U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Pipeline Safety Damage Prevention Programs Christie Murray Senior Program Manager U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration - 1 -

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration PIPA Public Awareness Damage Prevention Programs –State Characterization Tool –State DP Laws Summary –DP NPRM –Other Initiatives Overview

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Making tremendous progress through shared responsibility and shared action –Educating the public –Reducing incidents Incidents/accidents remind us continuous improvement is essential Still more work to be done…to improve pipeline safety How are “we” doing on pipeline safety?

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Growth along a pipeline in Washington State… Pipelines and Informed Planning Alliance (PIPA)

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Intent of PIPA Encourage risk informed land use planning, not setbacks Recommend taking the opportunity to develop a good relationship with those around and who make decisions around the ROW and beyond Consider how easements may impact businesses and landowners in the future

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Outreach Guiding Principles Focus on local governments Speak in local government terminology Utilize existing, authoritative, trusted communication channels Develop a sustainable path Recognize the long-term, evolutionary process of planning Implement actionable, short-term tasks Build pipeline awareness Foster government/operator/regulator relationships

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Pipeline Operators Can Support PIPA o Evaluate your practices vs. PIPA recommended practices o Develop plan to implement appropriate PIPA RPs o Gap Analysis (Operator Worksheet Tool) o Partner with local governments to review the existing pipeline ROW for emergency response needs o Use the PIPA Checklist and Operator Planning Worksheets o Encourage local governments to use NPMS o Participate in state and local emergency management hazard mitigation planning process o Include PIPA as part of your public awareness program o Add the PIPA logo to your company website

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration PIPA Online Resources

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Taking steps to improve public awareness implementation: –Leveraging technology (portals, Internet) –Engaging field employees for outreach –Implementing creative supplemental activities (i.e.) Messages in multiple languages Emergency # translates to other languages (Spanish, French, Japanese, Russian, Korean, Arabic, etc) 24 hour public awareness phone # Agricultural mailings –Evaluating programs for ways to continuously improve Public Awareness Inspection Observations

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Future opportunities: –Improve stakeholder identification processes/oversight –Improve handling of undelivered/returned mail –Analyzing stakeholder lists for trends –Find out what information ER officials need/face to face? –Including metrics to assess program performance in written plan –Engaging in PIPA discussions with local public officials Public Awareness Inspection Observations

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Operator Specific Collaborative Educating Stakeholders on pipeline safety ?? ? Balancing Messages What Makes Sense?

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Planning a Public Awareness Workshop: –1 st Qtr 2013 (Date & Location TBD) –Would like to co-sponsor with NAPSR –Bringing stakeholders together –Inspection Analysis –Advancing Public Awareness (improvements) Identify recommendations after workshop for changes to: –Federal regulations –API RP 1162 Public Awareness Next Steps

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration For More Information

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Damage Prevention Initiatives State Characterizations based on nine DP elements State Damage Prevention Laws DP Enforcement Rule SDP Grants Other DP Initiatives

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Characterization Tool – Round 2 Nine Elements Designed to understand where states stand with respect to the Nine Elements of an effective damage prevention program Same approach, slightly different scoring Many questioned have been revised –In many cases, questions if requirements are in laws Results will be tabulated and displayed in a similar manner to existing results page States are taking steps to strengthen their programs and as a result these program characterizations may change from time to time.

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration State Damage Prevention Laws Summary PHMSA need for information about state one call laws, regulations –Notice requirements, reporting requirements, enforcement, exemptions, etc. Others with similar need, some additional info sought –Positive response, whitelining, locatable facilities, abandoned facilities… Publicly available, downloadable formats needed

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Existing PHMSA Damage Prevention Regs PHMSA regulations currently require pipeline operators – and their contractors – to have and follow written damage prevention programs Operators must have written damage prevention programs, be members of one-calls, locate and mark pipelines when in receipt of excavation notification, and monitor/inspect pipelines during and after excavation activity as necessary Operators face civil penalties for non-compliance

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration DP Regulation NPRM Title: “Pipeline Damage Prevention Programs” Docket No. PHMSA , PHMSA video on the NPRM: – ACTION: Comments are invited and encouraged –Comment period extended to July 9, 2012 –Federal eRulemaking Portal: Fax: ; Mail; Hand delivery (see the NPRM) Final rule in Summer 2013?

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Intent of the DP Reg NPRM Every state has an excavation damage prevention law, but no two laws are identical (see comm/DamagePrevention.htm) Some states do not adequately enforce their damage prevention laws Effective enforcement reduces excavation damage rates The proposed rule is intended to accomplish the following: Reduce excavation damage to pipelines Encourage states to adopt effective, balanced damage prevention law enforcement programs Provide “backstop” Federal enforcement authority in states that lack adequate enforcement programs

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration PIPES Act Requirements At a minimum, PIPES Act requires excavators to: Use a One Call system before excavating Regard the location information or markings established by a pipeline facility operator An excavator who causes damage to a pipeline facility that may endanger life or cause serious bodily harm or damage to property: Must promptly report the damage to the owner or operator of the facility; and If the damage results in the escape of any flammable, toxic, or corrosive gas or liquid, the excavator: Must promptly report to other appropriate authorities by calling 911

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Other DP Efforts State Damage Prevention Grants Incident/leak/damage data Emergency Responder outreach Meetings with trade associations Presentations at events, participation in stakeholder meetings, provide letters, SERVE AS RESOURCE TO STATES Reauthorization –Exemption study to be completed in two years –Eliminates grant funding for states with certain exemptions

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Pipeline Safety is a Journey…

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Thank You! Contact Information Christie Murray Senior Program Manager (202)