Annmarie Robertson

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Damage Prevention PHMSA Update

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

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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

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Excavation Damage Pipeline Incidents Past 20
Years
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Pipeline Incidents past 3 years
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Gas Distribution incidents 2005 2009
(significant)
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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

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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

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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

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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

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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

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

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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?

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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

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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

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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

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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

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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

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PHMSAs DP Efforts Damage Prevention Grants

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

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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

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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

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

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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

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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