Regulatory Review PHMSA Regulatory Update. Tom Finch Western Region CATS Manager

Transcription

1 Regulatory Review PHMSA Regulatory Update Tom Finch Western Region CATS Manager

2 Rulemaking Process ANPRM Advance Notice of Proposed Rulemaking Used to gather information (non-mandatory) NPRM Notice of Proposed Rulemaking Almost always required Defines intent and scope SNPRM Supplemental Notice of Proposed Rulemaking

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

4 Final Rule Amendment , August 11, 2010 Updates to Referenced Technical Standards and Miscellaneous Edits Updated some incorporated by reference documents Moved and added definitions Changes to Subpart F Joining by other than Welding Transmission repair procedures IM clarifications

5 Final Rule Amendment , November 25, 2010 Updates to Pipeline and LNG Reporting Requirements Incident definition IM reporting requirements Operator ID numbers

6 ANPRM August 25, 2011 Safety of Gas Transmission Pipelines Requested comments regarding some changes to Integrity Management (IM) requirements, including: HCA definitions ILI requirements Modifying repair criteria Proscriptive requirements for data integration

7 ANPRM November 25, 2011 Expanding the Use of Excess Flow Valves in Gas Distribution Systems to Applications Other Than Single- Family Residences Practicable to implement? Cost factors Use of technical standards and guidance for EFVs

8 NPRM November 29, 2011 Miscellaneous Changes to Pipeline Safety Regulations National Pipeline Mapping System Welding and Welding Operator Definitions Welding and welding operator procedures, qualifications and weld inspection and testing Plastic pipe qualifications (15 months) Construction inspection by person not involved in construction

9 NPRM November 29, 2011 Miscellaneous Changes to Pipeline Safety Regulations Changes to Subpart J, testing requirements Clarification of lateral definition for odorization requirements Alternate MAOP changes

10 NPRM April 2, 2012 Pipeline Damage Prevention Programs Establish criteria and procedures for determining the adequacy of state pipeline excavation damage prevention law enforcement programs Comments due by 7/9/12 Comments under review NPRM being developed

11 NPRM August 13, 2012 Proposed Changes to 190 Pipeline Safety Programs Changes include increases in both civil and criminal penalties, investigations, response options, hearings, addresses and contact information, and other administrative procedures.

12 December 5, 2012 Letter Director, Office of Secretary of Transportation, Office of Drug and Alcohol Policy and Compliance Department of Transportation State initiatives have no bearing on the Department of Transportation s regulated drug testing program. The Department of Transportation s Drug and Alcohol Testing Regulation 49 CFR Part 40 does not authorize the use of Schedule I drugs, including marijuana, for any reason

13 Notice January 28, 2013 Annual Reports, OpID Validation, and Supplemental Reports Changes to gas, hazardous liquid and LNG Annual Report Forms approved 12/5/12 Extending filing deadline to June 15, 2013 Online data entry enabled no later than March 1, 2013

14 Notice January 28, 2013 Annual Reports, OpID Validation, and Supplemental Reports 49 CFR and required operators to validate data on file with PHMSA by September 30, 2013

15 Notice, February 6, 2013 Revision to Annual Report for Hazardous Liquid Pipeline Systems Part 195 Comments submitted by April 6, 2013 Notice, February 13, 2013 Revision to Gas Distribution Annual Report Part 191 Comments submitted by April 15, 2013

16 Notice of Proposed Rulemaking August 1, 2013 Public comment on applying Class locations and IMP requirements beyond HCAs Add class locations Eliminate class locations and design factors Testing of transmission pipelines Repairs of transmission pipeline Comments under review

17 Final Rule issued January 5,2015 Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments Updated 21 editions of currently referenced standards in Parts 192, 193, and 195 Changing IBR from table to list Miscellaneous edits to address changes

18 Notice of Proposed Rulemaking August 16, 2013 Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments New standard API RP 5LT Recommended Practice for Truck Transportation of Line Pipe (first edition) New Standard ASTM D a except for Section 4.2 which addresses reworked material

19 Notice of Proposed Rulemaking August 16, 2013 Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments Not incorporating by reference: API RP 1162 Public Awareness (2nd edition), but leaving as 1 st edition API Standard Tank Inspection (4th edition), but leaving as 3rd edition

20 Notice of Proposed Rulemaking August 16, 2013 Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments Removing (a)(1)(i) referring to Paragraph 8.9 of ASTM D

21 Notice of Proposed Rulemaking August 16, 2013 Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments Clarify (l) to specify records for IM compliance must be maintained for the useful life of the pipe

22 Final Rule January 5, 2015 Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments Removing because of conflict between Part 199 and 49 CFR Part 40 Adequately covered by 49 CFR Part 40

23 Notice September 12, 2013 Extension of comment period for integrity verification process (IVP) (gas transmission)

24 Notice September 18, 2013 Request for comments National Pipeline Mapping System (NPMS) submittals required by all operators (except distribution) Comments by October 18, 2013

25 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

26 Notice November 27, 2013 Random drug rate to remain at 25% for calendar year 2014 and now positive drug test rate was <1% Reminder to submit information through PHMSA portal

27 Notice March 25, 2014 Public Workshop on Class Location Methodology Present perspectives and seek comment on whether applying the gas pipeline integrity management (IM) requirements beyond high consequence areas would mitigate the need for class location requirements Working on report to Congress

28 Notice April 1, 2014 Revision to Operator Registry Comments on proposed revision of two forms, PHMSA F OPID Assignment Request and PHMSA F Operator Registry Notification

29 Notice April 1, 2014 Revision to Operator Registry PHMSA F OPID Assignment Request Align information on all gas distribution and transmission forms(annual, incident) Miles of pipeline by state Clarify ownership relationships Cell number

30 Notice April 1, 2014 Revision to Operator Registry PHMSA F Operator Registry Notification Revise instruction for clarity Align commodity choices Adding construction notification choices

31 Notice April 28, 2014 Revision to Distribution Annual Report Minor changes to the report Commodity transported i.e. landfill, hydrogen, propane, natural gas, other (chlorine) Operator type i.e. investor, municipally, privately owned, other Additional material types Revision of leak causes and adding categories to excavation damage Comments were due June 27, 2014

32 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 Addressed National Transportation Safety Board recommendations resulting from recent pipeline incidents

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

34 Reauthorization Automatic / Remote Shut Off Valve Regulations to require these valves for new (or replaced) transmission lines by Study completed October, 2012 Available at: oadablefiles/files/press%20release%20files/fin al%20valve_study.pdf or primis.phmsa.dot.gov/meetings/dochome.mtg? Mtg=80

35 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. Findings / future rulemaking?

36 Reauthorization Leak Detection (Liquids) Study Completed 77C7A89CAA18E E3DB9C /filenam e/leak%20detection%20study.pdf Evaluation of limitations of current technology. Establish standards for capabilities of leak detection systems? Findings / future rulemaking?

37 Reauthorization Accident and Incident Notification Post discovery, one hour maximum time to notify NRC. (ADB ) Study of Transportation of Diluted Bitumen - Report completed Excess Flow Valves NTSB recommendation. Regulations for multi-family dwellings?

38 Reauthorization Cover Over Buried Pipelines (Liquids) Study of accidents at inland water body crossings. Report submitted 2013 to include evaluation of depth of cover as a contributing factor. Findings / legislative recommendations? ADB

39 Reauthorization MAOP Records Verification (ADB and ADB ) Complete by mid 2012 for Class 3 & 4 locations and Class 1 & 2 HCA s. Identify all pipelines with insufficient records by mid Regulations for confirmation of material strength of transmission lines located in HCA s

40 Reauthorization MAOP exceedances Section 23 For gas transmission pipelines, if the MAOP exceeds the build-up allowed for operation of pressure-limiting or control devices, the owner or operator shall report the exceedance to the Secretary and appropriate State authorities on or before the 5th day following the date on which the exceedance occurs. (ADB )

41 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

42 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)

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

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

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

47 PHMSA Information Websites PHMSA Training and Qualification PHMSA Pipeline Safety Regulations PHMSA Rulemaking making

48 PHMSA Rule Update

49 Advisory Bulletin No. ADB Issued May 6, 2014 Pipeline Safety: Natural Gas and HL Pipeline Operators Lessons Learned From the Release at Marshall, Michigan To inform all pipeline owners and operators of the deficiencies identified in Enbridge's integrity management (IM) program that contributed to the release of hazardous liquid near Marshall, Michigan, on July 25, 2010.

50 Advisory Bulletin No. ADB Issued May 6, 2014 Continued Pipeline owners and operators are encouraged to review their IM programs for similar deficiencies and take corrective action. Operators should also consider training their control room staff as teams to recognize and respond to emergencies or unexpected conditions. The advisory encourages operators to evaluate their leak detection capabilities to ensure adequate leak detection coverage during transient operations and assess the performance of their leak detection systems following a product release to identify and implement improvements as appropriate.

51 Advisory Bulletin No. ADB Issued May 6, 2014 Continued Additionally, operators are encouraged to review the effectiveness of their public awareness programs and whether local emergency response teams are adequately prepared to identify and respond to early indications of ruptures. Finally, this advisory reminds all pipeline owners and operators to review NTSB recommendations following accident investigations. Owners and operators should evaluate and implement recommendations that are applicable to their programs.

52 Advisory Bulletin No. ADB Issued September 12, 2014 Pipeline Safety: Natural Gas and HL Pipeline Operators Notification(s) Required Prior to Certain Construction-Related Events PHMSA needs to be aware of certain construction-related events to have sufficient time to schedule reviews of pipeline construction plans and inspections. Timely construction plan reviews and inspections could help operators avoid costly modifications, repairs and/or additions to achieve compliance with the regulations. PHMSA strongly encourages operators to provide constructionrelated notification(s) not later than 60 days prior to whichever occurs first: Material purchasing and manufacturing; right-of-way acquisition; construction equipment move-in activities; onsite or offsite fabrications; or right-of-way clearing, grading and ditching.

53 Advisory Bulletin No. ADB Issued September 12, 2014 Pipeline Safety: Natural Gas and HL Pipeline Operators Notification(s) Required Prior to Certain Construction-Related Events PHMSA also strongly encourages operators to provide notification(s) for the construction of 10 or more miles of a new pipeline for a pipeline that: (1) Did not previously exist; and (2) for the replacement of 10 or more contiguous miles of line pipe in an existing pipeline. Construction or any planned rehabilitation, replacement, modification, upgrade, uprate, or update of a facility, other than a section of line pipe, that costs $10 million or more.

54 Advisory Bulletin No. ADB Issued September 18, 2014 Pipeline Safety: Natural Gas and HL Pipeline Operators Guidance for Pipeline Flow Reversals, Product Changes and Conversion to Service PHMSA is alerting operators of the potential significant impact flow reversals, product changes and conversion to service may have on the integrity of a pipeline. Failures on natural gas transmission and hazardous liquid pipelines have occurred after these operational changes. Describes specific notification requirements and general operating and maintenance (O&M) and integrity management actions regarding flow reversals, product changes and conversion to service. Recommends additional actions operators should take when these operational changes are made including the submission of a comprehensive written plan to the appropriate PHMSA regional office regarding these changes prior to implementation.

55 Advisory Bulletin No. ADB Issued October 15, 2014 Pipeline Safety: Natural Gas and HL Pipeline Operators Guidance for Strengthening Pipeline Safety Through Rigorous Program Evaluation and Meaningful Metrics. PHMSA is informing operators that they have developed guidance on the elements and characteristics of a mature IM program evaluation process using meaningful metrics. The guidance document titled Guidance for Strengthening Pipeline Safety Through Rigorous Program Evaluation and Meaningful Metrics, is available on PHMSA's public Web site at e/regulations/impeg.pdf and should be used when operators develop and perform IM program evaluations. The guidance document provides additional specificity to several of the topics detailed in a previously issued Advisory Bulletin, ADB , Using Meaningful Metrics in Conducting Integrity Management Program Evaluations.

56 Advisory Bulletin No. ADB Issued October 15, 2014 Pipeline Safety: Natural Gas and HL Pipeline Operators Guidance for Strengthening Pipeline Safety Through Rigorous Program Evaluation and Meaningful Metrics Operators are required to perform program evaluations and use meaningful metrics. The guidance builds on existing standards and regulations to provide a more detailed and comprehensive description of the steps involved in program evaluations as well as the selection of meaningful performance metrics to support these evaluations and clarifies PHMSA's expectations for operator processes when measuring IM program effectiveness. PHMSA inspectors will use the program evaluation guidance within the guidance document as criteria when evaluating the effectiveness of operator IM program evaluations to assure operators are developing sound program evaluation processes and are developing and applying a robust and meaningful set of performance metrics in their program evaluations.

57 Final Rule Issued January 5, CFR Part 192, 193, 195, and 199 Docket ID: PHMSA Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments PHMSA is amending the pipeline safety regulations to incorporate by reference (IBR) all or parts of new, updated, or reaffirmed editions of voluntary consensus standards that are available on the Internet, free-of-charge, to the public. PHMSA is also making non-substantive edits and to clarify regulatory language in certain provisions. These proposed changes are relatively minor, and will not require pipeline operators to undertake any significant new pipeline safety initiatives. (Removal of which conflicts with CFR Part 40, changing title of welder to welder operator, etc.)

58 Final Rule Issued January 5, CFR Part 192, 193, 195, and 199 Docket ID: PHMSA Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments New Standards Incorporated by Reference (Fully or Partially) API RP 5LT, Recommended Practice for Truck Transportation of Line Pipe (First edition) (March 1, 2012). (API RP 5LT) - Referenced in and ASTM D a, Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings, (December 1, 2009), (except section 4.2 pertaining to rework material) (ASTM D2513) - Referenced in (d); (a); (e); (b); (b); (a); Item 1, Appendix B to Part 192. Changes include a new requirement for outdoor storage of PE pipe, three years for yellow pipe and 10 years for black pipe; new high performance PE pipe material designation codes, with increased long-term performance requirements; and more stringent requirements for use of rework material in PE gas pipe.

59 Final Rule Issued January 5, CFR Part 192, 193, 195, and 199 Docket ID: PHMSA Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments New Standards Incorporated by Reference (Fully or Partially) PHMSA proposes for other non-pe plastic materials to continue to reference the ASTM D (for only, marking of materials) and ASTM D (except section 4.2 pertaining to rework material) for (d); (b); (b)(2); (a)(1)(i); and Item 1, Appendix B to Part 192).

60 Final Rule Issued January 5, CFR Part 192, 193, 195, and 199 Docket ID: PHMSA Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments Updated Editions Not To Be Incorporated by Reference API Recommended Practice 1162, Public Awareness Programs for Pipeline Operators, (2 nd edition) API Standard 653, Tank Inspection, Repair, Alteration, and Reconstruction (4 th edition) and Addendum (2010)

61 Final Rule Issued March 26, CFR Part 191, 192, 195, 198 Docket ID: PHMSA Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations PHMSA is making miscellaneous changes to the pipeline safety regulations that are relatively minor, will impose minimal (if any) burden, and will clarify the existing regulations. Issues addressed: Responsibility to Conduct Construction Inspections Leak Surveys for Type B Gathering Lines Qualifying Plastic Pipe Joiners Mill Hydrostatic Tests for Pipe to Operate at Alternative MAOP

62 Final Rule Issued March 26, CFR Part 191, 192, 195, 198 Docket ID: PHMSA Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations Issues addressed: Regulating the Transportation of Ethanol by Pipeline Limitation of Indirect Costs in State Grants, Transportation of Pipe, Threading Copper Pipe Offshore Pipeline Condition Reports, Calculating Pressure Reductions for Hazardous Liquid Pipeline Integrity Anomalies Testing Components other than Pipe Installed in Low- Pressure Gas Pipelines Alternative MAOP Notifications

63 Final Rule Issued March 21, CFR Part 191, 192, 195, 198 Docket ID: PHMSA Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations Issues addressed: National Pipeline Mapping System Welders vs. Welding Operators Components Fabricated by Welding Odorization of Gas Editorial Amendments (Effective Date: October 1, 2015)

64 Current Rulemakings in Process Excavation Damage Prevention Final Rule moved past PHMSA Adv. Committee approval vote December 2012 NPRM published 4/2/2012 Major Topic Enforce damage protection laws in States that have inadequate enforcement to protect safety. Complies with PIPE s Act 60114(f).

65 Current Rulemakings in Process EFV Expansion beyond Single Family Residences NPRM moved past DOT ANPRM published 11/25/2011 Major Topics under consideration: Rule will propose to require EFVs for: branched service lines serving more than one single family residence multi-family residential dwellings commercial buildings

66 Current Rulemakings in Process Operator Qualification, Cost Recovery and Other Pipeline Safety Proposed Changes NPRM moved past PHMSA This rule will address issues related to: Operator Qualification for new construction Incident Reporting Cost Recovery Renewal process for special permits Other issues to be determined

67 Current Rulemakings in Process Rupture Detection and Valve Rule (NPRM stage) Will establish and define rupture detection and response time metrics including the integration of Automatic Shutoff Valves (ASV) and Remote Control Valve (RCV) placement, with the objective of improving overall incident response. This rule responds to: Requirements of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (The Act): Section 4: Auto Safety Valve/Remote Control Valve or equivalent technology be installed on newly constructed or entirely replaced natural gas and hazardous liquid transmission pipelines 2 years after the act was issued

68 Current Rulemakings in Process Rupture Detection and Valve Rule (NPRM stage) Section 8: Require operators of hazardous liquid pipeline facilities to use leak detection systems and establish standards for their use. NTSB Recommendation P (gas) which requires transmission and distribution operators to equip SCADA systems with tools to assist with recognizing and pinpointing leaks.

69 Notice Concerning Required Reporting to the National Response Center (NRC) The National Response Center (operated by the US Coast Guard) has taken down it s online reporting webpages. All required reports must be reported to the NRC by phone until further notice. NRC Phone Number: In Washington, DC: (202)

70 Information Websites PHMSA Inspector Training and Qualifications PHMSA Pipeline Safety Regulations PHMSA Rulemaking PHMSA Inspector Enforcement Guidance

71 PHMSA is Hiring! PHMSA s FY15 budget appropriated 100+ new positions. Typical jobs include professional, engineering, or scientific occupations like General Engineers, Accident/ Incident Investigators, and Transportation Specialists; Human Resources Specialists, Budget Analysts, and other administrative or management-related occupations; and technical support, including GIS Specialists, Data Analysts, and IT Specialists Work at our Washington, D.C., headquarters or one of five regional offices across the country Sign up for job alerts, view current job openings, and find out how to apply at: LinkedIn: Pipeline-and-Hazardous-Materials-Safety-Administration Twitter: PHMSA_DOT YouTube: PHMSADOT

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73 PHMSA Western Region CATS Contact Information Tom Finch: Phone: (720) Dave Mulligan: Phone: (720)

74 Questions? Thank You!