Damage Prevention Update and Damage Prevention Rulemaking

1. Sam Hall U.S. DOT/PHMSA (804) 556-4678 sam.hall@dot.gov Damage Prevention Update and Damage Prevention Rulemaking U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration

2. Damage Prevention Initiatives • PHMSA’s 811 Campaign • Characterization Tool and state damage prevention law summary • State Damage Prevention Grants • Enforcement Rule • Other damage prevention efforts

3. DOT/PHMSA and 811: Background • DOT and 811…. • Instrumental in working with FCC to secure 811 • Funding to CGA for original campaign • 2010 – present: letters to each state Governor, State Agency Chiefs, Pipeline Safety Program Managers, and National Trade Associations encouraging support of Safe Digging Month, web messages, blogs, Congressional resolutions, presentations

4. DOT 811 Campaign • Secretary LaHood supports the 811 message • PHMSA is a safety organization; 811 is a critical safety message • CGA 2010 Awareness Survey results showed room for growth in 811 campaign, DOT should help in this effort • New resources (i.e. funding) dedicated to ramping up DOT support of 811 • Approach: Campaign must incorporate a strong safety message, be considered a DOT campaign but complement CGA campaign and use appropriate CGA materials

5. 811 Campaign Elements • Production, distribution and measurement of Public Service Announcement • Avoid a “Grimm” Situation: Call Before You Dighttp://youtu.be/db_BtTdrWrI • Event to announce the PSA, other support such as social media postings, YouTube video, etc. • Internal: 811 Promise, monthly 811 messages on web sites, posters in HQ buildings, Secretary blogs, etc. • Partnerships: identifying potential partners to raise awareness – emergency responder organizations, FFA, etc.

6. Characterizing State Damage Prevention Programs • Characterization Tool • PHMSA has documented implementation of the nine elements of effective damage prevention programs at the state level • State damage prevention laws and regulations • PHMSA has documented what state damage prevention laws and regulations require of damage prevention stakeholders

7. Characterization Tool Resultshttp://primis.phmsa.dot.gov/comm/SDPPC.htm

8. State DP Law Summaryhttp://primis.phmsa.dot.gov/comm/DamagePreventionSummary.htm

9. State Damage Prevention Grants • Since 2008, we have awarded over $6 million to 30 states • SDP grants are available to state authorities designated by governor as eligible recipients • Grants to help states align with one or more of 9 elements • Competitive • $1.5 annual budget • $100,000 maximum per state • 2012 awards are pending

10. Pipeline Damage Prevention Programs NPRM • Title: “Pipeline Damage Prevention Programs” • Docket No. PHMSA-2009-0192, www.regulations.gov • PHMSA video on the NPRM: • http://www.phmsa.dot.gov/pipeline/regs • Comment period closed July 9, 2012 • Final rule by end of 2013?

11. History • Pipeline Inspection, Protection, Enforcement and Safety (PIPES) Act of 2006 • Heavy focus on preventing excavation damage to pipelines (a leading cause of serious pipeline incidents) • New limited enforcement authority for PHMSA pertaining to excavators who damage pipelines in states with inadequate damage prevention enforcement programs • Advance Notice of Proposed Rulemaking (ANPRM) published on this subject October 29, 2009 • http://www.regulations.gov, Docket ID PHMSA-2009-0192

12. Intent of the NPRM • Every state has an excavation damage prevention law, but no two laws are identical (see http://primis.phmsa.dot.gov/comm/DamagePrevention.htm) • Some states do not adequately enforce their damage prevention laws • Effective enforcement reduces excavation damage rates The proposed rule is intended to accomplish the following: • Reduce excavation damage to pipelines • Encourage states to adopt effective, balanced damage prevention law enforcement programs • Provide “backstop” Federal enforcement authority in states that lack adequate enforcement programs

13. Intent of the NPRM NPRM seeks to revise Pipeline Safety Regulations to: • Establish criteria and procedures for determining adequacy of state pipeline excavation damage prevention law enforcement programs • Establish the administrative process for making adequacy determinations • Establish the Federal requirements PHMSA will enforce in states with inadequate enforcement programs • Establish the adjudication process for administrative enforcement proceedings against excavators where Federal authority is exercised

14. Criteria for Adequate Enforcement(see NPRM for complete language) • Does the state have enforcement authority with civil penalties? • Has the state designated an agency or other body as the responsible enforcement authority? • Is the state using its enforcement authority and making information publicly available that demonstrates the effectiveness of enforcement? • Does the state have a reliable mechanism for learning about excavation damage? • Does the state use damage investigation practices that are adequate to determine the at-fault party?

15. Criteria for Adequate Enforcement(see NPRM for complete language) • Does the state’s damage prevention law require: • Excavators must call the one-call before excavating; • Excavators may not excavate in disregard of the marked location of pipelines; • An excavator who causes damage to a pipeline: • Must report the damage to the owner/operator of the pipeline, and; • Must call 911 or another emergency telephone number if the damage results in a release. • Does the state limit exemptions for excavators from its excavation damage prevention law?

17. Federal Requirements for Excavators(see NPRM for complete language) Before commencing excavation activity, excavators must: • Call an available one-call system to notify pipeline operators of the timing and location of intended excavation; • If pipelines exist in the area, wait for the operator(s) to arrive at the excavation site and mark the location of the pipeline(s); • Excavate with proper regard for the marked location of the pipeline(s) and take all practicable steps to prevent excavation damage to the pipeline, and; • Make additional use of the one-call as necessary.

18. Federal Requirements for Excavators(see NPRM for complete language) • If a pipeline is damaged in any way by excavation activity, excavator must report the damage to the pipeline operator, whether or not a leak occurs • If a damage causes release of flammable, toxic, or corrosive gas or liquid that may endanger life or cause serious bodily harm or damage to property or the environment, excavator must call 911 • Homeowners using only hand tools, as opposed to mechanized excavating equipment, on their own property are exempt from these requirements.

19. Other Damage Prevention Efforts • Incident/leak/damage data • Emergency Responder outreach • Meetings with trade associations • Presentations at events, participation in stakeholder meetings, provide letters, serve as a resource to the states • Reauthorization • Exemption study to be completed in two years • Eliminates grant funding for states with certain exemptions

20. Thank YouSam Hall(804) 556-4678sam.hall@dot.gov http://primis.phmsa.dot.gov/comm/DamagePrevention.htm