U'S' DOT Pipeline and Hazardous Materials Safety Administration PHMSA

1
PROPOSED COMMISSION COMMENTS

• U.S. DOT Pipeline and Hazardous Materials Safety
  Administration (PHMSA)
• Advanced Notice of Proposed Rulemaking
• PHMSA Docket 2009-0192

2
Pipeline Inspection, Protection Safety
Enforcement (PIPES) Act of 2006

• Gives PHMSA the authority to enforce against
  excavators for violation of one-call damage
  prevention laws if a State enforcement program is
  determined to be inadequate.

3
Pipeline Inspection, Protection Safety
Enforcement (PIPES) Act of 2006

• Requires PHMSA to develop criteria and procedures
  used to determine if a States enforcement of
  damage prevention laws is adequate.

4
Advanced Notice of Proposed Rulemaking (ANPRM)

• ANPRM issued by PHMSA on October 29, 2009
• Title Pipeline Safety Pipeline Damage
  Prevention Programs
• Docket PHMSA-2009-0192

5
PHMSA Seeks Comments On

• Criteria for determining the adequacy of a
  States enforcement program
• Procedures PHMSA would use to make this
  determination

6
PHMSA Seeks Comments On

• Federal standards to be enforced against an
  excavator if PHMSA determines a State has
  inadequate enforcement and
• Administrative process for imposing fines and
  penalties on an excavator alleged to have
  violated the applicable standards.

7
Comments determining adequacy of a State
enforcement program

• Scope of required investigations by the State is
  unclear, may exceed what the GPS section
  currently does.
• ANPRM requires States to have maximum civil
  penalties similar to Federal maximums which are
  very high.

8
Comments determining adequacy of a State
enforcement program

• The implications of an inadequate determination
  on financial support for the Gas Pipeline Safety
  program are unclear.

9
Comments PHMSA procedures to determine State
program adequacy

• Few details are provided regarding State appeal
  rights or time requirements for PHMSA to respond
  to appeals.
• The ANPRM mentions a status of nominally
  adequate but how this status is determined and
  its implications on State programs is not
  mentioned.

10
Comments Federal standards to be enforced
against Excavators

• No details are provided on how PHMSA plans to
  evaluate liability and enforcement in situations
  where an excavator damages a pipeline system due
  to an owner/operator failing to mark or
  incorrectly marking underground lines.

11
Comments Federal standards to be enforced
against Excavators

• Concern that PHMSA should not attempt to define
  marking standards for States as significant time
  and money has gone towards educating the public
  on state specific marking standards.

12
Comments Administrative process for imposing
fines and penalties

• The ANPRM does not indicate how large state
  maximum civil penalties have to be in order to be
  considered similar to federal maximums.

13
Comments Administrative process for imposing
fines and penalties

• The ANPRM is not clear on how State penalties for
  non-gas pipeline related accidents will be
  evaluated.