PHMSA Requires Public Awareness Programs for Pipeline Operators

On May 18, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule requiring gas and hazardous liquid pipeline operators to develop, implement, and maintain public awareness (also known as public education) programs that follow the guidance provided in the American Petroleum Institute’s (API) Recommended Practice (RP) 1162, Public Awareness Programs for Pipeline Operators, a consensus standard for public awareness programs developed by a multi-industry task force.

The new rules become effective on June 20, 2005, and most pipeline operators must complete their written programs by June 20, 2006. If requested to do so, pipeline operators must submit their completed programs either to PHMSA or to the appropriate state regulatory agency.

Background

The Pipeline Safety Improvement Act of 2002 requires that pipeline operators develop and conduct continuing education programs to educate the public on pipeline safety matters, and authorizes PHMSA to issue standards prescribing the elements of effective public education programs. PHMSA believes the final rule meets the standards set forth in the Act and will increase public awareness of pipeline operations and safety issues through enhanced communication. The change in requirements for public education programs is part of PHMSA’s effort to improve public communications among the pipeline industry and government pipeline regulators.

As explained in the final rule, in response to the 2002 Act, API’s then-existing efforts to develop recommended practices for public awareness programs for hazardous liquid pipelines were expanded to become a multi-industry task force to develop guidelines for gas transmission and distribution pipelines. The task force that developed API RP 1162 included operators of hazardous liquid, gas transmission and gas distribution pipelines, trade organizations, PHMSA, and the National Association of Pipeline Safety Representatives.

Overview of the Rule

Who Must Comply? The rule applies to all pipelines regulated under 49 C.F.R. Parts 192 and 195, including (1) interstate and intrastate hazardous liquid transmission pipelines; (2) interstate and intrastate natural gas transmission pipelines; (3) natural gas distribution pipelines; and (4) oil and gas gathering lines. If an operator’s current public awareness or education program does not follow the guidance provided in API RP 1162, then the operator must modify its program to conform to the new requirements unless he/she can provide justification as to why compliance is not practicable and not necessary for safety.

What Does the Rule Require? The rule modifies Sections 192.616 (Gas Pipelines) and 195.440 (Hazardous Liquids Pipelines) of PHMSA’s regulations to require that pipeline operators develop, implement, and maintain public awareness programs that are consistent with the guidance contained in API’s RP 1162, Public Awareness Programs for Pipeline Operators. PHMSA incorporates that consensus industry standard by reference into its regulations.

Programs must address the following audiences: (1) affected public in the vicinity of the pipeline and its associated rights-of-way and facilities; (2) state and local emergency response and planning officials and first responder organizations; (3) local public officials and governing councils of affected municipalities and school districts; and (4) excavators. API RP 1162 establishes requirements for public education programs for each audience and addresses the message type and content, the frequency of message delivery, and the delivery method and/or media.

Consistent with the requirements of the 2002 Pipeline Safety Improvement Act, the new regulations require that public awareness programs specifically include provisions to educate these groups on: (1) use of a one-call notification system prior to excavation and other damage prevention activities; (2) possible hazards associated with unintended releases from pipeline facilities; (3) physical indications that such a release may have occurred; (4) steps that should be taken for public safety in the event of a release; and (5) procedures to report such an event. In addition, programs must include activities to advise affected municipalities, school districts, businesses, and residents of pipeline facility locations. Programs also must be conducted in English and in other languages commonly understood by a significant number and concentration of the non-English speaking population in the operator’s area.

Deadline for Compliance

The new regulations become effective on June 20, 2005, and most pipeline operators must complete their written programs no later than June 20, 2006. Operators of small propane distribution systems having less than 25 customers and master meter operators with less than 25 customers must develop and document their programs no later than June 20, 2007. If requested to do so, pipeline operators must submit their completed programs to PHMSA or the appropriate state regulatory agency.

Copies of API RP 1162 are available for purchase from the American Petroleum Institute, and a nonprintable PDF version is available at: http://committees.api.org/pipeline/standards/index.html.