U' S' Department of Transportation

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U' S' Department of Transportation

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... Affairs on behalf of your constituent, Mr. Roy Farrow of Troy, Illinois. ... Mr. Farrow has concerns regarding the clearing of pipeline rights-of-way. ... – PowerPoint PPT presentation

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Title: U' S' Department of Transportation

1

U. S. Department of Transportation
Pipeline and Hazardous Materials Safety
Administration
www.dot.gov
2
DOT (PHMSA) Pipeline Right-of-Way Maintenance
Why Now?
Restoring TrustIn Pipeline SafetyNew Orleans,
LANovember 2, 2006

Harold Winnie Community Assistance Technical
Services (CATS) ManagerCentral Region
3
Regulations

192.613 Continuing Surveillance.
192.705 Transmission lines Patrolling.
195.412 Inspection of rights-of-way and
crossings under navigable waters
192.901 Subpart O- Pipeline Integrity
Management
195.452 Pipeline integrity management in high
consequence areas.

4
192.613 Continuing Surveillance.

(a) Each operator shall have a procedure for
continuing surveillance of its facilities to
determine and take appropriate action concerning
changes in class location, failures, leakage
history, corrosion, substantial changes in
cathodic protection requirements, and other
unusual operating and maintenance conditions.
(b) If a segment of pipeline is determined to be
in unsatisfactory condition but no immediate
hazard exists, the operator shall initiate a
program to recondition or phase out the segment
involved, or, if the segment cannot be
reconditioned or phased out, reduce the maximum
allowable operating pressure in accordance with
192.619 (a) and (b).

5
Continuing Surveillance

Thank you for sending use information about using
aerial video taping to assist in compliance with
some of the gas pipeline safety standards in 49
CFR Part 192.
Most of the Part 192 standards are written in
performance language. Such language does not
specify how the standards are to be met. Rather,
it allows pipeline operators to use whatever
means are suitable to achieve compliance,
including aerial video taping.
We believe aerial video taping would be an
acceptable part of the process of complying with
the standards you discussed. Keep in mind,
however, that actual compliance cannot be
foretold. It is determined by our enforcement
personnel, or those of State agencies, after
inspecting and analyzing individual pipeline
operations.

6
192.705 Transmission lines Patrolling.

(a) Each operator shall have a patrol program to
observe surface conditions on and adjacent to the
transmission line right-of-way for indications of
leaks, construction activity, and other factors
affecting safety and operation.
(b) The frequency of patrols is determined by
the size of the line, the operating pressures,
the class location, terrain, weather, and other
relevant factors, but intervals between patrols
may not be longer than prescribed in the
following table
(c) Methods of patrolling include walking,
driving, flying or other appropriate means of
traversing the right-of-way.

7
192.705 Transmission lines Patrolling. (Cont.)

Class location
of line
1,2
3
4

Maximum interval between patrols
At highway and At all other places
railroad crossings
7 1/2 months 15 months
4 1/2 months 7 1/2 months
4 1/2 months 4 1/2 months

8
195.412 Inspection of rights-of-way and
crossings under navigable waters.

(a) Each operator shall, at intervals not
exceeding 3 weeks, but at least 26 times each
calendar year, inspect the surface conditions on
or adjacent to each pipeline right-of-way.
Methods of inspection include walking, driving,
flying or other appropriate mean of traversing
the right-of-way.
(b) Except for offshore pipelines, each operator
shall, at intervals not exceeding 5 years,
inspect each crossing under a navigable waterway
to determine the condition of the crossing.

9
Section 195.412 Inspection of rights-of-way and
crossings under navigable waters.

Section 195.412(a) requires an operator, at
intervals not exceeding 3 weeks, but at least 26
times each calendar year, to inspect the surface
conditions on or adjacent to each pipeline
right-of-way. Because some surface condition
activities that affect the safety and operation
of pipelines are more visible from aerial patrols
than from walking or driving the right-of-way,
RSPA proposed that the section be changed to
clarify that aerial patrols are an optional
method of compliance. No comments were received
regarding the change and the THLPSSC voted 10 to
0 in favor of the change (5 members did not
vote). Accordingly, the change to 195.412(a) is
adopted as proposed.

192.901 Subpart O- Pipeline Integrity
Management

(a) General requirements. An operator must take
additional measures beyond those already required
by Part 192 to prevent a pipeline failure and to
mitigate the consequences of a pipeline failure
in a high consequence area. An operator must base
the additional measures on the threats the
operator has identified to each pipeline segment.
(See 192.917) An operator must conduct, in
accordance with one of the risk assessment
approaches in ASME/ANSI B31.8S (ibr, see
192.7), section 5, a risk analysis of its
pipeline to identify additional measures to
protect the high consequence area and enhance
public safety. Such additional measures include,
but are not limited to, installing Automatic
Shut-off Valves or Remote Control Valves,
installing computerized monitoring and leak
detection systems, replacing pipe segments with
pipe of heavier wall thickness, providing
additional training to personnel on response
procedures, conducting drills with local
emergency responders and implementing additional
inspection and maintenance programs.

12
192.923 How is direct assessment used and for
what threats?

(a) General. An operator may use direct
assessment either as a primary assessment method
or as a supplement to the other assessment
methods allowed under this subpart. An operator
may only use direct assessment as the primary
assessment method to address the identified
threats of external corrosion (ECDA), internal
corrosion (ICDA), and stress corrosion cracking
(SCCDA).
(b) Primary method. An operator using direct
assessment as a primary assessment method must
have a plan that complies with the requirements
in--
(1) ASME/ANSI B31.8S (ibr, see 192.7), section
6.4 NACE RP0502-2002 (ibr, see 192.7) and
192.925 if addressing external corrosion (ECDA).
(2) ASME/ANSI B31.8S, section 6.4 and appendix
B2, and 192.927 if addressing internal
corrosion (ICDA).
(3) ASME/ANSI B31.8S, appendix A3, and 192.929
if addressing stress corrosion cracking (SCCDA).
(c) Supplemental method. An operator using
direct assessment as a supplemental assessment
method for any applicable threat must have a plan
that follows the requirements for confirmatory
direct assessment in 192.931.

13
192.919 What must be in the baseline
assessment plan?

An operator must include each of the following
elements in its written baseline assessment plan
(a) Identification of the potential threats to
each covered pipeline segment and the information
supporting the threat identification. (See
192.917.)
(b) The methods selected to assess the integrity
of the line pipe, including an explanation of why
the assessment method was selected to address the
identified threats to each covered segment. The
integrity assessment method an operator uses must
be based on the threats identified to the covered
segment. (See 192.917.) More than one method
may be required to address all the threats to the
covered pipeline segment
(c) A schedule for completing the integrity
assessment of all covered segments, including
risk factors considered in establishing the
assessment schedule
(d) If applicable, a direct assessment plan that
meets the requirements of 192.923, and
depending on the threat to be addressed, of
192.925, 192.927, or 192.929 and
(e) A procedure to ensure that the baseline
assessment is being conducted in a manner that
minimizes environmental and safety risks.

192.935 What additional preventive and
mitigative measures must an operator take to
protect the high consequence area?

195.452 Pipeline integrity management in high
consequence areas.

Thank you for your recent letter addressed to the
office of Congressional Affairs on behalf of your
constituent, Mr. Roy Farrow of Troy, Illinois.
Your letter has been referred to the Research and
Special Programs Administration (RSPA) for a
reply. RSPA is the agency within the Department
of Transportation responsible for regulating the
safety of gas and hazardous liquid pipelines.
Mr. Farrow has concerns regarding the clearing of
pipeline rights-of-way. The Department's
Pipeline Safety Regulations (49 CFR - 192.705 and
195.412) require pipeline operators to inspect
the surface condition of their rights-of-way for
leaks and activities that could affect pipeline
safety. Since the regulations do not specify the
means by which inspections are to be carried out,
operators may use either aerial or ground
patrols.
The regulations do not require that trees be
removed or that rights-of-way be inspected from
the air. It is the position of the Department
that, if visual aerial inspections are used by
the operator to meet the requirements of the
regulations, the rights-of-way must be kept clear
of brush and trees. Normally, this is a matter
subject to negotiation in the rights-of-way
agreement between the pipeline companies and the
landowners involved.

Thank you for your letter to David Marks, Deputy
Assistant Secretary for Congressional Affairs,
concerning negotiations between the East Goshen
Conservancy Board and the Duke Energy
Corporation over Duke Energy's plan to cut trees
on its pipeline easement in East Goshen Township.
Your letter has been referred to the Research and
Special Programs Administration(RSPA) for
response. RSPA is responsible for administering
the Federal pipeline safety program.
As stated in the incoming correspondence, Duke
Energy plans to cut down trees to facilitate
routine
inspection of its easement by aerial patrol. It
also wants to remove trees to make it easier for
large
equipment to gain access to the easement for
normal maintenance and emergency response.
Pipeline operated by Duke Energy are subject to
the safety regulations of the Department of
Transportation. These regulations require
pipeline operators to patrol their easements for
signs of leaks and construction activity.
Although it is not a federal requirement to keep
the right-of
way is clear. However, federal regulations do
not give operators a right to cut down trees on
their
pipeline easements. An operator's authority to
cut down trees is subject to private agreements
with
landowners and to any local land use controls.

You stated that Buckeye Pipe Line Company plans
to remove some large trees on your property, and
that Buckeye maintained that cutting the trees
was necessary to comply with a Federal regulation
so that the right-of-way can be better seen from
the air.
The Federal safety regulations governing liquid
pipelines are 49 CFR Part. Judging from your
letter, the applicable section of Part 195 is
section 195.412 "Inspection of right-of-way and
crossings under navigable waters" which states in
subsection (a) "Each carrier shall, at intervals
not exceeding two weeks, inspect the surface
conditions on or adjacent to each pipeline
right-of-way." Please note that this regulation
does not require that trees be removed or that
the right-of-way be inspected from the air.
Therefore, the growth of trees on pipeline
rights-of-way is not covered by the Federal
regulations. It normally is a matter subject to
negotiation in the right-of-way agreement between
the pipeline companies and any landowners
involved.

I am responding to your request for consideration
of the pipeline right-of-way matter involving
landowners, Byron L. Brown and Juanita M. Brown.
While we are sympathetic to any disagreement
concerning the rights of landowners in relation
to those of easement owners, the solution is
largely a matter of state and local law.
In regard to the landowners' specific concerns,
the Department of Transportation's Office of
Pipeline Safety (OPS) has looked into this matter
and advised me that Exxon has three crude oil
pipelines crossing the Browns' property and that
the trees on the easement have been cut down, but
not fully removed from the property. The federal
pipeline safety standards require all operators,
to "...inspect the surface conditions on or
adjacent to each pipeline right-of-way." The
purpose of these inspections is to locate any
pipeline leaks and to detect excavation activity
which could affect the safe operation of the
pipeline. The federal standards allow operators
to choose the manner of inspection. Exxon, as
have most operators, has chosen air surveillance.
Thus, it is necessary to observe the ground in
the vicinity of the pipeline from the air. OPS
does not require that the surveillance be by air
or that any specific width be clear-cut, only
that the method of surveillance chosen and its
implementation allow the surface condition to be
adequately surveyed. Exxon has advised OPS that,
due to the number of miles of pipeline in their
system, air patrol is the most economical method
available to meet the federal requirement for
inspection of rights-of-way.
In addition to the patrolling requirements,
federal rules require that Exxon must maintain
and repair its pipelines at all times to protect
the public safety. Exxon advised OPS that the
tree roots here may threaten the integrity of its
pipelines. They believe, and we agree, that tree
roots can damage pipe coating and diminish the
effectiveness of the corrosion control system,
which is required for safety by federal law.

Mr. Farrow has concerns regarding the clearing of
pipeline rights-of-way. The Department's
Pipeline Safety Regulations (49 CFR - 192.705 and
195.412) require pipeline operators to inspect
the surface condition of their rights-of-way for
leaks and activities that could affect pipeline
safety. Since the regulations do not specify the
means by which inspections are to be carried out,
operators may use either aerial or ground
patrols.
The regulations do not require that trees be
removed or that rights-of-way be inspected from
the air. It is the position of the Department
that, if visual aerial inspections are used by
the operator to meet the requirements of the
regulations, the rights-of-way must be kept clear
of brush and trees. Normally, this is a matter
subject to negotiation in the rights-of-way
agreement between the pipeline companies and the
landowners involved.

This responds to your petition P-45 dated January
26, 1991, requesting the revision of 49 CFR
195.412(a) to prohibit aerial inspections of
pipeline rights-of-way in areas with population
densities greater than 1000 people per square
mile. You feel that low altitude flights at the
required inspection frequency in such populated
areas are ineffectual and present noise and other
dangers of their own to public safety.
Section 195.412(a) of the Hazardous Liquid
Pipeline Safety Regulations states "Each
operator shall, at intervals not exceeding 3
weeks, but at least 26 times each calendar year,
inspect the surface conditions on or adjacent to
each right-of-way." This standard permits the
pipeline operator to select an appropriate method
of implementation.
The use of airplanes and helicopters to perform
these inspections complies with the regulation.
Aerial inspections are an established industry
practice and we consider such inspections to be
an effectual way to disclose excavation
activities on either side of the right-of-way
that occasionally extend to the pipelines within
the right-of-way. Checking for excavation
activities is an important part of the
inspection, because excavation activities, or
"dig-ins," are the leading cause of damage to
underground pipelines.

Duke Energy may want to remove the trees to
minimize the possibility that tree roots will
damage the pipeline or pipeline coating. It may
also want to remove the trees to facilitate
routine patrolling of the easement.
Pipelines operated by Duke Energy are subject to
the safety regulations of Title 49 CFR Parts
190-199 (enclosed). These regulations require
operators to patrol their pipeline easements for
signs of leaks and construction activity.
However, the regulations do not require operators
to keep their easements free of trees to make
patrolling easier or to minimize the possibility
of damage by tree roots, nor do the regulations
give pipeline operators a right to remove trees
on their pipeline easements. The authority of an
operator to remove trees is subject to private
agreements with landowners and to any local land
use controls. Although, aerial surveillance is
usually the most practical method of patrolling,
in areas where an easement is concealed by trees
or large bushes, a pipeline operator may observe
conditions on the easement by walking or driving
along the easement.