DOT Pipeline Compliance News
December 2009 Edition

FINAL Amendments to the SPCC Rule
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The delays are over and the Environmental Protection Agency (EPA) Administrator signed a notice amending certain requirements of the Spill Prevention, Control, and Countermeasure (SPCC) rule in order to address additional areas of regulatory reform that have been raised by the regulated community. The November 2009 amendments modify the December 2008 rule by removing the provisions to:

• exclude farms and oil production facilities from the loading/unloading rack requirements;
• exempt produced water containers at an oil production facility;
• and provide alternative qualified facilities eligibility criteria for an oil production facility.

SPCC UPDATE

Are you ready? Does your SPCC Plan include the latest amendments as published on November 13, 2009? If not, RCP can develop or modify your SPCC Plan. Contact us today for more information.

PHMSA R&D Projects – Announcement
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The DOT/PHMSA Pipelines Safety Program has released the seventh in the series of Broad Agency Announcements (BAA-7) seeking white papers on individual projects and consolidated Research and Development (R&D) programs addressing the pipeline safety program areas.

This BAA-7 is a result of the June 2009 Government and Industry Pipeline R&D Forum that very successfully identified 23 detailed technical gaps as potential new research projects. The Forum also identified several dozen additional topics of high interest that could in the future be solicited through the PHMSA R&D Program.

However, resource constraints do not allow the support of each and every research topic identified at R&D Forums. The chosen topics for BAA-7was determined after carefully reviewing Forum findings, available funding and ensuring the proposed work is more short-term in nature and past proof of concept. PHMSA is directed by the Pipeline Safety Improvement Act of 2002 to coordinate and execute its program in this manner.

Interested offerors should first visit http://primis.phmsa.dot.gov/rd/mtg_062409.htm to understand how the R&D Forum crafted the topics solicited in this BAA. Before submitting, offerors should also visit http://primis.phmsa.dot.gov/matrix to review all related ongoing and prior research. The merit review panels will not evaluate any white paper that duplicates current or recent research efforts or addresses topics not solicited in this BAA.

Researchers should visit http://primis.phmsa.dot.gov/rd to understand more about the PHMSA pipeline research strategy and performance and visit http://primis.phmsa.dot.gov/matrix to review all related current and previous research. Again, the merit review panel will not evaluate any white paper that duplicates current or previous research efforts.

To view the public announcement now posted in the FedBizOpps for the DOT/Pipeline Safety R&D BAA-7 click here.

Editorial Amendments to the Pipeline Safety Regulations
[Docket No. PHMSA-2009-0265; Amdt Nos. 190-15; 192-111; 195-92, 198-5)]
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PHMSA has issued a Final Rule to correct typographical errors and incorrect CFR references and citations; and clarify certain regulatory requirements in the Pipeline Safety Regulations (49 CFR Parts 186-199). Because these amendments do not impose new requirements, notice and public comment procedures were not unnecessary. The final rule is intended to enhance the accuracy and reduce misunderstandings of the specified regulations. The amendments contained in this rule are non-substantive changes, and are effective as of January 29, 2010.

MMS NTL No. 2009-G37 Damage from Hurricanes Gustav and Ike
(Supplement No. 2)
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The Minerals Management Service (MMS) has issued NTL No. 2009-G37, effective November 20, 2009, which extends the deadline for out of service pipeline ROW's until June 1, 2010 to allow sufficient time for repairs to be completed on pipelines damaged by Hurricanes Gustav and/or Ike. This Notice to Pipeline Right-of-way Holders (NTL) supersedes NTL No. 2008-G23 on this subject. (See related article in the DOT Pipeline news Dec. 2008 issue.)

For a copy of NTL No. 2009-G37, contact Jessica Roger.

Save the Dates!

Advisory Committees Meeting
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The Technical Pipeline Safety Standards Committee (TPSSC) and the Technical Hazardous Liquid Pipeline Safety Standards Committee (THLPSSC) will meet on Wednesday, December 9 from 1 pm to 5 pm EST and on Thursday, December 10 from 9 am to 5 pm EST to discuss proposed rules on reporting requirements & standards publications and several future regulatory initiatives. The agenda will include committee discussions on two proposed rules:

• "Pipeline Safety: Updates to Pipeline and Liquefied Natural Gas Reporting" published in the Federal Register on July 2, 2009 (74 FR 31675); and
• "Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Edits" published in the Federal Register on July 22, 2009 (74 FR 36139).
• PHMSA staff will also brief the committees on several regulatory and policy initiatives.

Underwater Inspection Season

It has been 5 years since the DOT published final amendments to 49 CFR 195.413 and 45 CFR 192.612 for Periodic Underwater Inspections and Reburial of regulated pipeline facilities located in water depths of 15 feet. In addition, operators of certain hazardous liquid and gas pipelines are required to have procedures in place to identify, inspect, and address those pipelines that are exposed or pose a hazard to navigation.

This is a reminder to those that have plans that you may want to review them now. RCP has made some major improvements to our Interval Risk Model (IIRM) to include additional inspection trigger results for hazardous liquid pipelines that cross navigable waterways within Inlets of the Gulf of Mexico which include:

• A toggle switch that adjusts the IIRM questions based upon the type of line (gas, liquid, shallow water, deep water, etc.)
• Allows for further granularity of the pipeline segments being analyzed
• A deep water inspection risk model for lines located offshore and deeper than 15'

PHMSA Recruiting for a Compliance Officer
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The Department of Transportation/Pipeline Hazardous Materials Safety Administration (PHMSA) will be recruiting for a Compliance Officer, reporting to the Director, Office of Enforcement. This person will help transform PHMSA’s pipeline enforcement program and will be responsible for safe, reliable and environmentally sound operations of Federal pipeline safety compliance programs. The position guides the risk-based application of pipeline safety regulations, technical consensus engineering standards and compliance practices by natural gas and hazardous liquid pipeline operators. The successful candidate will work with Region Directors and the Office of Chief Counsel to ensure compliance with Federal pipeline safety regulations. This position provides technical expertise in analyzing issues underlying policy and regulatory development, accident investigation and follow-up compliance actions.

Those having questions about the position are welcome to call Rod Dyck, Director of the Office of Enforcement, at 202-366-3844 or by e-mail at rod.dyck@dot.gov.

Pipeline Regulations for iPhone
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At our request, Tekk Innovations has developed an iPhone application containing the federal pipeline safety regulations (49 CFR 40, and 190-199). It has keyword search and the capability to e-mail excerpts of the regulations to others. The app can be found in the iTunes store by searching for "pipeline regulations" or by clicking here. The cost is $9.99.

Tekk Innovations has also developed apps for all the other CFRs, including all of 49 CFR for those who want all the transportation regulations, not just the pipeline ones.

Editor's Note: I like the app with just the pipeline parts of 49 CFR, since I can search the pipeline regulations easier that way without getting hits from the other transportation regulations.

RCP in the News
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You know those pipeline and gas journals that pile up on the corner of your desk? Before you toss them out when clearing the deck for 2010, take a few moments to unearth the Oil & Gas Journal for the week of November 9, 2009, and read Bill Byrd's article on the “API, AOPL Working to Standardize GPS System” (p. 54). A team with members from the American Petroleum Institute and Association of Oil Pipe Lines is working to develop standard global positioning coordinate submittal guidelines in an effort to reduce potential errors in locating oil and gas pipelines and other buried facilities.

Season’s 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.