In this article we will analyze recent PHMSA enforcement actions to help operators and field service vendors, who work on and operate PHMSA regulated pipelines, strengthen their compliance programs. In this issue, we'll cover several violations from the PHMSA Enforcement's online database related to incident reporting requirements, procedures for preventing accidental ignition sources, and the need for periodic procedure reviews.
Remember: Reading this newsletter is one thing. We encourage you to use our Punch-list Tips noted below each violation to review your programs, operations, and procedures to ensure your company is providing safe, reliable, and compliant operations!
Violation 1: Failure to Promptly Notify National Response Center (49 CFR 195.52(a))
The operator failed to notify the National Response Center (NRC) at the earliest practicable moment, but no later than one hour, after confirming a release of hazardous liquid that resulted in an unintentional fire or explosion. In this case, a release and fire occurred around 5:00 pm, but the NRC report was not called in until over 67 hours later.
PSR Punch-list Tips:
- Keep updated hard copies of the Incident Reporting requirements (195.52) in all control rooms, digitally, on your persons, in your office, in the emergency response vehicles/trailers, and anywhere you can think of
- Ensure field personnel understand the 1-hour timeline for NRC notification starts from confirmed discovery of a release meeting the reporting criteria
- Train all contractors/personnel who could be first on-scene about who to immediately contact at your company regarding possible reportable incidents
- Review incident reporting procedures annually and retrain all personnel on the requirements
Violation 2: Lack of Procedures for Preventing Accidental Ignition Sources (195.402(c)(11))
The operator failed to have written procedures detailing 1) the proper use of mud plugs or other vapor barrier methods during tie-ins to prevent accidental ignition of vapors and 2) requirements for monitoring lower explosive limits (LEL) in any work areas where flammable vapors could accumulate. The investigation found the operator was allowing mud plugs and LEL monitoring to be used during tie-in work, but had no formal procedures covering these ignition source prevention methods.
PSR Punch-list Tips:
- Procedures must cover all methods used to prevent/mitigate accidental ignition sources per 195.402(c)(11)
- Include detailed steps on proper installation/removal of mud plugs and any other vapor barrier systems
- Specify when and where atmospheric monitoring (LEL, O2, etc.) must be conducted
- Define safe operating limits and required actions based on monitoring results
- Ensure monitoring equipment is available and inspection/calibration procedures are followed
Violation 3: Failure to Periodically Review Procedure Effectiveness (195.402(c)(13))
The operator failed to periodically review work done by personnel to determine if procedures for minimizing potential hazards from accidental ignition sources were effective, as required by 195.402(c)(13). PHMSA cited multiple past incidents involving accidental ignition of vapors, which indicated the operator's procedures in this area were deficient but had not been revised.
PSR Punch-list Tips:
- Implement a process to analyze all accidental releases, ignitions, injuries, etc. to identify root causes and follow through with corrective actions
- Any incidents related to ineffective procedures should trigger a procedure review/revision
- Establish routine periodic reviews of all O&M procedures, even without incidents occurring and be proactive
- Document procedure reviews and any revision details to demonstrate compliance - this shows your compliance inspectors you're on it!
Having detailed, updated procedures is essential, but they must also be effective at preventing/mitigating the hazards they cover. Make sure to regularly analyze performance and update procedures accordingly to drive continuous safety improvements.
As always, Premier Safety Resources is here for your pipeline safety consulting, training, and project management needs. Send an email to hello@psrok.com for any questions or to schedule a free consultation call. Click here to sign up for PSR's free newsletter, or visit our website here.