Articles

HISTORY OF PIPELINE SAFETY REGULATIONS

By Cesar de Leon, P.E.

REGULATIONS AND INTERPRETATIONS

Part 195 was adopted in 1967 and Part 192 was adopted in 1968 based on the ANSI (later ASME) Code B31.4 and B31.8, respectively. The regulations have been revised (amended) many times thereafter as risk-based regulations under rigorous procedures in the federal Administrative Procedures Act that include discussions with industry and the public at public meetings, economic analyses to assure that the benefits outweigh the costs, publication of proposed rules and adoption of appropriate comments, and review and vote by the TPSSC and THLPSSC, as appropriate, to assure feasible and reasonable regulations. The revisions were based on OPS identification of problems that required regulatory solutions, petitions for revisions from the industry and the public, recommendations from the National Transportation Safety Board, updating for advancing pipeline technology, updating of referenced industry standards, and mandates from Congressional legislation.

Sometimes the regulatory process begins with an Advance Notice of Proposed Rulemaking where OPS discussed a pipeline problem in public meetings or requested information from the public on possible approaches to solve the problem. A proposed rule is first published as a Notice of Proposed Rulemaking (NPRM) inviting comments to the proposed rule. Public meetings, if needed, are then convened to gain further information. After incorporating appropriate comments, the Final Rule, or Amendment, to the regulations, are then published. After the Final Rule is published, the industry or public may petition for a revision or recision of the Final Rule.

The Regulations. The regulations in Part 192 and part 195 are minimum, performance-based regulations that provide the pipeline owner and operator the flexibility to tailor and augment the regulatory standards to fit the pipe characteristics and pipeline location. Most of the regulations set the safety goal to attain, and provide the pipeline operator the flexibility to attain the goal. Such pipe characteristics as age, material, pipe manufacturer, corrosion protection, welding code, and other pertinent characteristics are considerations in determining pipeline requirements. In addition, such pipe location data as environmentally sensitive areas, population density, terrain, and other factors are considerations in determining pipeline requirements. Sound and competent engineering judgment are always paramount in applying the regulations.

To better understand each regulation, it is sometimes helpful to review the discussion in the preamble in the NPRM and Final Rule of each section of the regulation, whenever they were published. It is important to note that the Operations and Maintenance Plans developed by the pipeline operators in accordance with the federal regulations must conform to the unique requirements of each pipeline system and often exceed federal requirements.

Because of the performance nature of the regulations, i.e., the lack of specificity in most of the regulations, the OPS in Washington, D.C. has responded in writing to over 1,000 inquiries regarding questions on the regulations. In addition, there have been many more interpretations and opinions from state and federal inspection and enforcement personnel. It should also be noted, that because of the performance nature of the regulations, advances in pipeline technology may also effect the application of a regulation from an earlier interpretation.

In addition to using these standards, the GPTC "Guide for Gas Transmission and Distribution Piping Systems" and the ASME B31.8 Code "Gas Transmission and Distribution Piping Systems" provide guidance in establishing standards for a pipeline system. The GPTC Guide provides a "how-to" guide on complying with each of the regulations, while the ASME B31.8 Code is the industry standard for the design, construction, operation, and maintenance of gas pipelines.

A Risk Management program, when approved by OPS, will allow an operator to develop standards specific to a pipeline, taking into consideration the probability of a failure and the consequences of the failure. The Risk Management plan of a pipeline will achieve superior safety and environmental protection than the regulations.

Furthermore, as set forth in "Disclaimers" in WinDOT, it is helpful to note that:

- Each interpretation contained in WinDOT was based on a fact-specific situation and may not apply to another situation with differing facts.

- An interpretation may no longer be valid if the referenced regulation has been revised.

- Errors may have been made in transcribing the written interpretations to electronic format.

WinDOT WinDOT is a complete reference program on pipeline safety. Using CD ROM’s, e-mail, disks, and the Internet, subscribers to WinDOT can update their files daily directly from the website, making WinDOT the most current and complete reference available. WinDOT includes a historical record and text of the revisions to the federal and state pipeline safety regulations, interpretations clarifying the regulations issued by OPS and state agencies, the GPTC Guide, ASME B31.4 and B31.8 industry codes, Minerals Management Service regulations pertaining to offshore production lines, Risk Management documents, and other pertinent pipeline safety material. The text of the NPRM’s will also be included soon. WinDOT also includes the Alert Bulletins, a notice of a situation of immediate safety concern, and Advisory Bulletins, an advisory not of immediate safety concern.

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