OPS Codifies New Pipeline Operator Qualification Requirements

On June 15, the Pipeline and Hazardous Materials Safety Administration’s Office of Pipeline Safety (OPS) announced that it will codify the pipeline operator qualification requirements that were established by Congress in the Pipeline Safety Improvement Act of 2002 (2002 Act). Through a Direct Final Rule, OPS has modified its regulations to require operators of gas and hazardous liquid pipelines to: (1) provide training to ensure the safe operation of pipeline facilities; (2) notify OPS or participating state agency of significant program modifications; (3) make written qualification programs available for review by OPS or participating state pipeline safety agency; and (4) restrict operators from using observation of on-the-job performance as the sole method of evaluation. The new regulations become effective July 15, 2005; however, under the 2002 Act, pipeline operators were required to comply with these requirements no later than December 17, 2004.

Background

OPS’s existing pipeline safety regulations require operators of gas and hazardous liquid pipelines to maintain and conduct programs for the qualification of pipeline personnel who perform “covered tasks” on pipelines. A covered task is an activity that is: (1) performed on a pipeline facility; (2) an operations or maintenance task; (3) performed as a requirement of part 192 or 195 of OPS’s regulations; and (4) affects the operation or integrity of the pipeline.

In the 2002 Act, Congress established new requirements for pipeline operators’ personnel qualification programs and for OPS’s regulation of them. Importantly, Congress required pipeline operators to comply with these statutory requirements by December 17, 2004, regardless of whether OPS had adopted new regulations implementing them. (See Advisory Bulletin ADB-04-05, issued Nov. 26, 2004). The Direct Final Rule incorporates into OPS’s regulations the requirements of the 2002 Act.

Rule Requirements

The new regulations apply to all gas and hazardous liquid pipelines regulated under 49 C.F.R. Parts 192 (Gas Pipelines) and 195 (Hazardous Liquid Pipelines). In particular, consistent with the 2002 Act, the Final Rule:

• Amends §§ 192.809(a) and 195.509(a) to require that operators make their written qualification programs available for review by OPS, or a state pipeline safety agency;
• Establishes §§ 192.809(e) and 195.809(e) to restrict operators from using observation of on-the-job performance as the sole method of evaluation;
• Adds new §§ 192.805(h) and 195.505(h) to require that operators have qualification programs that provide training to ensure that individuals performing covered tasks have the necessary knowledge and skills to perform the tasks in a manner that ensures safe pipeline operations;
• Establishes §§ 192.805(i) and 195.505(i) to require that if a pipeline operator significantly modifies a program that has been verified by OPS, the pipeline must notify OPS or a participating state agency of the modifications so that they can be reviewed and verified.

With respect to observation of on-the-job performance as the sole method of employee evaluation, OPS stated that if an operator would like OPS to determine that observation of on-the-job performance is the best method of evaluating a particular task, the operator may file a petition for rulemaking. Moreover, interstate pipeline operators under the direct regulation of OPS may petition for a waiver to allow observation of on-the-job performance as the sole method of evaluation. Intrastate pipeline operators may request waivers from the pertinent state regulatory agency. OPS stated, however, that it would like to avoid making determinations on a case-by-case basis, and is interested in establishing criteria to identify those covered tasks for which observation of on-the-job performance is the best method of evaluation. To that end, OPS is continuing its work with the American Society of Mechanical Engineers (ASME) to create a national consensus standard on qualification of operator personnel. For additional information, see http://www.vnf.com/content/articles/alert020405.htm.

Finally, with respect to the new notification requirements for significant program modifications, OPS emphasized that such notices may be provided by e-mail or telephone, so that any change can be reviewed in advance of routine program reviews.