DOT vs PSM PIPELINES vs PEOPLE. Texas Gas Association 2016 Transmission Roundtable John A. Jacobi, P.E., J.D. November 2016

Transcription

1 DOT vs PSM PIPELINES vs PEOPLE Texas Gas Association 2016 Transmission Roundtable John A. Jacobi, P.E., J.D. November 2016

2 OUTLINE Introduction OSHA 29 CFR DOT 49 CFR Parts 192 and 195 MOU DOT/OSHA Similarities Differences PHMSA Position Oneok 2

3 THE $64 QUESTION: Which agency (DOT or OSHA) has jurisdiction over facilities like gas processing plants, refineries, compressor stations, manufacturing plants, storage tanks, etc.? Where does jurisdiction start and where does it end? 3

4 OSHA MISSION The Occupational Safety and Health Act of 1970 created the Occupational Safety and Health Administration (OSHA) to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance. Focus: Employee Safety 4

5 OSHA JURISDICTION Basic jurisdiction: workplace Section 4(b)(1) of the Occupational Safety and Health Act, 29 U.S.C. 653(b)(1), precludes OSHA from applying its standards to working conditions that are regulated by other federal agencies. This exemption applies only to specific "working conditions" that are subject to the worker safety or health regulations of other agencies. 5

6 DOT (PHMSA OPS) MISSION Ensuring the safe, reliable, and environmentally sound operations of our nation's pipeline transportation system. Translation: What's in the pipe stays in the pipe nobody gets hurt, nobody gets killed AND the environment is protected. Focus: Pipelines and Pipeline facilities 6

7 DOT/OSHA MOU 1972 (still in force) Practical effect: If PHMSA has anything that looks like a regulation, OSHA probably will not interfere. Examples of potential OSHA jurisdiction related to pipelines: Trenching Confined Space Entry Construction Pipeline operators still have to report OSHA Incidents (Form 300) 7

8 PSM 14 ELEMENTS 1. Process Safety Information 2. Process Hazard Analysis 3. Operating Procedures 4. Training 5. Contractors 6. Mechanical Integrity 7. Hot Work 8

9 PSM 14 ELEMENTS 8. Management of Change 9. Incident Investigation 10. Compliance Audits 11. Trade Secrets 12. Employee Participation 13. Pre-startup Safety Review 14. Emergency Planning and Response 9

10 SIMILARITIES 1. Operating Procedures 2. Training 3. Compliance Audits 4. Mechanical Integrity 5. Contractors 6. Emergency Planning and Response 10

11 DIFFERENCES Appendix A - List of Highly Hazardous Chemicals, Toxics and Reactives (Mandatory). No comparable list in Part 192 and Part PHMSA has regularly scheduled inspections. 3. OSHA typically inspects only incidents but inspects all non-excluded workplaces. 4. IBR Industry Standards vs Recognized and Generally Accepted Good Engineering Practices 5. Pit Bull vs Soccer Mom 11

12 PHMSA POSITION Presentation by Linda Daugherty PHMSA Deputy Associate Administrator for Field Operations To The PHMSA Gas Pipeline Advisory Committee August

13 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Processing Facilities and PHMSA Jurisdiction Midstream Regulatory Jurisdiction Linda Daugherty Dep. AA for Field Operations 1

14 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Need for a Work Group Regulatory oversight of midstream processing facilities (PHMSA or OSHA) Desire to create a working group of knowledgeable stakeholders to discuss the issues

15 Natural Gas Industry - From Well to House 3

16 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Processing Plants Processing can include: Treatment of H2S Dehydration (water removal) Separation of gas liquids from natural gas Removal of contaminates Etc. 4

17 PHMSA Jurisdiction OSHA Jurisdiction Storage Natural Gas Processing Natural Gas 5

18 PHMSA Jurisdiction OSHA Jurisdiction Storage Natural Gas Processing Natural Gas Liquids 6

19 PHMSA Jurisdiction OSHA Jurisdiction Storage Natural Gas Processing Processing Natural Gas Liquids 7

20 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Current Policy PHMSA supports a practice of no gaps/no overlaps. PHMSA has not changed its policy or inspection approach toward processing facilities. PHMSA has no interest in regulating processing units. OSHA regulates gas processing units. PHMSA and OSHA are in agreement on jurisdictional lines. Neither PHMSA or OSHA are limited by fence lines

21 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Going Forward PHMSA and OSHA want to better understand the concerns of the midstream companies. There may be issues we do not perceive but impact companies. Increasing number of processing facilities (due to shales) make it an important issue to resolve

22 ONEOK Natural gas liquids (NGLs) processing plant in Bushton, Kansas Associated underground storage Liquids can be processed at plant or can be passed through Part 195 N/A to any facilities are used exclusively for the production, refining, or manufacturing of NGLs, including any associated storage or in-plant piping. Part 195 does apply to any piping that can be used for pass-through or transportation to & from underground storage 22

23 QUESTIONS John Jacobi (713) (Office) (832) (Mobile) Thank YOU!! 23