damage prevention phmsa update

U.S. Department of TransportationPipeline and Hazardous Materials Safety Administration

Damage Prevention PHMSA Update

Annmarie RobertsonPHMSA/Office of Pipeline [email protected]

http://www.call811.com/


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



Excavation Damage: Pipeline Incidents Past 20 Years



Pipeline Incidents – past 3 years



Gas Distribution incidents: 2005 –2009 (significant)



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



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



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 locators4. Partnership in employee training5. Partnership in public education6. A dispute resolution process that defines the enforcement

agency as a partner and facilitator7. Fair and consistent enforcement of the law8. Use of technology to improve damage prevention

processes 9. Data analysis to continually improve program

effectiveness



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



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



Characterization Tool Resultshttp://primis.phmsa.dot.gov/comm/sdppc.htm


U.S. Department of TransportationPipeline and Hazardous Materials Safety Administration CT Results – Element 7



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



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?



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



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



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



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



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

http://www.regulations.gov/



PHMSA’s DP Efforts: Damage Prevention Grants

• State Damage Prevention• One Call Grants

• Technical Assistance Grants also may be damage prevention-focused



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



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


U.S. Department of TransportationPipeline and Hazardous Materials Safety AdministrationStakeholder Communications Home

Page

http://primis.phmsa.dot.gov/comm




Damage Prevention Page



SDP Grant info page



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



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



Thank YouAnnmarie Robertson

[email protected]

PHMSA Stakeholder Communications web site:


Common Ground Alliance:www.commongroundalliance.com

811 materials:www.call811.com


http://www.commongroundalliance.com/



damage prevention phmsa update

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