DOT Pipeline Compliance News
December 2008 Edition

DOT Pipeline Compliance Workshop - February 25 & 26, 2009
Back to Top

RCP will be hosting our very popular 2-day workshop on DOT Pipeline Compliance on February 25 & 26, 2009, in Houston, TX. Join us for an informative, lively, and interactive workshop on DOT Pipeline Compliance.

Day 1 (February 25): Gas Pipeline Regulations (49CFR192): Covering all the topics below but special emphasis will be placed on the changes in **GAS GATHERING** regulations.

Day 2 (February 26): Liquid Pipeline Regulations (49CFR195)

Each day of the workshop will address the following issues as they specifically relate to either Gas or Hazardous Liquid pipelines:

• PHMSA Overview
• PHMSA Jurisdictional Boundaries
• Production / Gathering / Transmission
• Onshore / Inlets to the Gulf of Mexico / Offshore
• Compliance Requirements:
• Design
• Construction
• Operation
• Maintenance
• Corrosion
• Testing
• Integrity Management
• Operator Qualification
• Emergency Response
• Reporting
• New/Proposed Regulations - including liquid rural low stress and new gas production pipeline rules in Texas and other states.

For additional information go to our website here.

Save the Dates!

Delay of Effective Date for MAOP Rule Changes
[Docket No. PHMSA-2005-23447]
Back to Top

On October 17, 2008, the Department of Transportation / Pipeline Hazardous Materials Safety Administration (PHMSA) issued a final rule amending the Pipeline Safety Regulations to increase the regulatory maximum allowable operating pressure (MAOP) for certain gas transmission pipelines. (See related article in the November 2008 Edition of the DOT Pipeline Compliance News.) The original effective date of November 17, 2008 has been delayed to December 22, 2008.

Because the final rule is a major rule within the meaning of the Congressional Review Act, the effective date must be delayed until 60 days after publication in the Federal Register or transmission to Congress, whichever is later. The final rule was transmitted to Congress on October 22, 2008. Accordingly, PHMSA is delaying the rule’s effective date until December 22, 2008.

MAOP Analysis Model

Are you familiar with our Maximum Allowable Operating Pressure (MAOP) Analysis Model? Changes to MAOP can have a direct impact to the bottom line. Many companies are finding that changes to the pipeline that have occurred over years significantly impact the calculated MAOP value. We can input the data including pressure test records, construction design records, and repair records to derive an accurate MAOP for your current system. The model also allows you to review the impact on MAOP of proposed changes to the pipeline before they happen. For more information, contact Jessica Roger.

PHMSA Liquid Pipeline Internal Corrosion Advisory Bulletin
ADB-08-08
Back to Top

On November 17, 2008, The Department of Transportation / Pipeline Hazardous Materials Safety Administration (PHMSA) issued Advisory Bulletin 08-08 (ADB-08-08) to hazardous liquid pipeline operators. The preamble to the bulletin also stated that PHMSA will conduct a workshop on internal corrosion on hazardous liquid pipelines in the first quarter of 2009. Information on this workshop will be posted on the PHMSA Web site.

PHMSA is advising operators of hazardous liquid transmission pipelines to review and analyze the following risk factors to determine if the commodity transported could corrode the pipeline:

• Type of commodity;
• Flow rate;
• Velocity;
• Operating Pressure;
• Topography;
• Amount of foreign material and/or contaminants present in the pipeline and/or commodity stream such as sand, silt, water, or other materials that could cause or promote internal corrosion;
• Amount of sulfur, salts, acids, hydrogen sulfide, carbon dioxide or other corrosive material present and corrosive effect based upon partial pressures of material in the pipeline;
• Presence of microbes;
• Temperature;
• Pipe configuration, design, and material specifications;
• Operating conditions, including but not limited to, steady state conditions, slack line conditions, upset conditions in the pipeline system, and upset conditions in upstream facilities such as refineries or processing facilities; and
• Any other circumstance or condition that could cause, promote, or increase the likelihood of internal corrosion.

Integrity Management Services

RCP can assist pipeline operators with ongoing compliance management and engineering associated with your IMP. This includes direct assessment strategies, tool and vendor selection, ILI/ECDA report analysis, corrosion control programs, repair strategies, and IMP/risk model updates. For more information on how RCP can support your ongoing IMP needs, click here.

PHMSA Extends Comment Period on Draft Report on Mechanical Damage to Pipelines
Back to Top

The Department of Transportation / Pipeline Hazardous Materials Safety Administration (PHMSA) issued a draft report on mechanical damage to pipelines. The study is a compilation of industry practices and also captures what is being done in the way of damage prevention. The study is a culmination of a public workshop on mechanical damage that was conducted by PHMSA in early 2006. PHMSA has extended the comment period from November 14 until January 15, 2009. Comments can still be submitted to: cmayernik@mbakercorp.com.

EPA Revision to the Regulatory Definition of "Navigable Waters"
[Docket ID No. EPA-HQ-OPA-2008-0569]
Back to Top

The Environmental Protection Agency (EPA) has promulgated a final rule to amend a Clean Water Act (CWA) section 311 regulation that defines the term "navigable waters." This final rule restores the 1973 SPCC rule definition of "navigable waters", as required by a recent court decision, and replaces the definition that the EPA promulgated in 2002. The final rule amends 40 CFR § 112.2 by revising the definition of "navigable waters" to read as follows:

§ 112.2 Definitions. Navigable waters of the United States means "navigable waters" as defined in section 502(7) of the FWPCA, and includes:

• All navigable waters of the United States, as defined in judicial decisions prior to passage of the 1972 Amendments to the FWPCA (Pub. L. 92-500), and tributaries of such waters;
• Interstate waters;
• Intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes; and
• Intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce.

EPA Proposal to Amend and Extend SPCC Compliance Dates
[EPA-HQ-OPA-2008-0546; FRL-8745-9]
Back to Top

The Environmental Protection Agency (EPA) has proposed to amend the dates by which facilities must prepare or amend Spill Prevention, Control, and Countermeasure (SPCC) Plans, and implement those Plans. This proposed rule would amend the dates in § 112.3(a), (b) and (c) by which facilities must prepare or amend their SPCC Plans, and implement those Plans to establish a date one year from promulgation of the final rule amending 40 CFR part 112. Two different extension dates are also proposed for farms and production facilities that meet the qualified facilities criteria in § 112.3(g). Qualified facilities that are farms or production facilities would have two or five years respectively from promulgation of the final rule amending 40 CFR part 112 published elsewhere in this Federal Register.

Under the proposed revision to § 112.3(a)(1), the owner or operator of a facility that was in operation on or before August 16, 2002 would be required to make any necessary amendments to its SPCC Plan and fully implement it by November 20, 2009, while the owner or operator of a facility that came into operation after August 16, 2002, but before November 20, 2009, would be required to prepare and fully implement an SPCC Plan on or before November 20, 2009.

Under the proposed revision to § 112.3(b)(1), the owner or operator of a facility that becomes operational after November 20, 2009 would be required to prepare and implement an SPCC Plan before beginning operations. This rule similarly proposes to extend the compliance date in § 112.3(c) for mobile facilities. An owner or operator of a mobile facility would be required to prepare or amend and implement an SPCC Plan on or after November 20, 2009, or before beginning operations if operations begin after November 20, 2009.

Written comments must be received by December 26, 2008 and may be submitted to the E-Gov Web Site: http://www.regulations.gov. Reference Docket ID No. EPA-HQ-OPA-2008-0546.

Comprehensive SPCC Rule Changes – Final Rule
EPA-HQ-OPA-2007-0584; FRL-8746-3
Back to Top

The Environmental Protection Agency (EPA) has amended the Spill Prevention, Control, and Countermeasure (SPCC) rule in order to provide increased clarity, to tailor requirements to particular industry sectors, and to streamline certain requirements for those facility owners or operators subject to the rule, which should result in greater protection to human health and the environment. Specifically, this final rule:

• Exempts hot-mix asphalt (HMA), pesticide application equipment and related mix containers, and heating oil containers at single-family residences from the SPCC rule;
• amends the definition of "facility" to clarify the existing flexibility associated with describing a facility's boundaries; amends the facility diagram requirement to provide additional flexibility;
• defines "loading/unloading rack" to clarify the equipment subject to the provisions for facility tank car and tank truck loading/unloading racks, as well as amends the provisions for this equipment;
• provides streamlined requirements for a subset of qualified facilities;
• amends the general secondary containment requirement to provide more clarity;
• exempts non-transportation-related tank trucks from the sized secondary containment requirements; amends the security requirements;
• amends the integrity testing requirements to allow greater flexibility in the use of industry standards;
• amends the integrity testing requirements for containers that store animal fats or vegetable oils and meet certain criteria;
• streamlines a number of requirements for onshore oil production facilities; and
• exempts underground oil storage tanks at nuclear power generation facilities.

SPCC Plans

Did you know RCP has developed or modified hundreds of SPCC plans, including plans for some of the biggest facilities in America? Major oil and gas companies think of us when they need SPCC plan support. Shouldn’t your company? Click here for more information.

MMS NTL No. 2008-G23 Damage from Hurricanes Gustav and Ike
Back to Top

The Minerals Management Service (MMS) has issued NTL No. 2008-G23, effective November 20, 2008, which states the following:

Pursuant to 30 CFR 250.1014, a pipeline right-of-way (ROW) will expire if the associated pipeline is not properly maintained or is not being used for the purpose for which the grant was made. However, the MMS Gulf of Mexico OCS Region (GOMR) recognizes that many ROW pipelines sustained damage from Hurricanes Gustav and/or Ike and, for that reason, cannot at this time be properly maintained or used for the purposes for which the respective grants were made. Accordingly, any pipeline ROW associated with a pipeline that cannot be properly maintained or used for the purpose for which the grant was made due to damage caused by either Hurricane Gustav or Hurricane Ike will not expire for either of those reasons during the one-year period beginning November 20, 2008.

Pipeline Safety Trust Presentations
Back to Top

The Pipeline Safety Trust has posted presentations from last month’s conference in New Orleans. This meeting is unique in that there are always opinions expressed and positions presented from all angles of pipeline safety. It had lots of good discussion on data, damage prevention, and expansion of pipeline capacity concerns by the public. For more information, go to http://www.pstrust.org/conference/2008/2008presentations.htm.

Seasons Greetings from RCP!

RCP would like to thank our valued clients for a wonderful year. We appreciate the opportunities you have given us to serve as your Professional Engineers, Regulatory Experts, and Trusted Partners. We look forward to working with you on even more projects in the years ahead.

Best wishes for the holiday season and the New Year, from your friends at RCP!