NTSB Safety Recommendation P-15-014

NTSB safety recommendation P-15-014.

TO THE PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION: Revise 49 Code of Federal Regulations section 192.915 to require all personnel involved in integrity management programs to meet minimum professional qualification criteria.

Priority: CLASS II

Overall Status: Closed - Acceptable Alternate Action

Issued Date: 2015-02-10

Adopted Date: 2015-01-27

Overall Date Closed: 2017-12-01

Synopsis: There are approximately 298,000 miles of onshore natural gas transmission pipelines in the United States. Since 2004, the operators of these pipelines have been required by the Pipeline and Hazardous Materials Safety Administration (PHMSA) to develop and implement integrity management (IM) programs to ensure the integrity of their pipelines in populated areas (defined as high consequence areas [HCAs]) to reduce the risk of injuries and property damage from pipeline failures. An operator’s IM program is a management system designed and implemented by pipeline operators to ensure their pipeline system is safe and reliable. An IM program consists of multiple components, including procedures and processes for identifying HCAs, determining likely threats to the pipeline within the HCA, evaluating the physical integrity of the pipe within the HCA, and repairing or remediating any pipeline defects found. These procedures and processes are complex and interconnected. Effective implementation of an IM program relies on continual evaluation and data integration. The IM program is an ongoing program that is periodically inspected by PHMSA and/or state regulatory agencies to ensure compliance with regulatory requirements.

Ntsbnumber: DCA14SS002

Report Number: SS-15-01

Addressee Name: PHMSA

Addressee Status: Closed - Acceptable Alternate Action

Addressee Date Closed: 2017-12-01

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2016-12-05

Communication Type: Official Correspondence

Communication Contents: We acknowledge that your current regulations at 49 CFR 192.915 set forth qualification requirements for, among other things, individuals supervising IM programs, carrying out assessments, evaluating assessment results, and implementing preventive and mitigating measures. We note that you will issue an AB by the end of 2016 to remind operators and contractors of their regulatory responsibility to include the training and qualification requirements for IM personnel in accordance with 49 CFR 192.915 and American Society of Mechanical Engineers Standard B31.8S, Managing System Integrity of Gas Pipelines. Accordingly, pending publication of the AB, Safety Recommendation P-15-14 is classified OPEN—ACCEPTABLE RESPONSE.

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2017-12-01

Communication Type: Official Correspondence

Communication Contents: On December 5, 2016, we acknowledged that your current regulations at 49 CFR 192.915 set forth qualification requirements for, among other things, individuals supervising IM programs, carrying out assessments, evaluating assessment results, and implementing preventive and mitigating measures. We indicated that Safety Recommendation P 15 14 would be satisfied by your plan to issue an advisory bulletin (AB) to remind operators and contractors of their regulatory responsibility to include the training and qualification requirements for IM personnel in accordance with 49 CFR 192.915 and American Society of Mechanical Engineers (ASME) Standard B31.8S, “Managing System Integrity of Gas Pipelines.” We note that, on April 10, 2017, you published AB 2017-02, “Guidance on Training and Qualifications for the Integrity Management Program,” at the Federal Register to remind operators of their responsibility to include in IM programs the training and qualification requirements for IM personnel required by 49 CFR 192.915 and discussed in ASME B31.8S. Publishing the AB is an alternative that addresses the recommended action of revising 49 CFR 192.915. Consequently, Safety Recommendation P-15-14 is classified CLOSED--ACCEPTABLE ALTERNATE ACTION.

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2018-02-21

Communication Type: Official Correspondence

Communication Contents: In our December 1, 2017, response to your May 25, 2017, letter, we classified Safety Recommendation P-15-14 CLOSED--ACCEPTABLE ALTERNATE ACTION.

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2015-07-15

Communication Type: Official Correspondence

Communication Contents: We are aware that 49 CFR 192.915 requires persons supervising IM programs, carrying out assessments, evaluating assessment results, and implementing preventive and mitigative measures to be qualified to perform these responsibilities. In practice, operator personnel involved in integrity management programs receive on-the-job training (OJT) under the supervision of a qualified person. We note your position regarding the wording in the recommendation “all persons involved,” that OJT, under the supervision of a qualified person, is an integral component of integrity management training, and your concern about inadvertently limiting OJT. We also note your position that operators should establish personnel qualification criteria that are applicable to their unique operating environment and to their training and qualification plans and procedures, and that managers should have the discretion to determine what minimum qualifications are needed based on the tasks to be performed by an individual, a specific operating environment, and training and qualification plans. We understand that, to address this recommendation, you plan not to revise the regulation as requested, but merely to review options for setting qualification criteria based on our and your evaluations. We also understand that you intend to use this information and current regulations to clarify and reiterate the importance of the requirements in an advisory bulletin, expected by May 31, 2016, as well as by placing renewed emphasis on compliance in future IM inspections. Although your intended course of action may constitute an improvement, it falls short of revising the regulations as recommended. Accordingly, we request that you reconsider your current plans. Pending a further response to this request, Safety Recommendation P-15-14 is classified OPEN—UNACCEPTABLE RESPONSE.

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2017-05-25

Communication Type: Official Correspondence

Communication Contents: -From Howard W. McMillan, Acting Deputy Administrator: On April 10, 2017, PHMSA issued Advisory Bulletin 2017-02, "Guidance on Training and Qualifications for the Integrity Management Program," to remind operators of their responsibility to include in integrity management (IM) programs the training and qualification requirements for IM personnel as required by§ 192.915 and as discussed in ASME B31.8S. PHMSA's gas transmission pipeline IM rule, published on December 15, 2003, established requirements in§ 192.915 for supervisory and other personnel with integrity management program functions. PHMSA has since recognized inconsistencies in how the requirements of§ 192.915 have been implemented by operators. This advisory bulletin was issued to provide guidance on the requirements of§ 192.915 for the training and qualification of supervisory and other personnel that perform IM-assigned tasks. PHMSA regulations at §192.915 set forth the qualification requirements for, among others, persons supervising IM programs, carrying out assessments, evaluating assessment results, and implementing preventive and mitigative measures. PHMSA regulations require: • Any person who qualifies as a supervisor for the integrity management program to have appropriate training or experience in the area for which the person is responsible (§192.915(a)). Therefore, operator personnel involved in IM programs receive on-the-job training under the supervision of a qualified person. • Any person who conducts an integrity assessment allowed under Part 192, Subpart N, to be qualified (§192.915(b)(l)). • Any person who reviews and analyzes the results from an integrity assessment and evaluation to be qualified (§192.915(b)(2)). This qualification is typically covered by the consensus standard originally approved in 2005, "Personnel Qualification and Certification for In-line Inspection Technologies Used in the Examination of Pipelines" (ASNT-ILI-PQ), which established minimum qualification and certification requirements for in-line inspection personnel. • Any person who implements preventive and mitigative measures to be qualified, including, but not limited to, integrity engineers and others involved in the determination of risk reduction measures that are implemented (§192.915(c)). Installation of preventive and mitigative measures also involves some tasks covered in Part, 192, Subpart N, such as marking and locating buried structures. • Any person who directly supervises excavation work carried out in conjunction with an integrity assessment to be qualified per §192.915(c)(2).

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: PHMSA proposed closure of this recommendation to NTSB on May 25, 2017. PHMSA looks forward to NTSB' s response.

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Date: 2015-05-12

Communication Type: Official Correspondence

Communication Contents: -From Timothy P. Butters, Deputy Administrator: The Pipeline and Hazardous Materials Safety Administration’s (PHMSA) mission is to protect people and the environment from the risks of hazardous materials transportation. We are committed to continual improvements to our oversight program to positively influence the safety performance of pipeline operators. PHMSA has a long history of cooperating and collaborating with the NTSB, and we take our responsibility to address all recommendations seriously. Integrity Management (IM) is a performance-based, process-oriented regulatory program developed by PHMSA in response to the Accountable Pipeline Safety and Partnership Act of 1996 (P.L. 104-304), the Pipeline Safety Improvement Act of 2002 (P.L. 107-355), and PHMSA’s oversight experience. Integrity management regulations supplement PHMSA’s prescriptive safety requirements and set systemic performance requirements for operators. IM is based on practices employed by many safety-oriented organizations, whereby safety is continually improved through an iterative process of collecting data, identifying and prioritizing risks, undertaking corrective actions, and assessing performance. We understand that successful implementation of performance-based systems for pipeline safety requires a significant operator commitment to the approach, a diverse set of skills possessed by the operator and regulator that extend beyond pipeline engineering, detailed information on pipeline system and operating conditions, and an understanding of the causes of incidents and near-incidents. For both operators and regulators, the heart of integrity management is to identify the most serious risks through an evaluation of system and incident data, to take data informed corrective action to address risk, and to evaluate program effectiveness and implement new measures based on ongoing assessments of the results. PHMSA is working to improve pipeline safety and the IM program through regulatory development and other means at our disposal. Our Notice of Proposed Rulemaking (NPRM) titled “Pipeline Safety: Gas Transmission,” updating gas transmission pipeline regulations, was recently sent to the Office of Management and Budget (OMB) for review. This NPRM will address many of the NTSB’s recommendations, and we expect it to help pipeline safety by both setting new requirements for operators to follow, and clarifying existing ones. PHMSA’s National Pipeline Mapping System (NPMS) Information Collection was published in the Federal Register on July 30, 2014. We expect the revised Information Collection to lead to improved positional accuracy and address the need for additional pipeline attribute information to support our internal risk models. We believe both of these efforts will be responsive to the NTSB recommendations made in their respective areas. In parallel with our rulemaking and information collection efforts, PHMSA utilizes a variety of non-regulatory approaches to improve pipeline safety and communications. Our public awareness, emergency response training, research and development (R&D), technical workshops, and enforcement programs have helped to advance pipeline safety. For example, since February 2014, PHMSA has conducted seven workshops and public meetings on technical topics such as R&D, cracking, class location, Safety Management Systems, and the National Pipeline Mapping System. PHMSA is also planning a risk-modelling workshop for the summer of 2015 to address the need for operators to move to more sophisticated risk models. Finally, pipeline operators, as owners of the pipeline infrastructure, are required to know and understand their pipeline system operating environments. PHMSA challenges operators to focus on performance and aim beyond the minimum compliance standards established through pipeline safety regulations, to ensure the safety of the public that lives and works around pipelines. Concur in part. PHMSA requires that persons supervising IM programs, carrying out assessments, evaluating assessment results, and implementing preventive and mitigative measures must be qualified in accordance with § 192.915. Also, operator personnel involved in integrity management programs receive on-the-job training under the supervision of a qualified person. To address this recommendation, PHMSA will review options for setting qualification criteria based on the NTSB’s and its own internal evaluations. PHMSA will use this information and the regulations to clarify and reiterate the importance of these requirements in an advisory bulletin by May 31, 2016. We will also place renewed emphasis on compliance in future IM inspections. Regarding the wording in the recommendation “all persons involved,” PHMSA believes that on-the-job training (OJT), under the supervision of a qualified person, is an integral component of integrity management training and would not want to inadvertently limit OJT. PHMSA further believes that it is appropriate for operators to establish personnel qualification criteria that are applicable to their unique operating environment and training and qualification plans and procedures. Therefore, managers should have the discretion to determine what minimum qualifications are needed based on the tasks to be performed by the individual, the operating environment, and training and qualification plans.

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: PHMSA requests a change in the status of this response from "Open Unacceptable Response" to "Open Acceptable Response." PHMSA agrees with the intent of the NTSB recommendation that persons involved in IM programs should meet minimum professional qualification criteria. PHMSA regulations at 49 CFR §192.915 set forth the qualification requirement for, among others, persons supervising IM programs, carrying out assessments, evaluating assessment results, and implementing preventive and mitigative measures. For example, PHMSA regulations require: • Any person who qualifies as a supervisor for the integrity management program to have appropriate training or experience in the area for which the person is responsible. 49 CFR § 192. 915(a). Operator personnel involved in 1M programs receive on-the-job training under the supervision of a qualified person; • Any person who conducts an integrity assessment allowed under this subpart to be qualified, and, as these are covered tasks, this qualification requirement is covered by Title 49, Part 192, Subpart N, Qualification of Pipeline Personnel. 49 CFR §192.915(b)(l); • Any person who reviews and analyzes the results from an integrity assessment and evaluation to be qualified. 49 CFR § 192.9 l5(b )(2). This qualification is typically covered by the consensus standard originally approved in 2005, "Personnel Qualification and Certification for in-line Inspection Technologies Used in the Examination of Pipelines" (ASNT-ILI-PQ), which established minimum qualification and certification requirements for in-line inspection personnel; • Any person who implements preventive and mitigative measures to be qualified, including, but not limited to, integrity engineers and others involved in the determination of risk reduction measures that are implemented. 49 CFR §192.915(c). Installation of preventive and mitigative measures involves some tasks, such as marking and locating buried structures and excavation activities, covered by Title 49, Part 192, Subpart N, Qualification o,( Pipeline Personnel; and • Any person who directly supervises excavation work carried out in conjunction with an integrity assessment to be qualified.49 CFR §192.915(c)(2). To support the NTSB recommendation, PHMSA intends to issue an Advisory Bulletin no later than December 31, 2016, to remind operators and contractors of their regulatory responsibility to include the training and qualification requirements for IM personnel in accordance with § 192.915 and ASME Standard B31.8S, Managing System Integrity of Gas Pipelines.

Addressee Acronym: PHMSA

Addressee Organization Type: G-Federal Government

Communication Type: Official Correspondence