Transcript Annmarie Robertson, PHMSA

U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Damage Prevention
PHMSA Update
Annmarie Robertson
PHMSA/Office of Pipeline Safety
317-253-1622
[email protected]
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Excavation damage: what we
know
• Excavation damage is a serious threat to public
safety and pipeline integrity
• Data indicates overall decrease in incidents
caused by excavation damage as well as gas
distribution incidents
• Excavation damage is largely preventable
• We can do more
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Excavation Damage: Pipeline Incidents Past
20 Years
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Pipeline Incidents – past 3 years
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Gas Distribution incidents:
2005 –2009 (significant)
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Damage Prevention: PHMSA’s View
• A shared responsibility
• Pipelines are critical infrastructure that are
essential to our way of life. They also carry
hazardous materials that pose risks to people and
the environment.
• Damage prevention is a multi-faceted issue
• Damage prevention programs vary from state to
state
• Guiding principles found in 9 Elements
– Cited in 2006 PIPES Act
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Damage Prevention: What we’re
doing
• Tools - for PHMSA as well as for state
stakeholders (laws, data, status of state
programs, grant projects, etc.)
• State/local outreach: meetings, letters of
support, teleconferences, support of 811, sharing
of information
• Partnerships: States, Common Ground Alliance,
Public, Trade Associations, Safety Organizations
• Rulemaking – enforcement
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Nine Elements: What are they?
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 enforcement of the law
8.
Use of technology to improve damage prevention
processes
9.
Data analysis to continually improve program
effectiveness
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Nine Elements: Where do we stand?
• PHMSA’s goal is to understand state damage
prevention programs, foster improvement at
state level
• PHMSA needs clear documentation of state
programs to explain funding decisions and to
show progress over time
• Characterization Tool project
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
PHMSA DP Efforts: Nine Element
Characterization Tool
•
What is the Characterization Tool?
– Fall, 2009 – Spring, 2010: Questions for
states concerning damage prevention program
– Discussions with stakeholders in each state
– Consumer-reports style depiction of results
• Goal: Understanding state damage prevention
programs, share results, foster improvement at
state level
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Characterization Tool Results
http://primis.phmsa.dot.gov/comm/sdppc.htm
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
CT Results – Element 7
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Characterization Tool –Seeking
Feedback
• Initial results based on conversations with
pipeline safety and one-call representatives only
• PHMSA seeking feedback on results from other
damage prevention stakeholders
• Feedback will be routed to PHMSA and will be
distributed to states
• Characterization Tool results on website subject
to change based on feedback and discussion
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Characterization Tool
• Lessons learned from Characterization Tool
project:
– Results varied based on participants’ approach
– Six interviewers
– Overall positive response to initiative
– There is perceived value in keeping
information current
• Options for path forward: Updates submitted
by states, periodic PHMSA outreach? Other?
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
PHMSA DP Efforts: Enforcement
• PHMSA has existing enforcement authority over
pipeline operators and their contractors
• Section 2 of the PIPES Act of 2006:
– Conveys authority to take enforcement action
against excavators who fail to comply with One
Call laws and damage a pipeline facility
– Enforcement authority is limited – only can be
used in states without adequate enforcement
• Intent is to incentivize States to adopt/use
enforcement authority
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Federal Damage
Prevention Enforcement
PHMSA must:
• Establish procedures for determining whether
a State’s enforcement program is inadequate
• Establish administrative procedures for the
State to contest a notice of inadequacy
• Establish minimum Federal standards for
excavators that PHMSA would enforce in a
State found to be inadequate
• Establish adjudication process when excavator
is cited by PHMSA
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
10/29/2009: PHMSA Issued ANPRM
• ANPRM = Advance Notice of Proposed
Rulemaking Soliciting feedback
– Criteria for determining if a state’s enforcement of
damage prevention laws is adequate
– Process for determining if a state’s enforcement of
damage prevention laws is adequate
– Standards to be used in federal enforcement in states
with inadequate enforcement program
– Process for enforcement actions
– Goal is to minimize need for federal enforcement
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Common Comments to ANPRM
• Keep it simple
– Clearly define what is expected of state
enforcement programs to be considered
adequate
– Minimize exemptions
– Enforcement must be balanced – excavators as
well as facility owners must be accountable
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Enforcement – Next steps
• http://www.regulations.gov, Docket ID
PHMSA-2009-0192
• PHMSA evaluating comments (MANY) on
ANPRM and will publish an NPRM late 2010
• Publication of Final Rule, implementation
of program
• Ex Parte rules prohibit discussion of NPRM
details
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
PHMSA’s DP Efforts: Damage
Prevention Grants
• State Damage Prevention
• One Call Grants
• Technical Assistance Grants also may be damage
prevention-focused
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
State Damage Prevention Grants
• Eligibility:
— Any State authority
— State must have pipeline safety program pursuant to an
annual 49 U.S.C. §60105 certification or 49 U.S.C.
§60106 agreement in effect with PHMSA
— Written designation by the Governor
• Funding:
— $1.5M annual budget, $100K maximum award
• Program is to help states align with the Nine Elements
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Grant Program Information
• SDP: –project progress reports, along with
contacts for questions concerning
awards/projects can be found at
• http://primis.phmsa.dot.gov/
• One Call Grant program info also available on this
site
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Stakeholder Communications Home Page
http://primis.phmsa.dot.gov/comm
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Damage Prevention Page
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
SDP Grant info page
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Coming Soon: Laws and Rules
• Analysis of state laws/rules recently completed –
currently being vetted
– 56 fields: Tolerance zone, ticket life, positive
response, whitelining, design ticket, locatable
facilities, etc.
• Review of gas distribution operator leak data:
– In early stages
– 90,000 leaks per year repaired that are
caused by excavation (five-year data)
– Trending downward
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Summary
• Excavation damage to pipelines remain a
National safety and economic concern
• Comprehensive state damage prevention
programs, including effective enforcement, are
critical to reducing risks to pipelines.
• PHMSA is addressing damage prevention through
many initiatives, including fiscal support to states
• For more info, please visit web site
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Thank You
Annmarie Robertson
317-253-1622
[email protected]
PHMSA Stakeholder Communications web site:
http://primis.phmsa.dot.gov/comm
Common Ground Alliance:
www.commongroundalliance.com
811 materials:
www.call811.com