2013 Liquid Pipeline Advisory Committee Meeting Arlington, Virginia

1. 2013 Liquid Pipeline Advisory Committee MeetingArlington, Virginia Facility Response Plan Program Update August 8, 2013 Alan Mayberry

2. Agenda • Picking Up from Last Year • NTSB Recommendations • FRP Program Initiatives • Enbridge Chicago Zone Plan

3. Last Year: Path Forward • PHMSA will: • Examine NTSB response plan findings and recommendations. • Continue improvement of plan review practices. • Consider if better alignment with EPA and USCG plan standards is needed. • Better integrate oil spill plan responsibilities and Pipeline Safety Inspection Program.

4. NTSB RecommendationsJuly 25, 2012 • P-12-1 Audit the Pipeline and Hazardous Materials Safety Administration’s onshore pipeline facility response plan program’s business practices, including reviews of response plans and drill programs, and take appropriate action to correct deficiencies. • P-12-2 Allocate sufficient resources as necessary to ensure that the Pipeline and Hazardous Materials Safety Administration’s onshore pipeline facility response plan program meets all of the requirements of the Oil Pollution Act of 1990.

5. NTSB RecommendationsJuly 25, 2012 • P-12-9 Amend Title 49 Code of Federal Regulations Part 194 to harmonize onshore oil pipeline response planning requirements with those of the U.S. Coast Guard and the U.S. Environmental Protection Agency for facilities that handle and transport oil and petroleum products to ensure that pipeline operators have adequate resources available to respond to worst-case discharges.

6. NTSB Recommendations • P-12-9 (Harmonization of PHMSA plan regulations with USCG and EPA regulations) • PHMSA initiated improvement plan to its response plan activities in early 2010 - before Deepwater Horizon or Marshall, MI incident. • PHMSA increased plan review staff, requested $$$ for regional staff and IT support - not enacted • PHMSA Working with EPA, BSSE, USCG on several fronts • PREP exercises and Response Resources Inventory • Multi agency effort in Enbridge plan review

7. NTSB Recommendations • P-12-10 Issue an advisory bulletin to notify pipeline operators (1) of the circumstances of the Marshall, Michigan, pipeline accident, and (2) of the need to identify deficiencies in 3 facility response plans and to update these plans as necessary to conform with the nonmandatory guidance for determining and evaluating required response resources as provided in Appendix A of Title 49 Code of Federal Regulations Part 194, “Guidelines for the Preparation of Response Plans.” Issue ADB soon, in 2013

8. Facility Response ProgramInitiatives • Revision of process to better receive, catalog and track Facility Response Plan (FRP) inventory • Additional staff assigned, hired and contracted • FRP review procedures standardized • Increase outreach, coordination and cooperation with partner agencies and the response community • Work with operators and plan writers to ensure their plans meet or exceed regulations • Approve plans that meet requirements and make them available to the public

9. PHMSA Oil Spill Preparedness & Response Initiatives • Program Steady State by 2/2014 • Addressing FOIA requests a priority • Drill Participation: YTD: 30; 2012: 48

10. PST FOIA Actions(Michigan and Washington Plans) * Plan has been fully reviewed. The operator must revise the plan before it can be approved and released.

11. Enbridge Chicago Zone Plan • Plan developed in the aftermath of the Marshall, MI incident • Enbridge engaged several consultants to improve response plan contents • Worst Case Discharge calculations and validation • Expanded Response Resources and capabilities • Integration of response information • Conducted company-wide tabletop exercise

12. Enbridge Chicago Zone Plan • PHMSA conferred with operator and consultants during winter 2012-13 • Enbridge revised and submitted the improved plan to PHMSA • PHMSA circulated to USCG, EPA and National Energy Board of Canada • Plan is publicly posted on PHMSA website • An example of improvements realized in recent years • See PHMSA Pipeline Shareholder Communications website – Plan available from operator section • http://primis.phmsa.dot.gov/comm/frp/Enbridge_Chicago_Region_ICP_Redacted_web_Redacted_8_13.pdf

13. Thank you!Alan K. Mayberry, P.E.202-366-5124alan.mayberry@dot.gov