# NTSB Safety Recommendation P-12-004 - **operation:** document - **citation:** P-12-004 - **title:** NTSB Safety Recommendation P-12-004 - **source type:** guidance - **agency:** National Transportation Safety Board - **status:** guidance - **official:** true - **published on:** 2012-07-25 - **effective on:** 2012-07-25 - **summary:** TO THE PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION: Revise Title 49 Code of Federal Regulations 195.452(h)(2), the “discovery of condition,” to require, in cases where a determination about pipeline threats has not been obtained within 180 days following the date of inspection, that pipeline operators notify the Pipeline and Hazardous Materials Safety Administration and provide an expected date when adequa - **machine formats:** - **json:** https://regulus.evalyn.ai/document/ntsb-recommendation-p-12-004.json - **markdown:** https://regulus.evalyn.ai/document/ntsb-recommendation-p-12-004.md - **app url:** https://regulus.evalyn.ai/document/ntsb-recommendation-p-12-004 - **source url:** https://data.ntsb.gov/carol-main-public/sr-details/P-12-004 **body:** NTSB safety recommendation P-12-004. TO THE PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION: Revise Title 49 Code of Federal Regulations 195.452(h)(2), the “discovery of condition,” to require, in cases where a determination about pipeline threats has not been obtained within 180 days following the date of inspection, that pipeline operators notify the Pipeline and Hazardous Materials Safety Administration and provide an expected date when adequate information will become available. Priority: CLASS II Overall Status: Closed - Acceptable Action Issued Date: 2012-07-25 Adopted Date: 2012-07-10 Overall Date Closed: 2020-01-23 Synopsis: On Sunday, July 25, 2010, about 5:58 p.m., eastern daylight time, a segment of a 30-inch-diameter pipeline (Line 6B), owned and operated by Enbridge Incorporated (Enbridge) ruptured in a wetland in Marshall, Michigan. The rupture occurred during the last stages of a planned shutdown and was not discovered or addressed for 17 hours. During the time lapse, Enbridge twice pumped additional oil (81 percent of the total release) into Line 6B during two startups; the total release was estimated to be 843,444 gallons of crude oil. The oil saturated the surrounding wetlands and flowed into the Talmadge Creek and the Kalamazoo River. Local residents self-evacuated from their houses, and the environment was negatively affected. Cleanup efforts continue as of the adoption date of this report, with continuing costs exceeding $767 million. About 320 people reported symptoms consistent with benzene exposure. No fatalities were reported. Probable Cause: The National Transportation Safety Board (NTSB) determines that the probable cause of the pipeline rupture was corrosion fatigue cracks that grew and coalesced from crack and corrosion defects under disbonded polyethylene tape coating, producing a substantial crude oil release that went undetected by the control center for over 17 hours. The rupture and prolonged release were made possible by pervasive organizational failures at Enbridge Incorporated (Enbridge) that included the following: Deficient integrity management procedures, which allowed well-documented crack defects in corroded areas to propagate until the pipeline failed. Inadequate training of control center personnel, which allowed the rupture to remain undetected for 17 hours and through two startups of the pipeline. Insufficient public awareness and education, which allowed the release to continue for nearly 14 hours after the first notification of an odor to local emergency response agencies. Contributing to the accident was the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) weak regulation for assessing and repairing crack indications, as well as PHMSA’s ineffective oversight of pipeline integrity management programs, control center procedures, and public awareness. Contributing to the severity of the environmental consequences were (1) Enbridge’s failure to identify and ensure the availability of well-trained emergency responders with sufficient response resources, (2) PHMSA’s lack of regulatory guidance for pipeline facility response planning, and (3) PHMSA’s limited oversight of pipeline emergency preparedness that led to the approval of a deficient facility response plan. Ntsbnumber: DCA10MP007 Report Number: PAR-12-01 Addressee Name: PHMSA Addressee Status: Closed - Acceptable Action Addressee Date Closed: 2020-01-23 Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Date: 2020-01-23 Communication Type: Official Correspondence Communication Contents: We note that, on October 1, 2019, you issued a revised rule, “Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines.” According to this revised rule, when pipeline threats have not been determined within 180 days after the date of inspection, pipeline operators must tell you the date they expect adequate information to become available. We further note that the new rule section has been modified to include the language requested in Safety Recommendation P 12 4. This revision meets the intent of Safety Recommendation P-12-4, which is classified CLOSED--ACCEPTABLE ACTION. Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Date: 2018-02-21 Communication Type: Official Correspondence Communication Contents: We note that, on October 13, 2015, you published an NPRM, “Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines,” which proposed amending the existing “discovery of condition” language to require pipeline operators to provide you with an expected date when adequate information will become available in cases where pipeline threats have not been determined within 180 days after the date of inspection. Although you originally expected to publish a final rule based on the NPRM by the start of 2017, this has been delayed by the governmentwide regulatory review required by executive order. Pending publication of the final rule, Safety Recommendation P-12-4 remains classified OPEN--ACCEPTABLE RESPONSE. Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Date: 2016-12-05 Communication Type: Official Correspondence Communication Contents: We understand that “Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines” proposes amending the existing “discovery of condition” language in the pipeline safety regulations to require pipeline operators to provide you with an expected date when adequate information will become available in cases where a pipeline threat has not been determined within 180 days following the date of inspection. We note that you are reviewing comments and anticipate publishing a final rule by the end of 2016. Pending our review of the final rule, Safety Recommendation P-12-4 is classified OPEN—ACCEPTABLE RESPONSE. Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Date: 2014-01-03 Communication Type: Official Correspondence Communication Contents: We are encouraged that PHMSA’s pending NPRM, Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines, addresses the issues specified in these two recommendations. Pending the publishing of a final rule as recommended, Safety Recommendations P-12-3 and -4 remain classified OPEN—ACCEPTABLE RESPONSE. Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Date: 2015-04-08 Communication Type: Official Correspondence Communication Contents: We are disappointed that you still have not issued the NPRM expected in 2013, Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines; however, we are encouraged that you plan to issue the NPRM in 2015, and that it will address both these recommendations. We encourage you to expedite this action. Pending timely publication of a final rule that satisfies these recommendations, Safety Recommendations P 12-3 and -4 are classified OPEN—ACCEPTABLE RESPONSE. Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Date: 2013-01-11 Communication Type: Official Correspondence Communication Contents: The NTSB notes that PHMSA is developing rulemaking, Pipeline Safety: Safety of On Shore Hazardous Liquid Pipelines, to amend the existing “discovery of condition” language in the pipeline safety regulations, as recommended. Pending issuance of the final rule as described, Safety Recommendation P-12-4 is classified OPEN—ACCEPTABLE RESPONSE. Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Date: 2019-04-01 Communication Type: Official Correspondence Communication Contents: -From Howard R. Elliott, Administrator: On October 13, 2015, PHMSA published an NPRM titled "Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines."5 This NPRM proposes amendments to the existing "discovery of condition" language in the pipeline safety regulations, which would require pipeline operators to provide PHMSA with an expected date when adequate information will become available, in cases where a determination about pipeline threats has not been obtained, within 180 days following the date of inspection. The final rule was withdrawn from the Federal Register on January 23, 2017. According to the DOT' s March 2019 Significant Rulemakings Report, PHMSA currently plans to publish the rule in June 2019. Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Date: 2019-12-03 Communication Type: Official Correspondence Communication Contents: -From Howard R. Elliott, Administrator: PHMSA proposes closure of this recommendation. On October 1, 2019, PHMSA published the "Safety of Hazardous Liquid Pipelines" final rule.3 Sections 195.416(f) and 195.452(h)(2) state that an operator must promptly, but no later than 180 days after an assessment, obtain sufficient information about a condition to determine that a condition presents a potential threat to the integrity of a pipeline, unless the operator can demonstrate the 180-day interval is impracticable. If the operator believes that 180 days are impracticable to make such a determination, the operator must notify PHMSA and provide an expected date when adequate information will become available. Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Date: 2017-11-13 Communication Type: Official Correspondence Communication Contents: -From Howard R. Elliott, Administrator: On October 13, 2015, PHMSA published an NPRM titled "Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines" (80 FR 61609, https://www.federalregister.gov/documents/2015/10/13/2015-25359/pipeline-safetysafety-of-hazardous-liguid-pipelines), which proposes to amend the existing "discovery of condition" language in the pipeline safety regulations to require pipeline operators to provide PHMSA with an expected date when adequate information will become available in cases where a determination about pipeline threats has not been obtained within 180 days following the date of inspection. The final rule was withdrawn from the Federal Register on January 23, 2017. Like many other issues before us, this is part of an ongoing regulatory review pursuant to the executive order issued by the President. Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Date: 2016-08-17 Communication Type: Official Correspondence Communication Contents: -From Marie Therese Dominguez, Administrator: On October 13, 2015, PHMSA published its NPRM titled "Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines," which proposes to amend the existing "discovery of condition" language in the pipeline safety regulations to require pipeline operators to provide PHMSA with an expected date when adequate infom1ation will become available in cases where a determination about pipeline threats has not been obtained within 180 days following the date of inspection. Comments are being analyzed and a final rule is under agency review. We anticipate publication by the end of 2016. Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Date: 2013-08-29 Communication Type: Official Correspondence Communication Contents: -From Cynthia L. Quarterman, Administrator: PHMSA is developing a NPRM titled “Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines.” The NPRM proposes to amend the existing “discovery of condition” language in the pipeline safety regulations to require pipeline operators to provide PHMSA with an expected date when adequate information will become available in cases where a determination about pipeline threats has not been obtained within 180 days following the date of inspection. The NPRM is expected to be published by the end of CY2013. Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Date: 2015-01-22 Communication Type: Official Correspondence Communication Contents: -From Timothy P. Butters, Acting Administrator: PHMSA has drafted an NPRM titled "Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines," which proposes to amend the existing "discovery of condition" language in the pipeline safety regulations to require pipeline operators to provide PHMSA with an expected date when adequate information will become available in cases where a determination about pipeline threats has not been obtained within 180 days following the date of inspection. The NPRM is currently under review with the Office of Management and Budget, and our anticipated publication date is May 2015. Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Date: 2012-11-01 Communication Type: Official Correspondence Communication Contents: -From Cynthia Quarterman, Administrator: A rulemaking entitled “Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines,” currently under development, proposes to amend the existing “discovery of condition” language in the pipeline safety regulations to require that pipeline operators must notify PHMSA and provide an expected date when adequate information will become available in cases where a determination about pipeline threats has not been obtained within 180 days following the date of inspection. Addressee Acronym: PHMSA Addressee Organization Type: G-Federal Government Communication Type: Official Correspondence - **truncated:** false - **body characters:** 13535