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Annmarie Robertson

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Title: Annmarie Robertson


1
Damage Prevention PHMSA Update
  • Annmarie Robertson
  • PHMSA/Office of Pipeline Safety
  • 317-253-1622
  • annmarie.robertson_at_dot.gov

2
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

3
Excavation Damage Pipeline Incidents Past 20
Years
4
Pipeline Incidents past 3 years
5
Gas Distribution incidents 2005 2009
(significant)
6
Damage Prevention PHMSAs 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

7
Damage Prevention What were 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

8
(No Transcript)
9
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

10
Nine Elements Where do we stand?
  • PHMSAs 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

11
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

12
Characterization Tool Resultshttp//primis.phmsa.
dot.gov/comm/sdppc.htm
13
CT Results Element 7
14
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

15
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?

16
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

17
Federal Damage Prevention Enforcement
  • PHMSA must
  • Establish procedures for determining whether a
    States 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

18
10/29/2009 PHMSA Issued ANPRM
  • ANPRM Advance Notice of Proposed Rulemaking
    Soliciting feedback
  • Criteria for determining if a states enforcement
    of damage prevention laws is adequate
  • Process for determining if a states 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

19
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

20
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

21
PHMSAs DP Efforts Damage Prevention Grants
  • State Damage Prevention
  • One Call Grants
  • Technical Assistance Grants also may be damage
    prevention-focused

22
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

23
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

24
Stakeholder Communications Home Page
http//primis.phmsa.dot.gov/comm
25
Damage Prevention Page
26
SDP Grant info page
27
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

28
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

29
Thank YouAnnmarie Robertson317-253-1622annmari
e.robertson_at_dot.gov PHMSA Stakeholder
Communications web sitehttp//primis.phmsa.dot.
gov/commCommon Ground Alliancewww.commonground
alliance.com811 materialswww.call811.com
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