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U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Excavation Damage Prevention
- 1 -
Georgia Municipal Association – Gas Section &
Georgia Public Service Commission
April 9 -12, 2012
Arthur O. Buff, P.E. CATS Program Manager PHMSA, Southern Region
PHMSA OFFICE OF PIPELINE SAFETY SOUTHERN REGION
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
• What is PHMSA?
• Excavation Incidents
• Pipeline Challenges
• PIPES and PSRCJC Acts
• Damage Prevention Programs
• Information Sources
PRESENTATION OVERVIEW
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
PHMSA NHTSA
FTA
MARAD FAA
FRA
OPS HMT
RITA
NTSB
FMCSA
FHWA
DOT
DOT ORGANIZATION
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Western Region
Lakewood
Southern Region
Atlanta
Eastern Region
HQ
Washington, D.C.
Trenton
Southwest Region
Houston
T&Q
Oklahoma City
Central Region
Kansas City
PHMSA REGIONS/OFFICES
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Mission: To ensure the safe,
reliable, and
environmentally sound
operation of the
Nation’s pipeline
transportation system.
OFFICE OF PIPELINE SAFETY (OPS)
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
SIGNIFICANT INCIDENTS, U.S PIPELINES
(1992 – 2011)
Significant
Incidents Fatalities Injuries Property Damage
5,642 376 1,540 $6,051,633,707
Hazardous liquids spilled: 2,503,103 barrels
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
P-Rex
Significant Incidents Caused by Excavation Damage (1992 thru 2011)
EXCAVATION
DAMAGE NUMBER FATALITIES INJURIES
PROPERTY
DAMAGE
Operator/
Contractor 165 1 59 $45,848,299
Third Party 1,124 143 468 $440,301,165
Previous
Damage 5 0 0 $1,128,634
Unspecified
Damage 27 4 5 $37,561,864
Total 1,321 148 532 $524,839,962
23.4 % 39.4% 34.5%
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
• Excavation damage is a serious
threat to public safety and
pipeline integrity
• Data indicates downward trend
reportable incidents
gas distribution leaks
• Excavation damage is preventable
• We can do more
Did I just hit a high pressure
gas line??
WHAT DO WE KNOW ABOUT
EXCAVATION DAMAGE?
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
WHY PIPELINE SAFETY LAWS?
• Catastrophic gas transmission failure:
Natchitoches, LA 1965
• 17 fatalities (9 children), 9 hospitalized
• Crater 15 feet deep, 75’ x 30’
• 5 houses leveled, 6 cars and 3 trucks
melted
• House furnishings – 15-20 acres
• Sawmill damaged
• Natural Gas Pipeline Safety Act, 8/12/68
• Office of Pipeline Safety, DOT
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Hey Doc, did you
call 811!
ARE YOU SURE THERE ARE NO
BURIED PIPELINES??
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
• Bellingham, WA - June 10, 1999
• 16” Gasoline pipeline leaked into a creek in a city park and stretched for 1 ½ miles
• 1 ½ hours after leak started, gasoline ignited
• 3 fatalities, 8 injuries
• $45 million in property damage
• Leak caused by damage to pipeline during 1994 water treatment plant construction (operator failed to identify or repair)
PIPELINE SAFETY CHALLENGES
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
• Georgia – July 2010
• 8” Liquid propane gas line ruptured and
explosion
• 1 person injured, frostbite burns
• 1 person killed.
• Double wide mobile home, jeep, bulldozer
and 20 acres of woodland were destroyed
• 50 firefighters battled fire for 5 hours
PIPELINE SAFETY CHALLENGES
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
SAN BRUNO, CALIFORNIA PIPELINE INCIDENT
• Population 41,114, 11 miles south of San Francisco
• September 9, 2010, 6:11 pm (PDT) – 30” gas line ruptured
• Crestmoor neighborhood at Earl Ave. and Glenview Dr.
• Crater 72 feet long, 26 feet wide
• 28 ft. section, 3,000 lbs., 100 feet
• 47.6 million ft.3 of gas released
• 38 homes destroyed, 70 damaged
• 8 fatalities and 58 injuries
• San Bruno PD arrive 6:12 pm
• San Bruno FD arrive 6:13 pm
• 900 emergency responders
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
PIPELINE SAFETY CHALLENGES
Allentown, PA – February 9, 2011
• 83 year old C.I. pipe
• 5 fatalities (4 mo. To 79 years)
• 47 properties damaged (10
businesses)
• Hundreds evacuated from apt.
• C.I. pipelines from late 1800’s to early 1900’s
• 120 miles replaced (8 miles/year)
• 79 miles of C.I. pipe needs replacement
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Pipeline Safety, Regulatory Certainty and Job Creation Act of 2011 (PSRCJC) Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (PIPES)
IT’S THE LAW!
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Part 192.614
Transportation of
natural and other gas
by pipeline
Where are Damage Prevention Rules?
Parts 186 to 199
Part 195.442
Transportation of
hazardous liquids by
pipeline
TITLE 49
Subtitle B Chapter I
Subchapter D (Pipeline
Safety)
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Benefits
Decreased excavation damage
Enhanced public safety
Preservation of the environment
Improved pipeline system performance
Improved relationships with affected public
Less resistance to pipeline activities
WHY DAMAGE PREVENTION?
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Pipeline operators must have written programs to prevent damage from excavation activities and participate in qualified “one call” system
What are “excavation activities”?
• Excavation
• Blasting
• Boring
• Tunneling
• Backfilling
• Removal of aboveground structures
by explosive or mechanical means
• Other earthmoving operations
Operators face civil penalties for non-compliance
DAMAGE PREVENTION PROGRAM
49 CFR 192.614
P-Rex
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Operators must Participate in “qualified one-call system” • State adopted one-call damage prevention program (49 CFR 198.37) and
• One-call operated in accordance with 49 CFR 198.39
Operators Damage Prevention Program must: • Identify on current basis person(s) who engage in excavation activities in area of pipeline
• Provide for notification of public near pipeline and above person(s) as often as needed:
program’s existence
how to learn location of pipeline before excavation begins
• Provide means of receiving and recording notification of planned excavation
• Notify persons who give notice of intent to excavate, type of temporary marking and how to identify
• Provide for temporary marking of pipelines in area of excavation as far in advance as practicable
• Monitor/inspect pipeline during and after excavation activity as needed
Operators face civil penalties for non-compliance
DAMAGE PREVENTION PROGRAM
49 CFR 192.614 (CON’T)
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Excavators must:
• Use applicable state One Call system before
excavating
• Not disregard operator’s location information or
markings (Operators are subject to civil action and
penalties for failure to promptly respond to location
requests)
• Promptly report damage to pipeline facility operator
and call 911 if liquids or gas escapes
PIPES ACT REQUIREMENTS
FOR EXCAVATORS
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Section 2 of the PIPES Act includes congressional
mandate to PHMSA:
• 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
PIPES ACT ENFORCEMENT
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Third Party Excavation
Enforcement
Current Status:
ANPRM in FR Oct 29, 2009
NPRM in FR April 1, 2012
Objective: Evaluate state pipeline excavation
damage prevention enforcement programs and
establish the process by which PHMSA will enforce
such programs in states with inadequate
protections in place
Goal: Encourage states to strengthen their
excavation damage prevention laws and
adequately enforce those laws
NPRM – EXCAVATION DAMAGE
PREVENTION ENFORCEMENT
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
• Effective, balanced enforcement reduces excavation
damages to pipelines
State data supports this
• Enforcement responsibility is inherently a state
responsibility
• Enforcement is only one aspect of effective DP
programs (see the “nine elements”)
PHMSA’S VIEW ON ENFORCEMENT
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
PIPES Act of 2006, 60134(b)(1) through (9):
1. Enhanced communication between operators and excavators
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 State authority’s
role as a partner and facilitator to resolve disputes
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
NINE ELEMENTS OF EFFECTIVE
DAMAGE PREVENT PROGRAM
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
KEY POINTS IN CONSIDERING
NINE ELEMENTS
Damage prevention is a multi-faceted issue.
Damage prevention is a shared
responsibility, but damage prevention is
largely executed at State and local levels.
There is considerable variability between the
provisions of State damage prevention laws
and programs. One size does not fit all.
Damage prevention decisions should be
based on experience and data in each State.
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
What is SDPPC?
• Questions for states concerning damage prevention programs
• Evaluation of state programs against 9 elements
• Discussions with stakeholders in each state
• Consumer-reports style depiction of results
What is SDPPC Goal?
• Understanding state damage prevention programs, share results, foster improvement at state level
STATE DAMAGE PREVENTION PROGRAM
CHARACTERIZATIONS (SDPPC)
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
PHMSA SDPPC initiative:
Evaluated state programs against 9 elements
largely implemented program
not implemented, needs to be addressed
partially implemented, actions underway or
planned for improvements or not
GEORGIA DAMAGE PREVENTION PROGRAM
2 3 8 5 6 7 1 4 9
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
http://primis.phmsa.dot.gov/comm/DamagePreventionSummary.htm
STATE LAW/RULE APPLICATION
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
PSRCJC ACT OF 2011
SIGNED JANUARY 03, 2012
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
CIVIL PENALTIES
• From $100,000 to $200,000 per violation
• From $1,000,000 to $2,000,000 for series of violations
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Section 3, Pipeline Damage Prevention
(a) To Qualify for a Grant, State one-call programs, as a
minimum, must provide for:
• Appropriate participation by all underground
facility operators
• Appropriate participation by all excavators
• Flexible/effective enforcement under State law
(participation in and use of one-call systems)
PSRCJC ACT REQUIREMENTS
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
(b) State Damage Prevention Programs
• No exemptions to municipalities, State agencies or
their contractors from one-call requirements of program
• DOT will conduct study; impact of excavation on pipeline safety:
A. Analyze frequency/severity of damage incidents
B. Analyze exemptions to state one-call requirements
C. Compare above (B) to types of damage incidents
D. Analyze potential safety benefits and consequences of
eliminating all exemptions mechanized excavation from state
one-call
• Report no later than 2 years from enactment date
PSRCJC ACT REQUIREMENTS (CON’T)
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
PSRCJC ACT OF 2011 OTHER HIGHLIGHTS
• More pipeline inspectors
• Study leak detection (haz. liq.)
• $110 million/year for safety related grants
• Automatic and remote-controlled shut-off valves
• Study risks of Canadian crude from oil sands
• Regulate non-petroleum hazardous liquids
• Increased technical and geospatial data collection
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
811 CAMPAIGN
• Personal interest of the “Boss”
• Excavation damage is preventable
• Contractor hired for campaign
• Starting April 2012 – 30 sec. PSA
• House/Senate resolutions:
“National Safe Digging Month”
APRIL
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
http://www.phmsa.dot.gov/pipeline/regs/rulemaking
FEDERAL DAMAGE PREVENTION ENFORCEMENT INFORMATION
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
http://primis.phmsa.dot.gov/comm/DamagePrevention.htm
ADDITIONAL INFORMATION AT PHMSA DAMAGE PREVENTION WEBSITE
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
Artie Buff [email protected]
404-832-1155