedures for determining inadequate State enforcement of penalties.

35 OPS Initiatives

36 OPS Initiatives Performance Evaluation Group p( (PEG) Inspection Integration (II) Pipelines and Informed Planning Alliance (PIPA) Damage Prevention Assistance Program (DPAP)

37 Performance Evaluation Group (PEG) - equivalent to a private sector Business Intelligence Competency Center (BICC) OPS Initiatives Developing a Risk Management Model that would produce a probability bilit of a pipeline system to have an accident/incident t and to provide direction for pipeline safety inspections Monitoring PHMSA's Performance Using tools such as statistical benchmarking, risk surveys, best practices, etc. 0 Number of Accidents per 1,000 Miles Onshore Pipeline in an HCA FY2005 FY2006 FY2007 FY2008

38 Inspection Integration ti (II) Data-Driven Inspections Inspection flexibility in determining the scope, depth, and appropriate intervals between inspections Analyze and review the operator s entire safety program operator profile to be developed by PEG Design an Integrated Inspection based on specified findings operator screening Inspect the parts of an operator s program and pipeline system that need to be inspected, i.e. focused Inspections Inspect for specific threats or concerns, such as third party damage, corrosion, operator error or other focused concerns

39 Pipelines and Informed Planning Alliance (PIPA) Development in proximity to pipelines increases the likelihood of pipeline damage and serious incidents. Through PIPA, stakeholders are engaging to develop best practices for risk-informed property development and land uses along transmission pipeline Right-of-Ways.

40 Damage Prevention Assistance Program (DPAP) Strengthening State Damage Prevention Programs Pipeline Inspection, Protection, Enforcement and Safety (PIPES) Act of 2006 (nine elements) 1. Effective communication between operators and excavators from excavation notification to completion of excavation 2. Fostering support and partnership of all stakeholders 3. Operators use of performance measures for locators 4. Partnership in employee training 5. Partnership in public education 6. A dispute resolution process that defines the enforcement agency as a partner and facilitator 7. Fair and consistent t enforcement of the law 8. Use of technology to improve the locating process 9. Data analysis to continually improve program effectiveness

41 Recent Advisory Bulletins

42 Notice to Operators of Gas Transmission Pipelines on the Regulatory Status t of Direct Sales Pipelines ADB ADB (May 13, 2008) PIPES 2006 eliminated the exception of direct sales natural gas pipelines from the definition of an interstate gas pipeline facility. As a result, Direct sales gas transmission pipelines subject to the jurisdiction of FERC formerly considered to be intrastate pipelines for purposes of the pipeline safety laws are now defined as interstate pipelines. As interstate pipelines, direct sales pipelines are subject to the applicable Federal pipeline safety regulations and PHMSA is responsible for regulatory oversight and enforcement.

43 Issues Related to Mechanical Couplings Used in Natural Gas Distribution Systems ADB (March 4, 2008) ADB SUMMARY: Recent events concerning failures of mechanical couplings and related appurtenances have raised concerns about safety in natural gas distribution systems. Updates information provided d in Advisory Bulletin ADB Advises owners and operators of gas pipelines to consider the potential failure modes for mechanical couplings used for joining and pressure sealing two pipes together. Urges operators to review their procedures for using mechanical couplings and ensure coupling design, installation procedures, leak survey procedures, and personnel qualifications meet Federal requirements. Operators should work with Federal and State pipeline safety representatives, manufacturers, and industry partners to determine how best to resolve potential issues in their respective state or region.

44 Dangers of Abnormal Snow and Ice Build-Up on Gas Distribution ib ti Systems ADB ADB (March 10, 2008) SUMMARY: Recent events on natural gas distribution system facilities appear to be related to either the stress of snow and ice, or malfunction of pressure control equipment due to ice blockage of pressure control equipment vents by ice. This advisory bulletin advises owners and operators of gas pipelines of the need to take steps to prevent damage to pipeline facilities.

45 Installation of Excess Flow Valves into Gas Service Lines ADB ADB (June 5, 2008) Summary: PIPES Act of 2006 mandates that PHMSA require operators of natural gas distribution systems to install excess flow valves (EFV) on certain gas service lines. The statute directs the installation of EFVs on single family residence service lines that: Are installed or entirely replaced after June 1, 2008; Operate continuously throughout the year at a pressure not less than 10 psi gauge; Are not connected to a gas stream with respect to which the operator has had prior experience with contaminants the presence of which could interfere with the operation of an EFV, and For which an excess flow valve meeting the performance standards of 49 CFR is commercially available.

46 Notice to Hazardous Liquid Pipeline Operators of Request for Voluntary Advance Notification of Intent To Transport Biofuels ADB ADB (June 25, 2008) SUMMARY: PHMSA is requesting that any hazardous liquid pipeline p operator intending to transport ethanol, ethanol gasoline blends, or other biofuels by pipeline voluntarily provide us with advance notice of their intent to transport these fuels to facilitate cooperation in achieving safety. We request that any operator intending to field test transportation of biofuels by pipeline notify PHMSA of such testing in advance so that PHMSA can work with the operator to address any safety concerns that arise.

47 Dynamic Riser Inspection, Maintenance, and Monitoring Records on Offshore Floating Facilities ADB ADB (July 2, 2008) SUMMARY: PHMSA hazardous liquid and natural gas pipelines with dynamic risers, such as steel catenary risers on offshore floating production facilities, to 1. perform regular inspection and maintenance of these risers, 2. monitor nearby environmental conditions, and 3. maintain records of these activities. Failure of a dynamic riser could significantly impact safety, the environment, and delivery of an important source of natural gas and petroleum products used in the United States. PHMSA strongly urges operators to perform the above-listed actions and any other actions needed to ensure the safe and reliable operation of these systems.

48 National Pipeline Mapping System (NPMS) ADB ADB (July 31, 2008) SUMMARY: PHMSA Beginning on January 1, 2009, PHMSA is requesting esting that operators submit their NPMS data concurrently with hazardous liquid and gas transmission annual report submissions. Annual reports are due on March 15 each year for gas transmission & LNG June 15 each year for hazardous liquid operators

49 Proper Identification of Internal Corrosion Risk ADB ADB (Nov 24, 2008) SUMMARY: PHMSA reminds operators of their responsibilities under 49 CFR (a) and 49 CFR (c) with respect to the identification of circumstances under which the potential for internal corrosion must be investigated.

50 Potential Low and Variable Yield and Tensile Strength and Chemical Composition Properties in High Strength Line Pipe ADB ADB (May 21, 2009) SUMMARY: PHMSA advises pipeline system owners and operators of the potential for high grade line pipe installed on projects to exhibit inconsistent chemical and mechanical properties. Yield strength and tensile strength properties that do not meet the line pipe specification minimums have been reported. This advisory bulletin pertains to micro-alloyed high strength line pipe grades, generally Grade X 70 and above. PHMSA recently reviewed metallurgical testing results from several recent projects indicating pipe joints produced from plate or coil from the same heat may exhibit variable chemical and mechanical properties by as much as 15% lower than the strength values specified by the pipe manufacturer.

51 Thank You Questions

52 Byron Coy Contact Information Director, PHMSA Eastern Region, Trenton, NJ Alex Dankanich (CATS) Karen Gentile (CATS) Useful links: PHMSA website Stakeholder Communications Federal Govt. Docket System. Federal Regulations..