Pipeline Safety Damage Prevention Programs

1. Pipeline Safety Damage Prevention Programs Christie Murray Senior Program Manager U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration

2. Overview • PIPA • Public Awareness • Damage Prevention Programs • State Characterization Tool • State DP Laws Summary • DP NPRM • Other Initiatives

3. How are “we” doing on pipeline safety? • Making tremendous progress through shared responsibility and shared action • Educating the public • Reducing incidents • Incidents/accidents remind us continuous improvement is essential • Still more work to be done…to improve pipeline safety

4. Pipelines and Informed Planning Alliance (PIPA) Growth along a pipeline in Washington State… 1990 2002

5. Intent of PIPA • Encourage risk informed land use planning, not setbacks • Recommend taking the opportunity to develop a good relationship with those around and who make decisions around the ROW and beyond • Consider how easements may impact businesses and landowners in the future • www.PIPA-Info.com

6. Outreach Guiding Principles • Focus on local governments • Speak in local government terminology • Utilize existing, authoritative, trusted communication channels • Develop a sustainable path • Recognize the long-term, evolutionary process of planning • Implement actionable, short-term tasks • Build pipeline awareness • Foster government/operator/regulator relationships

7. Pipeline Operators Can Support PIPA • Evaluate your practices vs. PIPA recommended practices • Develop plan to implement appropriate PIPA RPs • Gap Analysis (Operator Worksheet Tool) • Partner with local governments to review the existing pipeline ROW for emergency response needs • Use the PIPA Checklist and Operator Planning Worksheets • Encourage local governments to use NPMS • Participate in state and local emergency management hazard mitigation planning process • Include PIPA as part of your public awareness program • Add the PIPA logo to your company website

8. PIPA Online Resources www.PIPA-info.com

9. Public AwarenessInspection Observations • Taking steps to improve public awareness implementation: • Leveraging technology (portals, Internet) • Engaging field employees for outreach • Implementing creative supplemental activities (i.e.) • Messages in multiple languages • Emergency # translates to other languages (Spanish, French, Japanese, Russian, Korean, Arabic, etc) • 24 hour public awareness phone # • Agricultural mailings • Evaluating programs for ways to continuously improve

10. Public AwarenessInspection Observations • Future opportunities: • Improve stakeholder identification processes/oversight • Improve handling of undelivered/returned mail • Analyzing stakeholder lists for trends • Find out what information ER officials need/face to face? • Including metrics to assess program performance in written plan • Engaging in PIPA discussions with local public officials

11. Balancing MessagesWhat Makes Sense? Collaborative ? ? ? Operator Specific Educating Stakeholders on pipeline safety

12. Public Awareness Next Steps • Planning a Public Awareness Workshop: • 1st Qtr 2013 (Date & Location TBD) • Would like to co-sponsor with NAPSR • Bringing stakeholders together • Inspection Analysis • Advancing Public Awareness (improvements) • Identify recommendations after workshop for changes to: • Federal regulations • API RP 1162

13. For More Information https://primis.phmsa.dot.gov/comm/

14. Damage Prevention Initiatives • State Characterizations based on nine DP elements • State Damage Prevention Laws • DP Enforcement Rule • SDP Grants • Other DP Initiatives

15. Characterization Tool – Round 2Nine Elements • Designed to understand where states stand with respect to the Nine Elements of an effective damage prevention program • Same approach, slightly different scoring • Many questioned have been revised • In many cases, questions if requirements are in laws • Results will be tabulated and displayed in a similar manner to existing results page • States are taking steps to strengthen their programs and as a result these program characterizations may change from time to time.

17. State Damage Prevention Laws Summary • PHMSA need for information about state one call laws, regulations • Notice requirements, reporting requirements, enforcement, exemptions, etc. • Others with similar need, some additional info sought • Positive response, whitelining, locatable facilities, abandoned facilities… • Publicly available, downloadable formats needed

18. http://primis.phmsa.dot.gov/comm/DamagePrevention.htm

19. Existing PHMSA Damage Prevention Regs PHMSA regulations currently require pipeline operators – and their contractors – to have and follow written damage prevention programs Operators must have written damage prevention programs, be members of one-calls, locate and mark pipelines when in receipt of excavation notification, and monitor/inspect pipelines during and after excavation activity as necessary Operators face civil penalties for non-compliance

20. DP Regulation NPRM • Title: “Pipeline Damage Prevention Programs” • Docket No. PHMSA-2009-0192, www.regulations.gov • PHMSA video on the NPRM: • http://www.phmsa.dot.gov/pipeline/regs • ACTION: Comments are invited and encouraged • Comment period extended to July 9, 2012 • Federal eRulemaking Portal: www.regulations.gov; Fax: 202-493-2251; Mail; Hand delivery (see the NPRM) • Final rule in Summer 2013?

21. Intent of the DP Reg NPRM • Every state has an excavation damage prevention law, but no two laws are identical (see http://primis.phmsa.dot.gov/comm/DamagePrevention.htm) • Some states do not adequately enforce their damage prevention laws • Effective enforcement reduces excavation damage rates The proposed rule is intended to accomplish the following: • Reduce excavation damage to pipelines • Encourage states to adopt effective, balanced damage prevention law enforcement programs • Provide “backstop” Federal enforcement authority in states that lack adequate enforcement programs

22. PIPES Act Requirements At a minimum, PIPES Act requires excavators to: • Use a One Call system before excavating • Regard the location information or markings established by a pipeline facility operator • An excavator who causes damage to a pipeline facility that may endanger life or cause serious bodily harm or damage to property: • Must promptly report the damage to the owner or operator of the facility; and • If the damage results in the escape of any flammable, toxic, or corrosive gas or liquid, the excavator: • Must promptly report to other appropriate authorities by calling 911

23. Other DP Efforts • State Damage Prevention Grants • Incident/leak/damage data • Emergency Responder outreach • Meetings with trade associations • Presentations at events, participation in stakeholder meetings, provide letters, SERVE AS RESOURCE TO STATES • Reauthorization • Exemption study to be completed in two years • Eliminates grant funding for states with certain exemptions

24. Pipeline Safety is a Journey…

25. Thank You!Contact Information Christie MurraySenior Program Manager(202) 366-4996 Christie.murray@dot.gov