Damage Prevention Update SD/ND/WY Pipeline Safety Seminar Rapid - PowerPoint PPT Presentation

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Damage Prevention Update SD/ND/WY Pipeline Safety Seminar Rapid City, SD April 3, 2013 Harold Winnie Community Assistance and Technical Services Project Manager Central Region

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Presentation Overview • PHMSA’s Dam age Prevention Efforts – 8 1 1 / Safe Digging Month – Exem ptions – Enforcem ent Rulem aking • Discussion

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration DOT 811 Campaign Secretary LaHood: Make 8 1 1 as w ell-know n as • 9 1 1 Funding uncertain for 2 0 1 3 Cam paign. Focus • areas for 2 0 1 3 include: Letters : State Governors, State Utility • Com m issions, Trade Associations, State DOTs Em ergency responders as target audience •

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Pipeline Safety, Regulatory Certainty and Job Creation Act of 2011: Damage Prevention Components • Tw o m ajor directives – both aim ed at exem ptions – Exem ptions as a criteria for certain grant eligibility – DOT to study im pact of all exem ptions involving m echanical equipm ent – Effective January 2 0 1 4

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Two Grant Programs – Similar Purposes • One Call Grants: – State pipeline safety offices are eligible applicants – Maxim um aw ard = $ 4 5 ,0 0 0 per year – Funding available to assist in im proving dam age prevention program s • State Dam age Prevention Grants: – State Authority designated by Governor of state is eligible applicant – Maxim um aw ard = $ 1 0 0 ,0 0 0 per year – Funding to assist states in aligned w ith one or m ore of the 9 Elem ents of Effective Dam age Prevention

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration PHMSA Public Forum on Exemptions March 1 4 , 2 0 1 3 . Topics covered: • • Discussion of w hat w e know and don’t know concerning exem ptions based on existing data • Stakeholder panel discussions: Perspectives from a broad array of panelists, including operators, excavators, one call centers, agriculture, railroad… • W ebcast of m eeting/ presentations available at: https:/ / prim is.phm sa.dot.gov/ m eetings • • Com m ents can be filed on this topic at w w w .regulations.gov under docket # Docket No. PHMSA– 2 0 1 3 – 0 0 2 9 . • I nform ation gathered w ill be used in drafting study for Congress

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Exemptions and Grant Eligibility • EXEMPTI ONS PROHI BI TED.— • This applies to both One Call Grants and State Dam age Prevention Grants. • States affected classified as probably or potentially ineligible, and inform ally notified. Developing process for next steps • Exem ption Study • Report to Congress on results of this study due January 3 , 2 0 1 4

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Pipeline Damage Prevention Programs - Enforcement Rule • Title: “Pipeline Dam age Prevention Program s” • Docket No. PHMSA-2 0 0 9 -0 1 9 2 , w w w .regulations.gov • PHMSA video on the NPRM: – http:/ / w w w .phm sa.dot.gov/ pipeline/ regs • Com m ent period closed July 9 , 2 0 1 2 • Final rule by early 2 0 1 4 - 8 -

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration I ntent of the NPRM NPRM seeks to revise Pipeline Safety Regulations to: 1 . Establish criteria and procedures for determ ining adequacy of state pipeline excavation dam age prevention law enforcem ent program s 2 . Establish the adm inistrative process for m aking adequacy determ inations 3 . Establish the Federal requirem ents PHMSA w ill enforce in states w ith inadequate enforcem ent program s 4 . Establish the adjudication process for adm inistrative enforcem ent proceedings against excavators w here Federal authority is exercised - 9 -

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Criteria for Adequate Enforcement (see NPRM for complete language) 1 . Does the state have enforcem ent authority w ith civil penalties? 2 . Has the state designated an agency or other body as the responsible enforcem ent authority? 3 . I s the state using its enforcem ent authority and m aking inform ation publicly available that dem onstrates the effectiveness of enforcem ent? 4 . Does the state have a reliable m echanism for learning about excavation dam age? 5 . Does the state use dam age investigation practices that are adequate to determ ine the at-fault party? - 10 -

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Criteria for Adequate Enforcement (see NPRM for complete language) 6 . Does the state’s dam age prevention law require: a) Excavators m ust call the one-call before excavating; b) Excavators m ay not excavate in disregard of the m arked location of pipelines; c) An excavator w ho causes dam age to a pipeline: i. Must report the dam age to the ow ner/ operator of the pipeline, and; ii. Must call 9 1 1 or another em ergency telephone num ber if the dam age results in a release. 7 . Does the state lim it exem ptions for excavators from its excavation dam age prevention law ? - 11 -

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Procedures for Evaluating States (see NPRM for complete language) • Annual review using proposed criteria sum m arized on previous slides • Review w ill encom pass inform ation from any state agency or office w ith a role in the enforcem ent program • PHMSA m ay take im m ediate enforcem ent action against excavators in a state upon a finding of inadequacy • States have five years from a finding of inadequacy to im plem ent an adequate program – After five years, state is subject to a reduction in “base grant” funding established under 4 9 U.S.C. 6 0 1 0 7 - 12 -

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Technical Advisory Committees Vote • Statutorily-m andated com m ittees that advise PHMSA on proposed safety standards and policies • PHMSA uses these votes w hen drafting regulations but is not required to adopt all recom m endations • Com m ittee m et in Decem ber, 2 0 1 2 to vote on: – ( 1 ) the Criteria for Evaluating State Enforcem ent Program s; – ( 2 ) the Federal Excavation Standard; and – ( 3 ) the I ncentives for States to I m plem ent Adequate Enforcem ent Program .

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Technical Advisory Committee Vote: Effectiveness of state enforcement • Vote: Criteria for evaluating states • Proposed rule is technically feasible, reasonable, cost-effective, and practicable if the follow ing changes are considered: • PHMSA develops a policy, incorporated into the pream ble of the final rule that clarifies the scope and applicability of the state evaluation criteria. The policy w ill address the relative im portance and intent of each of the criteria and the three item s identified by the com m ittee during the m eeting.

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Effectiveness of states • TAC Vote - Three item s added w ere: • PHMSA should look beyond enforcem ent actions in evaluating a state dam age prevention program considering factors such as state’s investigation processes, standards for excavators, excavator education efforts, and com m itm ent to continued im provem ent. • The criteria to determ ine w hether a state dam age prevention program is deem ed adequate should also include consideration of w hether the state’s one call centers are required to provide a m andatory positive response to locate requests. • the adm inistrative process for determ ining adequacy should be am ended to include public com m ent.

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Excavator Standards • Technically feasible, reasonable, cost-effective, and practicable if the follow ing changes are considered: – Elim inate the hom eow ner exem ption. – PHMSA develops a policy, incorporated into the pream ble of the final rule that clarifies the scope and applicability. The policy w ill address triggers for federal enforcem ent, how PHMSA w ill consider state exem ptions in enforcem ent decisions, and how the federal excavation standard w ill be applied in states w ith inadequate enforcem ent program s. – I n addition the follow ing item s be considered for incorporation into the final rule ( including the policy as appropriate) - 16 -