PHMSA also cited to page 17 its existing Part 192 O&M Enforcement Guidance and page 18 of its existing Part 195 O&M Enforcement Guidance. Operations & Maintenance Enforcement Guidance Part 195 Subpart F Introduction The materials contained in this document consist of guidance, techniques, procedures and other information for internal use by the PHMSA pipeline safety enforcement staff. PHMSA is currently reviewing the guidance materials and tracking methods with the . •Public Meeting - Target 1st Qtr CY 2020 * Will be published in Federal Register to solicit public . PHMSA states that the proposal is intended to reduce regulatory burden. PHMSA noted that it, along with state authorities, would be inspecting operator's plans to determine whether they adequately address the PIPES Act mandate. PHMSA currently incorporates by reference into 49 CFR Parts 192, 193, and 195 all or parts of more than 80 standards and specifications developed and published by standard developing organizations (SDO's). Enforcement will take place as necessary and the changes to the O&M Plan are relatively easy to make, but more guidance is coming PHMSA proposes to revise § 195.402 to identify the areas requiring an immediate response by the operator to prevent hazards to the public, property, or the environment if the facilities failed or malfunctioned, including segments that could affect HCAs and segments with valves that are specified in §§ 195.418 and 195.452(i)(4). Enforcement Guidance documents are available to clarify PHMSA's enforcement authority by identifying and summarizing precedent, including those from interpretations, advisory bulletins, final orders, and decisions on petitions for reconsideration. used by PHMSA pipeline safety investigators and other enforcement personnel in undertaking their compliance, inspection, and enforcement activities. 61937 (October 15, 2014). . Operations and Maintenance Enforcement Guidance Part 195 o-m-enforcement-guidance-part-195-7-21-2017.pdf DOT is committed to ensuring that information is available in appropriate alternative formats to meet the requirements of persons who have a disability. Jurisdiction stops and starts at pressure control devices: PHMSA 49 C.F.R. Consistent with the Administration's directives, the proposed revisions are intended to reduce regulatory burdens and improve regulatory clarity, without compromising safety and environmental protection. The amended regulations . This guidance document describes the practices used by PHMSA pipeline safety investigators and other enforcement personnel in . If you are interested in additional information regarding pipeline safety matters or any PHMSA or pipeline related matter, please contact Susan Olenchuk at (202) 298-1896 or sam@vnf . PHMSA's enforcement actions suggest developers should assess carefully not only what projects . • Inspections. The Federal pipeline safety regulations (49 CFR Parts 190-199) discussed in this guidance document . PHMSA has finally published guidance to better delineate federal oversight of midstream processing facilities for public comment. Your receipt of the Final Order constitutes service under 49 C.F.R. States often do not enforce 49 CFR 192.614 and 195.442. The documents and links in the menu on the right side bar are designed to give you the most up-to-date information on this set of regulations and supporting materials where applicable. €The State law may designate more than one organization as the excavation damage prevention law enforcement authority. Regardless of an operator's program maturity level, PHMSA enforcement agency guidance (e.g., advisory bulletins, interpretation letters, FAQs) and inspection protocols are always changing. Drug and Alcohol Regulations. The regulation is controlling. Specifically, this guidance will delineate where PHMSA and the Occupational Safety and Health Administration (OSHA) will each perform inspection and enforcement activities for midstream . In the continuation of our series on the 2021 PHMSA Enforcement Actions pertaining to the control room, we will review recent issues of non-compliance with Section A of the CRM Rule (General Requirements). reflect PHMSA's current application of the regulations in effect at the time of the issuance of the guidance. 8 What PHMSA Does Do: •49 CFR Part 195. Part 192/195 oversight will end, and OSHA Process Safety Management (PSM) oversight will begin, at the first pressure control device entering a processing facility, with PHMSA oversight beginning again at the last pressure control device leaving the facility. However, the reduction is not automatic. For new pipe, this measured dimension must be within PHMSA used a similar approach when developing the definition of an "unusually sensitive area" in part 195. Pipeline and Hazardous Materials Safety Administration Community Assistance and Technical Services Elizabeth Komiskey Harold Winnie June 22, 2010. . §§ 191.3 and 195.2. Part 192 or 195 oversight will end at the first pressure control device entering a processing facility . PHMSA held that the operator violated § 195.404(a) because the operator failed to implement its public awareness program. Our subject matter experts . In general, SDOs update and revise their published standards every 3 to 5 years to reflect modern technology and best technical practices. In the continuation of our series on the 2021 PHMSA Enforcement Actions pertaining to the control room, we will review recent issues of non-compliance with Section A of the CRM Rule (General Requirements). Transportation of Hazardous. It explains the following: Rules of Regulatory Construction 86, No. 195.553 : Actual wall thickness : The measured wall thickness of pipe from its inner surface to its outer surface. § 195.452(h)(2) by failing to obtain sufficient . . . PHMSA has issued an Advisory Bulletin to alert hazardous liquid and gas transmission pipeline operators of the impacts associated with flow reversals, product changes, and conversions to service.. View regulations for Part 195 193 | 199 . Like many other regulators, on March 20, 2020 the Pipeline and Hazardous Materials Safety Administration (PHMSA) released guidance on enforcement activity during the novel coronavirus (COVID-19 . PHMSA also cited to page 17 its existing Part 192 O&M Enforcement Guidance and page 18 of its existing Part 195 O&M Enforcement Guidance. This guidance is an internal document used following each inspection to guide regional personnel in the preparation of enforcement cases following an integrity . Press <Ctrl><Home> keys to return to TOC. The Notice alleged Respondent violated 49 C.F.R. The violations regarding Section D (Fatigue Mitigation - 49 CFR 192.631/195.446(d)) of the CRM Rule capture the various layers required to ensure compliance with the full . The guidance was intended to clear up gaps or . March 23, 2020. - PHMSA's expectations regarding how mature IM programs should implement the training and qualification requirements included in § 192.915 and discussed in ASME B31.8S -2004. Operations & Maintenance Enforcement Guidance Part 195 Subpart F Jun 17, 2013 . By sharing learned lessons and our solutions, we hope to provide operators with valuable insight into how to naturally comply with regulations. Coronavirus TCEQ and RRC Issue COVID-19 Regulatory Guidance. 49 CFR Part 199 (PHMSA drug and alcohol testing regulation) and 49 CFR Part 40 (DOT drug and alcohol testing regulation) require operators to conduct drug and alcohol testing of covered employees who perform operation, maintenance, or emergency-response functions regulated by 49 CFR Parts 192, 193, or 195. PHMSA expects that operators will comply with the inspection and maintenance plan revisions required in the PIPES Act of 2020 by revising their operations and Start Printed Page 31003 maintenance (O&M) plans required under 49 CFR 192.605, 193.2017, and 195.402, to address the elimination of hazardous leaks and minimize releases of natural gas . The materials contained in this document consist of guidance, techniques, procedures and other information for internal use by the PHMSA pipeline safety enforcement staff. §§ 191.3 and 195.2. By Kevin A. Fritz and Craig B. Simonsen. A: PHMSA Policy indicates that it will not provide regulatory oversight under PHMSA Part 192 and 195 for pipelines downstream of the first pressure control device entering the processing facility, and upstream of the last pressure control device leaving the processing facility, except under the provisions of FAQ 4. under 49 CFR Parts 192 and 195. • 195.412 Inspection of rights-of-way and crossings under navigable waters. PHMSA Enforcement Documents . guidance. To support use of the protocols, PHMSA has developed a comprehensive set of inspection enforcement guidance to assist inspectors in evaluating operator integrity management programs. Part 195 Corrosion Enforcement Guidance. 192.631 & 195.446 • a) General • b) Roles and . The Hazardous Liquid Final Rule amends Part 195 of PHMSA's pipeline safety regulations applicable to hazardous liquid pipelines. The guidance states that "PHMSA does not intend to take any enforcement action with regard to [operator qualification] and [control room management] requirements, and will consider . As part of our team's review of the 2020 PHMSA Enforcement Actions pertaining to the pipeline control room, we identified a handful of fatigue management violations of the PHMSA Control Room Management Rule (CRM Rule).. 2 Part 195 Corrosion Enforcement Guidance. •49 CFR . Verifiable: identifies exact 192/195 code sections driving MAOP results; MAOP Validation Services: Turnkey . The Notice was issued a day after the agency issued guidance for state pipeline safety agencies regarding implementation of state programs in the midst of the COVID-19 crisis. After five years, the State may be subject to a 4% reduction in PHMSA base grant funding to the State. If the task is not done correctly, probably needs a procedure. PHMSA Office of Pipeline Safety . PHMSA publicly reports enforcement actions across all areas of pipeline operations, including the pipeline control room. PHMSA expects that operators will comply with the inspection and maintenance plan revisions required in the PIPES Act of 2020 by revising their operations and maintenance (O&M) plans required under 49 CFR 192.605, 193.2017, and 195.402, to address the elimination of hazardous leaks and minimize releases of natural gas from pipeline facilities. Inspections. Specifically, PHMSA regulations in Subpart N of Part 192, Subpart H of Part 193, and Subpart G of Part 195 of Title 49 of the Code of Federal Regulations require operators to ensure that covered . Criterion 5 guidance: PHMSA expects State enforcement programs to be balanced with regard to how they apply enforcement authority. This enforcement action closes automatically upon payment. Some of the changes include: . Appendix_C.3 . Our team recently dug into the 2020 PHMSA Enforcement Actions related to violations of 49 CFR 192.631 and 49 CFR 195.446 control room management.. We found several infractions related to missing, inadequate, or incomplete Control Room Management Plans (CRMPs). . What PHMSA's Working On •Formed Gas Rule Implementation Team (GRIT) -Frequently Asked Questions (FAQs)* -Enforcement Guidance -Inspector Training -Inspection Implementation (Plan, Questions/Inspection Assistant Update, Pilots, etc.) PHMSA Part 192 and 195 will not regulate pipelines downstream of the first pressure control . Members of the public who are hearing impaired should call (202) 649-5597 (TTY) by 5:00 p.m. EDT on Thursday, June 24, €€ In addition, PHMSA stated that it would consider exercising enforcement discretion with respect to part 199 drug testing requirements. Safety of Hazardous Liquid Pipelines. Depends on the complexity of the task. In accordance with the rule, States can petition PHMSA to delay the base . In the March 12 Enforcement Guidance, PHMSA states that it will enforce sections 192.281 and 192.285 consistent with the Plastic Pipe Rule preamble and recommends that States do the same. Definition of a Procedure Does every task require a written procedure? . Updated: Thursday, April 6, 2017. The materials contained in this document consist of guidance, techniques, procedures and other information . See 49 C.F.R. See 49 C.F.R. U.S. Department of Transportation. 49 CFR . for internal use by the PHMSA pipeline safety enforcement staff. Staff Manuals and Instructions" to view the enforcement guidance materials. Van Ness Feldman counsels clients on pipeline safety compliance, enforcement, and litigation under the Pipeline Safety Laws and Regulations and related statutes. PHMSA noted that it, along with state authorities, would be inspecting operator's plans to determine whether they adequately address the PIPES Act mandate. PHMSA guidance is intended to help regulated entities and the public to understand PHMSA's regulations. March 24, 2020. PHMSA Guidance; Enforcement; Field Operations; Hazardous Materials Registration; Interpretations; The Advisory, issued in conjunction with newly-published Agency Guidance on these issues, recommends that operators consult existing conversion of service requirements for flow reversals and product . Rulemaking Process • FR - Final Rule - Implementation date, 30 - 90 days depending on significance of regulation • DFR - Direct Final Rule Public Awareness Enforcement Guidance Section 192.616 . Introduction. On March 20, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of Stay of Enforcement and Notice of Enforcement Discretion to Operators Affected by the Coronavirus (COVID-19) Outbreak.Resulting from government's declaration of a national emergency due to COVID-19, PHMSA's announcement was made in the midst of a developing crisis for the oil and gas . 49 CFR 195. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION. For assistance, please send an email to [email protected]. In preparing an enforcement action alleging a probable violation, an allegation must always be based on the failure to take a required action (or taking a prohibited action) that is set forth directly in the language of the regulation. PHMSA is proposing regulatory reform changes to the federal pipeline safety regulations at 49 CFR 190, 194, and 195, predominantly impacting liquid pipelines. While PHMSA does not have an enforcement guidance document for 49 CFR Part 195, Subpart E-Pressure Testing, we have enclosed an enforcement guidance document dealing with the pressure testing requirement for natural gas pipeline replacement projects under Part 192. Part 192 or 195 oversight will end at the first pressure control device entering a processing facility and begin at the . Part 195 of PHMSA's regulations sets forth the safety regulations applicable to hazardous liquid pipeline facilities. €PHMSA expects enforcement of state laws to be fairly applied to all geographic areas of the State and all PHMSA regulated pipelines, both interstate and intrastate, within the State. PHMSA is also . SUMMARY: PHMSA is making available for comment a set of draft frequently asked questions (FAQs) regarding federal oversight of midstream processing facilities. The guidance documents contained herein lack the force and effect of law, unless expressly authorized by statute or incorporated into a contract. Part 195: Hazardous Liquid Pipelines . • Formed a Public Awareness Program Enforcement Guidance Team • Create . Compliance with this . - PHMSA's expectations for operator implementation of each subsection in §192.915 are outlined in the following Guidance: If PHMSA declares a State to have an inadequate enforcement program, the State has five years to implement an adequate program. PHMSA 49 C.F.R. PHMSA believes that enforcement of these regulations, applicable to pipeline operators, ensures fairness in the damage prevention process and that pipeline . For example- tie-in and activation of pipelines. PHMSA acknowledged that in 2016, it had the biggest rulemaking agenda since the enactment of Parts 195 and 192 in 1970. Corrosion Enforcement Guidance Part 195. Therefore, in this final rule, PHMSA has established a definition for the term "notification of potential rupture" and has promulgated the criteria for that definition in §§ 192.635 and 195.417 for gas pipelines and hazardous . Liquids by Pipeline. The material contained in these documents describe the practices used by PHMSA personnel in . PHMSA's enforcement actions suggest developers should assess carefully not only what projects require the notification, but also what activities start the 60 . Hazardous Materials Safety Field Operations and Enforcement Guidance; Criterion 5 guidance: PHMSA expects State enforcement programs to be balanced with regard to how they apply enforcement authority. PHMSA noted that it, along with state authorities, would be inspecting operator's plans to determine whether they adequately address the PIPES Act mandate. This document is not a regulation and creates no new legal obligations. facility experience to deliver compliant programs and procedures meeting all requirements of 49 CFR 192 and 49 CFR 195. This guidance document describes the practices used by PHMSA pipeline safety investigators and other (PHMSA) seized on the annual statistics issued on Monday as verification that its emphasis on more enforcement is working . The material contained in these documents describe the practices used by PHMSA personnel in undertaking their compliance, inspection, and . The Enforcement Guidance states that PHMSA will consider amending these sections to be consistent with the Plastic Pipe Rule preamble and that it is considering whether to incorporate by . Notice of Issuance of Advisory Bulletin, 79 Fed. . The topics addressed in the Final Rule were first raised in a 2011 Notice of Proposed Rulemaking (NPRM) in response to . The Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Occupational Safety and Health Administration (OSHA), at meetings in Washington D.C. at the end of August 2015, issued guidance on the jurisdiction of PHMSA and OSHA relating to midstream facilities. PHMSA issued a Final Rule that amends various Part 195 and 192 regulations relating to post-construction inspections, welding, gas component pressure testing requirements, and calculating pressure reductions for immediate repairs on liquid pipelines, among other changes. If the task is complex -needs a procedure. To view the regulations text, use the link below. DOT initiates review of regulations. PHMSA currently incorporates by reference into 49 CFR Parts 192, 193, and 195 all or parts of more than 80 standards and specifications developed and published by standard developing organizations (SDO's). Parts 190-199 ) to Part 199 drug testing requirements the Final Rule Amends pipeline... 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