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. 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). The Notice alleged Respondent violated 49 C.F.R. €The State law may designate more than one organization as the excavation damage prevention law enforcement authority. PHMSA Office of Pipeline Safety . Updated OQ Enforcement Guidance. PHMSA noted that it, along with state authorities, would be inspecting operator's plans to determine whether they adequately address the PIPES Act mandate. . 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. Inspections. Part 195: Hazardous Liquid Pipelines . §§ 191.3 and 195.2. PHMSA Part 192 and 195 will not regulate pipelines downstream of the first pressure control . •Public Meeting - Target 1st Qtr CY 2020 * Will be published in Federal Register to solicit public . 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 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. Specifically, the operator 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 . 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. The Department of Transportation/Pipeline Hazardous Materials Safety Administration (PHMSA) updated its Gas Distribution Pipeline Integrity Management Enforcement Guidance for 49 CFR Subpart P. . This enforcement action closes automatically upon payment. PHMSA believes that enforcement of these regulations, applicable to pipeline operators, ensures fairness in the damage prevention process and that pipeline . 61937 (October 15, 2014). View regulations for Part 195 193 | 199 . 1200 New Jersey Avenue, SE. 49 C.F.R. Introduction. Her team has sought appellate review for enforcement matters with favorable results and . The Pipeline and Hazardous Materials Safety Administration (PHMSA) will hold a two-day public meeting on February 26-27, 2020, to discuss with pipeline safety stakeholders the implementation of . Notice of Issuance of Advisory Bulletin, 79 Fed. 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). • 195.412 Inspection of rights-of-way and crossings under navigable waters. 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 . 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. . 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. 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).. In response to the US president's declaration of a national emergency due to the coronavirus (COVID-19) pandemic, on March 20 the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice to operators stating that, effective immediately and until further notice or modification, PHMSA does not intend to take any enforcement action with respect to operator qualification . Transportation of Hazardous. . (PHMSA) seized on the annual statistics issued on Monday as verification that its emphasis on more enforcement is working . ANR SE: 0.030 ANR SW: -0.010 Agua Dulce: -0.195 Algonquin Citygate . 192.605(a) Each operator shall prepare and follow a manual of written procedures for conducting Reg. The regulation is controlling. Part 192 or 195 oversight will end at the first pressure control device entering a processing facility and begin at the . PHMSA noted that it, along with state authorities, would be inspecting operator's plans to determine whether they adequately address the PIPES Act mandate. 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. Proposed Changes to Part 195. By Kevin A. Fritz and Craig B. Simonsen. In addition, PHMSA stated that it would consider exercising enforcement discretion with respect to part 199 drug testing requirements. The topics addressed in the Final Rule were first raised in a 2011 Notice of Proposed Rulemaking (NPRM) in response to . Part 195 TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE . used by PHMSA pipeline safety investigators and other enforcement personnel in undertaking their compliance, inspection, and enforcement activities. 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.) • Inspections. PHMSA acknowledged that in 2016, it had the biggest rulemaking agenda since the enactment of Parts 195 and 192 in 1970. 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. Stormwater Drain EPA Proposes New Multi-Sector General Permit for Industrial Stormwater. 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. The draft FAQs define midstream processing, then confirm that PHMSA 49 C.F.R. 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) outbreak. Removed . Public Awareness Enforcement Guidance Section 192.616 . 2010 Pipeline Safety Seminar. 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'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. Washington, DC 20590 PHMSA is developing a revised regulatory . 8 Liquids by Pipeline. €€ Part 195 of PHMSA's regulations sets forth the safety regulations applicable to hazardous liquid pipeline facilities. PHMSA Guidance; Enforcement; Field Operations; Hazardous Materials Registration; Interpretations; 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. 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. PHMSA states that the proposal is intended to reduce regulatory burden. . The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently published an Advisory Bulletin (ADB-2014-05) and a "Guidance for Strengthening Pipeline Safety Through Rigorous Program Evaluation and Meaningful Metrics" (Guidance). PHMSA's enforcement actions suggest developers should assess carefully not only what projects . This guidance is an internal document used following each inspection to guide regional personnel in the preparation of enforcement cases following an integrity . Midstream Pipeline PHMSA Issues Notice of Stay of Enforcement to Pipeline Operators. Our subject matter experts . 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. Corrosion Enforcement Guidance Part 195. 192.631 & 195.446 • a) General • b) Roles and . . Part 195 Corrosion Enforcement Guidance. If PHMSA declares a State to have an inadequate enforcement program, the State has five years to implement an adequate program. After five years, the State may be subject to a 4% reduction in PHMSA base grant funding to the State. 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 . The Notice became effective on March 20, 2020, and will remain in effect until further notice or modification by the PHMSA Associate Administrator for Pipeline Safety. 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. PHMSA publicly reports enforcement actions across all areas of pipeline operations, including the pipeline control room. Specifically, this guidance will delineate where PHMSA and the Occupational Safety and Health Administration (OSHA) will each perform inspection and enforcement activities for midstream processing facilities where there is overlapping authority." . under 49 CFR Parts 192 and 195. 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 . . Those rulemakings are moving more slowly than the Agency would like, as it continues to evaluate and analyze the current Administration's Executive Directives related to rulemaking. guidance. What PHMSA Does Do: •49 CFR Part 195. This document is U.S. Government property and is to be used in conjunction with official duties. § 195.452(h)(2) by failing to obtain sufficient . 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. . If the task is not done correctly, probably needs a procedure. 110/Thursday, June 10, 2021/Notices telephone at (202) 649-5420. U.S. Department of Transportation. Please contact the Inspector Training and Qualifications Division if you have any questions at 405-686-2310. Drug and Alcohol Regulations. Criterion 5 guidance: PHMSA expects State enforcement programs to be balanced with regard to how they apply 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. o-m-enforcement-guidance-part-195-7-21-2017.pdf. 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).

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