1. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Damage Prevention PHMSA Update Annmarie Robertson PHMSA/Office of Pipeline Safety 317-253-1622 annmarie.robertson@dot.gov

2. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Excavation Damage: Pipeline Incidents Past 20 Years

4. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Pipeline Incidents – past 3 years

5. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Gas Distribution incidents: 2005 –2009 (significant)

6. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Damage Prevention: PHMSA’s 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Damage Prevention: What we’re 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration

9. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Nine Elements: Where do we stand? PHMSA’s 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Characterization Tool Results http://primis.phmsa.dot.gov/comm/sdppc.htm

13. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration CT Results – Element 7

14. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Federal Damage Prevention Enforcement PHMSA must: Establish procedures for determining whether a State’s 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 10/29/2009: PHMSA Issued ANPRM ANPRM = Advance Notice of Proposed Rulemaking Soliciting feedback –Criteria for determining if a state’s enforcement of damage prevention laws is adequate –Process for determining if a state’s 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Enforcement – Next steps http://www.regulations.gov, Docket ID PHMSA-2009-0192http://www.regulations.gov 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration PHMSA’s DP Efforts: Damage Prevention Grants State Damage Prevention One Call Grants Technical Assistance Grants also may be damage prevention-focused

22. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Grant Program Information 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Stakeholder Communications Home Page http://primis.phmsa.dot.gov/comm

25. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Damage Prevention Page

26. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration SDP Grant info page

27. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 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. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Thank You Annmarie Robertson 317-253-1622 annmarie.robertson@dot.gov PHMSA Stakeholder Communications web site: http://primis.phmsa.dot.gov/comm Common Ground Alliance: www.commongroundalliance.com 811 materials: www.call811.com http://primis.phmsa.dot.gov/comm www.commongroundalliance.com www.call811.com http://primis.phmsa.dot.gov/comm www.commongroundalliance.com www.call811.com