NTSB Safety Recommendation P-07-007

NTSB safety recommendation P-07-007.

TO THE PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION: Require in 49 Code of Federal Regulations 195.52 that a pipeline operator must have a procedure to calculate and provide a reasonable initial estimate of released product in the telephonic report to the National Response Center.

Priority: CLASS II

Overall Status: Closed - Acceptable Action

Issued Date: 2007-06-25

Adopted Date: 2007-06-14

Overall Date Closed: 2011-02-14

Synopsis: About 11:15 a.m. central daylight time on October 27, 2004, an 8-inch-diameter pipeline owned by Magellan Midstream Partners, L.P., (Magellan) and operated by Enterprise Products Operating L.P. (Enterprise) ruptured near Kingman, Kansas, and released approximately 4,858 barrels (204,000 gallons) of anhydrous ammonia. Nobody was killed or injured due to the release. The anhydrous ammonia leaked into a creek and killed more than 25,000 fish including some from threatened species. Enterprise reported that the cost of the accident was $680,715, including $459,415 for environmental remediation.

Probable Cause: The National Transportation Safety Board determines that the probable cause of the pipeline rupture near Kingman, Kansas, on October 27, 2004, was a pipe gouge created by heavy equipment damage to the pipeline during construction in 1973 or subsequent excavation activity at an unknown time that initiated metal fatigue cracking and led to the eventual rupture of the pipeline. Contributing to the severity of the accident was the pipeline controller’s failure to accurately evaluate available operating data and initiate a timely shutdown of the pipeline.

Ntsbnumber: DCA05MP001

Report Number: PAB-07-02

Addressee Name: PHMSA

Addressee Status: Closed - Acceptable Action

Addressee Date Closed: 2011-02-14

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2010-01-27

Communication Type: Official Correspondence

Communication Contents: The NTSB has reviewed the notice of proposed rulemaking titled Pipeline Safety: Updates to Pipeline and Liquefied Natural Gas Reporting Requirements, published in the Federal Register on July 2, 2009, that addresses these two recommendations. The NTSB is pleased that, as currently proposed, the rule (anticipated to be completed in spring 2010) will include a requirement that an operator must have a procedure to calculate and provide a reasonable initial estimate of the amount of released product and a requirement that an operator provide an additional telephonic report to the National Response Center if significant new information becomes available during the emergency response phase of a reported event. Accordingly, pending publication of the final rule, Safety Recommendations P-07-7 and -8 are classified OPEN -- ACCEPTABLE RESPONSE.

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2009-09-22

Communication Type: Official Correspondence

Communication Contents: The NTSB is pleased that PHMSA is modifying the hazardous liquid operator telephonic notification regulation to require operators to have a procedure to calculate and provide a reasonable initial estimate of released product and maintain a record of the procedure used. In addition, PHMSA intends to issue an NPRM modifying its requirement that operators provide an additional telephonic report to the NRC if significant new information becomes available during the emergency response phase. The NTSB notes that the NRC will give these telephonic updates a new report number and will provide reference to the old report number for tracking purposes, if such information is available. Pending publication of the final rules and the revised telephone reporting form, Safety Recommendations P-07-7 and -8 are classified OPEN -- ACCEPTABLE RESPONSE.

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2008-01-22

Communication Type: Official Correspondence

Communication Contents: The Safety Board is aware that current regulations require operators to notify PHMSA in writing about significant changes in accidents they have reported, and is pleased that PHMSA is examining solutions to obtain more accurate and timely information, including the feasibility of having operators provide both initial and updated estimates of released product in telephonic reports to the NRC. The Board notes that PHMSA is considering a requirement for the submission of updated information regarding the estimated amount of released product through PHMSA’s telephonic notification management system, which builds on the initial telephonic reports to the NRC. Because PHMSA is reviewing various options to implement the intent of the recommendations, Safety Recommendations P-07-7 and -8 are classified OPEN -- ACCEPTABLE RESPONSE.

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2011-02-14

Communication Type: Official Correspondence

Communication Contents: The NTSB has reviewed the final rulemaking titled “Pipeline Safety: Updates to Pipeline and Liquefied Natural Gas Reporting Requirements,” published at 74 Federal Register 31675 (November 26, 2010), which addresses these two recommendations. The NTSB is pleased that the rule (anticipated to be approved by the Office of Management and Budget on or about January 26, 2011) includes at 49 CFR 195.52, (b)(6), (c) and (d), respectively, a requirement that an operator have a procedure to calculate and provide a reasonable initial estimate of the amount of released product and a requirement that an operator provide an additional telephonic report to the NRC if significant new information becomes available during the emergency response phase of a reported event. Accordingly, Safety Recommendations P-07-7 and -8 are classified CLOSED – ACCEPTABLE ACTION.

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2007-10-29

Communication Type: Official Correspondence

Communication Contents: Letter Mail Controlled 10/29/2007 12:02:52 PM MC# 2070611: 10-23-07: - From Stacey L. Gerard, Assistant Administrator and Chief Safety Officer: Regarding NTSB Safety Recommendations P-07-07 and P-07-08, PHMSA is examining possible solutions to obtain more accurate and timely information. PHMSA regulations now require operators to notify PHMSA in writing about significant changes in accidents they have reported. PHMSA is exploring the feasibility of having operators provide both initial and updated estimates of released product in telephonic reports to the NRC. This approach would require us to first modify our contract and funding arrangements with the NRC. Another approach PHMSA is considering would be to require submission of updated information on the estimated amount of released product through PHMSA’s telephonic notification management system, which builds on the initial telephonic reports to the NRC. PHMSA is still considering the logistical and regulatory challenges of these approaches and looking for other solutions to address NTSB’s recommendations. PHMSA anticipates providing a more detailed response in the near future.

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2008-12-08

Communication Type: Official Correspondence

Communication Contents: Letter Mail Controlled 12/10/2008 3:05:08 PM MC# 2080723: - From Rick Kowalewski, Acting Assistant Administrator and Chief Safety Officer: Safety recommendation P-07-07 asked that PHMSA require (in 49 CFR 195.52) that a pipeline operator must have a procedure to calculate and provide a reasonable initial estimate of released product in the telephonic report to the National Response Center. Safety recommendation P-07- 08 asked that PHMSA require (in 49 CFR 195.52) that a pipeline operator must provide an additional telephonic report to the National Response Center if significant new information becomes available during the emergency response. PHMSA is modifying the hazardous liquid operator telephonic notification regulation to require operators to have a procedure to calculate and provide a reasonable initial estimate of released product and maintain a record of the procedure used. We are also modifying the regulation to require operators to provide an additional telephonic report to the National Response Center if significant new information becomes available during the emergency response phase. The National Response Center will give these telephonic updates a new report number and if available will provide reference to the old report number for tracking purposes. PHMSA anticipates having the rule out for public comment in December 2008.

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2009-08-07

Communication Type: Official Correspondence

Communication Contents: Letter Mail Controlled 8/13/2009 11:50:55 AM MC# 2090517: - Cynthia Douglass, Acting Deputy Administrator: Thank you for your January 22,2008 letter, in part addressing the National Transportation Safety Board (NTSB) Recommendations P-07-07 and P-07-08, in which you noted that the Board was pleased that the Pipeline and Hazardous Materials Safety Administration (PHMSA) is examining solutions to obtain more accurate and timely information, including the feasibility of having operators provide both initial and updated estimates of released product in telephonic reports to the National Response Center (NRC). Safety Recommendations P-07-07 and P-07-08 were issued to PHMSA in response to the NTSB's investigation of an October 27,2004 hazardous liquid pipeline rupture that occurred near Kingman, Kansas. The NTSB recommended that PHMSA require an operator to have a procedure to calculate and provide a reasonable initial estimate of released product in the telephonic report to the NRC and require an operator to provide an additional telephonic report to the NRC if significant new information becomes available during the emergency response. PHMSA issued a Notice of Proposay Rulemaking (Federal Register /Vol. 74 No. 126/Thursday July 2,2009) titled "Pipeline Safety: Update to Pipeline and Liquefied Natural Gas Reporting Requirements" that addresses these two recommendations. We anticipate a Final Rule by Spring 2010. Included in the NPRM is the requirement that an operator must have written procedure to calculating and provide resonable initial estimate of the amount of released product. Also contained in the NPRM is the requirement that an operator must provide an additional telephonic report to the NRC if significant new information becomes available during the emergency response phase of a reported event. We take our responsibilities to the NTSB seriously and, as we hope this letter documents, we are making good progress on implenting the Board's recommendations. Based oh thk above PHMW action, this letter request the status of Safety Recommendations P-07-07 and P07-08 stay classified as "Open Acceptable Action."

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2010-12-08

Communication Type: Official Correspondence

Communication Contents: CC# 201100004: - From Cynthia Douglass, Assistant Administrator/ Chief Safety Officer: I am sending you this letter in response to the National Transportation Safety Board's (NTSB) safety recommendations P-07-7 and P-07-8 issued to the Pipeline and Hazardous Materials Safety Administration (PHMSA) on June 25, 2007 in response to the NTSB's investigation of an October 27, 2004 hazardous liquid pipeline rupture that occurred near Kingman, Kansas. The NTSB recommended that PHMSA require an operator to have a procedure to calculate and provide a reasonable initial estimate of release product in the telephonic report to the National Response Center (NRC) (P-07-7) and require an operator to provide an additional telephonic report to the NRC if significant new information becomes available during the emergency response (P-07-8). PHMSA issued a Notice of Proposed Rulemaking (Federal Register Vol. 74, No. 126 Thursday, July 2, 2009) titled "Pipeline Safety: Updates to Pipeline and Liquefied Natural Gas Reporting Requirements" that addresses these two recomn1endations. A final Federal Register notice (75 FR 72878) was published November 26, 2010, and the Office of Management and Budget is expected to approve the rule within 60 days of publication. A copy of the notice is enclosed. PHMSA takes the safety recommendations from the NTSB seriously and is focused on fulfilling the requirements of these two recommendations. Through this final rule, we have implemented the changes recommended from NTSB safety recommendations P-07-7 and P-07-8 and therefore requests the classification ofthe two recommendations be changed to "Closed-Acceptable Action."