# 2024 Guidelines for States Participating in the Pipeline Safety Program

- **operation:** document
- **citation:** PHMSA Guidance, 2024 Guidelines for States Participating in the Pipeline Safety Program
- **title:** 2024 Guidelines for States Participating in the Pipeline Safety Program
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** Not available
- **effective on:** Not available
- **summary:** 2024 Guidelines for States Participating in the Pipeline Safety Program Document 2024-State-Guidelines-with-Appendices-2023-12-18.pdf (22.89 MB) 2024 Guidelines for States Participating in the Pipeline Safety Program PDF Effective Date: Wednesday, June 26, 2024
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2024 Guidelines for States Participating in the Pipeline Safety Program

Document

 2024-State-Guidelines-with-Appendices-2023-12-18.pdf (22.89 MB)

        2024 Guidelines for States Participating in the Pipeline Safety Program PDF

          Effective Date: Wednesday, June 26, 2024

<<<PAGE 1>>>

Guidelines for States
Participating in the
Pipeline Safety Program
Revised January 1, 2024

<<<PAGE 2>>>

T ABLE OF CONT ENT S
GLOSSARY
v
__________________________________________________________________
ACRONYMS
x
_________________________________________________________________
Preface _____________________________________________________________________
1
1 The Federal/State Partnership ______________________________________________
3
1.1 Congressional Intent _________________________________________________________
3
1.2 Federal Role and Organizational Structure _______________________________________
3
1.3 State Role and Organizational Structure _________________________________________
4
1.4 Related Organizations ________________________________________________________
1.4.1 NAPSR
1.4.2 NARUC
___________________________________________________________________________
4
4
5
___________________________________________________________________________
1.5 Invitational Travel
5
___________________________________________________________
1.6 Mutual Aid
6
_________________________________________________________________
2 State Participation Requirements ____________________________________________
8
2.1 Section 60105 Certification
8
____________________________________________________
2.2 Section 60106 Agreement ______________________________________________________
9
2.3 Interstate Agent Agreement __________________________________________________
10
2.4 Time Defined Agreement _____________________________________________________
10
2.5 Joint Inspection of an Interstate Operator _______________________________________
11
2.6 Certification/Agreement Forms _______________________________________________
12
2.7 Progress Report ____________________________________________________________
12
2.7.1 Attachment #1: State Jurisdiction and Interstate Agent Status ________________________________
12
2.7.2 Attachment #2: Total State Field Inspection Activity _______________________________________
13
2.7.3 Attachment #3: Facilities Subject to State Safety Jurisdiction ________________________________
13
2.7.4 Attachment #4: Pipeline Incidents/Accidents
14
_____________________________________________
2.7.5 Attachment #5: State Compliance Actions _______________________________________________
14
2.7.6 Attachment #6: State Record Maintenance and Reporting ___________________________________
14
2.7.7 Attachment #7: State Employees Directly Involved in the Pipeline Safety Program _______________
14
2.7.8 Attachment #8: State Compliance with Federal Requirements ________________________________
14
2.7.9 [RESERVED] _____________________________________________________________________
15
2.7.10 Attachment #10: Performance and Damage Prevention Questions ___________________________
15
2.8 Responsibility to Assist OPS in the Work Management System _____________________
15
3 State Regulatory Responsibility _____________________________________________
17
3.1 Adoption of Federal Regulations and Requirements ______________________________
17
3.2 WinDOT
17
__________________________________________________________________
3.3 Waiver of Federal Regulations ________________________________________________
17
3.3.1 Interstate Pipelines __________________________________________________________________
17
3.3.2 Intrastate Pipelines __________________________________________________________________
18
4 Personnel
20
______________________________________________________________
4.1 State Agency Minimum Required Inspection Activity _____________________________
20
Guidelines for States Participating in the Pipeline Safety Program i
Revised January 1, 2024

<<<PAGE 3>>>

T ABLE OF CONT ENT S
4.1.1 Determination of Inspection Activity ___________________________________________________
20
4.1.2 Peer Review
23
_______________________________________________________________________
4.1.3 Inspection Activity Examples _________________________________________________________
24
4.1.4 Updates to SICT ___________________________________________________________________
24
4.2 Allocation of Effort
30
__________________________________________________________
4.3 Training ___________________________________________________________________
30
4.3.1 Required Training __________________________________________________________________
30
4.3.2 Course Re-Testing __________________________________________________________________
33
4.3.3 Waivers from Training ______________________________________________________________
33
4.3.4 Procedures for Requesting a Training Waiver _____________________________________________
34
4.4 Continuing Education and State Inspector Mentoring ProgramError! Bookmark not defined.
4.5 Changes in State Agency Personnel ____________________________________________
36
4.6 Individual Qualifications _______________________________
Error! Bookmark not defined.
4.7 Program Manager/Supervisor Training ________________________________________
37
4.8 New Program Manager Orientation ____________________________________________
37
5 Inspection and Compliance Program ________________________________________
38
5.1 Inspection _________________________________________________________________
38
5.2 Compliance ________________________________________________________________
51
5.2.1 Procedures for State Agencies with a Section 60105 Certification _____________________________
51
5.2.2 Procedures for State Agencies with a Section 60106 Agreement or Interstate Agents ______________
51
5.2.3 PHMSA Orders to Intrastate Operators __________________________________________________
52
5.2.4 Referring Concerns of Possible Criminal Activity to the Office of Inspector General (OIG): ________
52
6 Incident/Accident Investigation and Safety-Related Conditions
53
___________________
6.1 Investigation of Pipeline Incidents/Accidents
53
____________________________________
6.2 On-scene investigations ______________________________________________________
54
6.3 Basic Investigative Procedures ________________________________________________
57
6.4 Incident Investigation Procedures _____________________________________________
57
6.5 PHMSA AID Daily Telephonic Investigation Report ______________________________
57
6.6 Access to NRC Reports ______________________________________________________
58
6.7 Safety-Related Conditions
59
____________________________________________________
7 Damage Prevention Program and One Call Notification ________________________
60
7.1 Damage Prevention _________________________________________________________
60
7.2 One Call Notification
61
________________________________________________________
7.3 Damage Prevention and One-Call Grants
63
_______________________________________
8 State Agency Program Performance _________________________________________
64
8.1 Annual Program Evaluation __________________________________________________
64
8.2 Compliance with Program Requirements _______________________________________
66
8.3 Recordkeeping _____________________________________________________________
67
Guidelines for States Participating in the Pipeline Safety Program Revised January 1, 2024
ii

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T ABLE OF CONT ENT S
8.4 Attendance at NAPSR Meetings _______________________________________________
67
8.5 State Pipeline Safety Training and/or Seminars __________________________________
68
9 DOT Grant-in-Aid Program _______________________________________________
69
9.1 Scope of Grant _____________________________________________________________
69
9.2 Address
69
___________________________________________________________________
9.3 Eligibility __________________________________________________________________
69
9.4 Assistance Listing Information ________________________________________________
69
9.5 General Obligations _________________________________________________________
70
9.6 Grant Application ___________________________________________________________
70
9.6.1 Attachment #1: Description of State Pipeline Safety Program. ________________________________
70
9.6.2 Attachment #2: Pipeline Safety Program Estimated Budget. _________________________________
72
9.7 Annual Funding Level _______________________________________________________
72
9.8 Grant Allocation and Percentage of Funding ____________________________________
9.8.1 Initial Allocation vs. Final Allocation
___________________________________________________
9.8.2 Grant Allocation Formula for Grant Award
______________________________________________
9.8.3 State Performance Score
72
73
74
74
_____________________________________________________________
9.9 Payment Agreement (Notice of Grant Award) ___________________________________
77
9.10 Certification Regarding Lobbying and Disclosure of Lobbying Activities _____________
78
9.11 Mid-Year Request for Reimbursement _________________________________________
78
9.12 Year-end Request for Reimbursement and Cost Summary _________________________
78
9.13 Special Initiatives _____________________________________
Error! Bookmark not defined.
9.14 Withholding of Grant Funds - Suspension and/or Termination of Grants _____________
79
9.15 Deposit of Grant Funds ______________________________________________________
80
9.16 Eligibility of Program Costs __________________________________________________
80
9.16.1 Direct Costs
80
_____________________________________________________________________
9.16.2 Indirect Costs
83
____________________________________________________________________
9.16.3 Standards for Documentation of Personnel Expenses _____________________________________
84
9.16.4 Unallowable Costs
84
________________________________________________________________
9.17 Pipeline Safety Grant Program Financial Review _________________________________
85
9.17.1 Pre-Review
85
______________________________________________________________________
9.17.2 Grant Review
85
____________________________________________________________________
9.17.3 Post-Review
86
_____________________________________________________________________
9.17.4 Adjustments and Penalties
86
__________________________________________________________
9.17.5 Appeal of Findings ________________________________________________________________
86
9.18 Procurement Standards
86
______________________________________________________
9.19 Procurement Procedures
86
_____________________________________________________
9.20 Contracts Management ______________________________________________________
87
9.21 Internal Controls
87
___________________________________________________________
9.22 Real Property ______________________________________________________________
87
9.23 Personal Property ___________________________________________________________
87
Guidelines for States Participating in the Pipeline Safety Program Revised January 1, 2024
iii

<<<PAGE 5>>>

T ABLE OF CONT ENT S
9.24 Code of Conduct
____________________________________________________________
9.25 Conflict of Interest and Mandatory Disclosures __________________________________
9.26 Audit Requirements (2 CFR 200 Subpart F) _____________________________________
9.27 PHMSA Office of Civil Rights Review – Title VI
_________________________________
9.28 Grant-in-Aid Program Calendar of Events ______________________________________
10 FedSTAR
______________________________________________________________
10.1 Purpose ___________________________________________________________________
10.2 Location and Procedures
_____________________________________________________
10.3 Facilitating Various Program Documentation ____________________________________
10.4 Facilitating Grant Financials __________________________________________________
10.5 Other FedSTAR Functions
___________________________________________________
Appendix Summary __________________________________________________________
Guidelines for States Participating in the Pipeline Safety Program Revised January 1, 2024
iv
87
88
88
88
90
91
91
91
92
92
94
95

<<<PAGE 6>>>

Glossary
GLOSSARY
Agreement The State Agency assumes inspection responsibility for facilities
and reports Probable Violations to PHMSA for enforcement
actions.
Certification The State Agency assumes inspection and enforcement
responsibility with respect to intrastate facilities over which it has
jurisdiction under State law.
Chapter 601, Title 49
of the U.S. Code
Throughout this manual, Sections 60101 – 60140 refer to Chapter
601, Title 49 of the United States Code Chapter 601 is the
recodification of the Natural Gas Pipeline Safety Act of 1968, as
amended (49 U.S.C. app 1671 et seq.), and the Hazardous
Liquids Pipeline Safety Act of 1979, as amended (49 U.S.C. app
2001 et seq.).
Code of Federal Regulations, Title 49 (49 CFR)-Pipeline Safety
Part 40 Procedures for Transportation Workplace Drug Testing Programs
Part 190 Pipeline Safety Programs and Rulemaking Procedures
Part 191 Transportation of Natural and Other Gas by Pipeline: Annual Reports
Incident Reports, and Safety-Related Condition Reports
Part 192 Transportation of Natural and Other Gas by Pipeline: Minimum Federal
Safety Standards
Part 193 Liquefied Natural Gas Facilities: Federal Safety Standards
Part 194 Response Plans for Onshore Oil Pipelines
Part 195 Transportation of Hazardous Liquids by Pipeline
Part 196 Protection of Underground Pipelines from Excavation Activity
Part 198 Regulations for Grants to Aid State Pipeline Safety Programs
Part 199 Drug and Alcohol Testing
Compliance Action A Compliance Action is an action or series of sequential actions
taken to enforce federal or state pipeline regulations. One
Compliance Action can cover multiple Probable Violations. A
Compliance Action may take the form of a letter warning of future
penalties for continued violation, an administratively imposed
monetary sanction or order directing compliance with the
regulations, an order directing corrective action under hazardous
Guidelines for States Participating in the Pipeline Safety Program v
Revised January 1, 2024

<<<PAGE 7>>>

Glossary
Department of
Transportation (DOT)
conditions, a show-cause order, a criminal sanction, a court
injunction, or a similar formal action.
The United States Department of Transportation (DOT) is a
federal Cabinet department of the U.S. government concerned
with transportation. It was established by the Department of
Transportation Act of Congress on October 15,1966 and began
operation on April 1, 1967. The Secretary of Transportation is the
head of DOT.
This is the computer application available over the internet which
is used by State Agencies to enter the required federal
documentation and information.
Federal State
Tracking and
Reporting (FedSTAR)
Grant Funds or aid in kind to carry out specified programs, services, or
activities.
Grant Program Those activities and operations of the State Agency which are
necessary to carry out the purposes of the grant, including any
portion of the program financed by the grantee. This technical
usage of the phrase should not be confused with the Pipeline
Safety Grant Program (sometimes shortened to “Grant Program”),
which is the Federal assistance program in support of the State
Agency’s pipeline safety program.
Inspection Person-Day All or part of a day spent by State Agency
Inspectors)/Investigator(s) (including travel) in on-site or virtual
evaluation of an operator’s system to determine compliance with
Federal or State pipeline safety regulations; or in on-site
investigation of a pipeline incident; or in job-site training of an
operator. (See section 5.1 for description of inspection types) Time
counted for such activities should be reported as a maximum of
one Inspection Person-Day per inspector present for each day
devoted to safety issues, regardless of the number of operators
visited during that day. (e.g., You may evaluate two operators in
the same day and record each inspection visit as 0.5 person-day,
or actual fraction of a day, for each operator provided the total
does not exceed 1.0 person-day). Non-qualified inspectors
present assisting a qualified inspector can be included in the
inspection day count. On a limited basis, the inspector may count
in-office inspection time to review operator written plans,
procedures, programs, and records to effectively use on-site
inspection time, as approved by the Program Manager, and as
noted in the annual progress report. In-office inspection time must
be adequately documented and made part of the State Agency’s
inspection records.
Inspection Unit All or part of an operator’s pipeline facilities under the control of an
administrative unit that provides sufficient communication and
controls to ensure uniform design, construction, operation, and
maintenance procedures for the facilities.
Guidelines for States Participating in the Pipeline Safety Program Revised January 1, 2024
vi

<<<PAGE 8>>>

Glossary
• Privately Owned
Distribution
System
• Gas
Transmission
and Hazardous
Liquid Pipeline
System
(including
Ethanol)
• Liquefied
Natural Gas
(LNG) Facility
• Master Meter
System
The application of the Inspection Unit concept will ensure
inspection coverage of an operator’s entire system and enhance
Federal/State management of workload and program evaluation.
Determination of inspections will be based on the following
guidelines, but where unique situations exist, good logic and
judgment must be exercised when identifying the parameters of
the Inspection Unit.
The Inspection Unit could be an operating area such as a
specific city or metropolitan area, a group of towns, or other
geographic area, and would include all distribution facilities
in the defined area. However, because of the greater number
of pipeline facilities in some large metropolitan distribution
areas, multiple Inspection Units may be appropriate. In
selecting the Inspection Unit, consideration should be given
to the size of the area covered, work location, record location,
and line of supervision.
If the distribution system contains transmission lines where
transmission integrity management plans are required, those
system(s) should be considered separate intrastate
transmission Inspection Unit(s).
The Inspection Unit should include up to 500 miles of pipeline
right-of-way including any compressor stations or pumping
facilities within the designated limits. In some circumstances,
such as densely populated areas and/or environmentally
sensitive areas, and/or where judged necessary based on
local conditions, a separate Inspection Unit can be
established.
Each LNG facility should be considered a single Inspection
Unit.
• Municipal • Petroleum Gas
System
Each Master Meter System should be considered a single
Inspection Unit. However, more than one Master Meter
System should be considered a single Inspection Unit if all
facilities involved are owned, operated, and maintained
under common supervisory control.
Each Municipal operator should be considered a single
Inspection Unit unless its system, similar to privately owned
distribution systems, contains transmission lines where
transmission integrity management inspections are done in
which case the transmission system should be a separate
Inspection Unit. Also operating conditions/characteristics
could suggest additional Inspection Units be considered.
Each system should be considered a single Inspection Unit.
However, more than one petroleum gas system should be
considered a single Inspection Unit if all facilities involved are
Guidelines for States Participating in the Pipeline Safety Program Revised January 1, 2024
vii

<<<PAGE 9>>>

Glossary
• Regulated
Gathering
Pipeline System
Interstate Agent owned, operated, and maintained under common
supervisory control.
Each regulated gathering pipeline system can be considered
as a single Inspection Unit. Circumstances may exist when
an operator has more than one regulated gathering system
separated into individual Inspection Units.
The State Agency assumes inspection responsibility for interstate
facilities and reports Probable Violations to PHMSA for
enforcement actions.
National Response
Center (NRC) (1-800-
424-8802)
National
Transportation Safety
Board (NTSB)
Non-compliance The federal government’s national communications center, which
is staffed 24 hours a day by U.S. Coast Guard officers and marine
science technicians. The NRC receives all reports of releases as
required by 49 CFR 191 and 49 CFR 195, Subpart B. This
“telephonic” report data is shared with PHMSA as well as other
federal agencies such as Homeland Security, EPS, NTSB via an
information system.
This Federal agency was created by Congress in the DOT Act of
1966. Although NTSB’s authority is limited to transportation failure
investigations, its mission relating to pipeline safety is to:
1. Investigate significant failures and report the
circumstances relating to each failure and its
probable cause.
2. Make recommendations to the Secretary, the
pipeline operators, manufacturers, associations, and
interested parties to minimize the possibility of
recurrence of similar failures.
3. Release reports deemed to be in the public interest.
4. Conduct special studies and investigations on
matters regarding safety in pipeline transportation
and failure prevention.
A violation or Probable Violation of any Federal or State pipeline
safety regulations.
OPS is the office that handles pipeline safety for PHMSA
Office of Pipeline
Safety (OPS)
Pipeline and
Hazardous Materials
Safety Administration
(PHMSA)
PHMSA is the agency under DOT that is responsible for pipeline
safety oversight.
Guidelines for States Participating in the Pipeline Safety Program Revised January 1, 2024
viii

<<<PAGE 10>>>

Glossary
OPS Inspector
Training and
Qualifications Division
(TQ)
Probable Violation The safety training organization operated by OPS located at 3700
S. MacArthur Blvd, Suite B, Oklahoma City, OK 73179-7612. The
contact telephone number is 405-686-2310.
Program Manager Region Director Region Office A Probable Violation is a potential Non-compliance with any Title
49, Chapter 601section or, where a section is divided into
subsections (a), (b), (c), etc., any subsection of federal or state
pipeline regulations. Each numbered section should be counted
separately. Multiple Non-compliances of a numbered section
discovered on the same inspection should be counted as one
Probable Violation with multiple pieces of evidence (i.e., during a
unit inspection it was discovered that an operator failed to check and
service 6 distribution valves, in reference to 49 CFR 192.747 Valve
maintenance: Distribution systems, this is one Probable Violation of
192.747(a) with six pieces of evidence and not six Probable Violations).
The person designated by the State Agency as responsible for all
activities of the pipeline safety program
The individual responsible for all activities of the designated OPS
region
One of five offices delegated the authority to carry out the field
activities for OPS
A tool used to determine the required number of annual Inspection
Person-Days for a State Agency.
State Inspection
Calculation Tool
(SICT)
Special Initiatives State Agency PHMSA State
Programs
Supervisor Initiatives occasionally issued by PHMSA for a limited purpose.
The division of each State, including the District of Columbia and
Puerto Rico, authorized through a Certification or Agreement with
PHMSA to administer a pipeline safety program. Also referred to
as “grantee” or “recipient.”
The OPS division that provides technical assistance, support and
evaluates State Agency programs.
Individual in a State Agency supervising pipeline safety
inspectors/investigators as designated in Attachment 7 of the
annual Progress Report. This does not include individuals solely
supervising damage prevention/technical staff.
Guidelines for States Participating in the Pipeline Safety Program Revised January 1, 2024
ix

<<<PAGE 11>>>

Acronyms
ACRONYMS
AID Accident Investigation Division
CFR Code of Federal Regulations
LPG Liquefied Petroleum Gas
NAPSR National Association of Pipeline Safety Representatives
NARUC National Association of Regulatory Utility Commissioners
OMB Office of Management and Budget
PDM Pipeline Data Mart
RCFA Root Cause Failure Analysis
U.S.C. United States Code
Guidelines for States Participating in the Pipeline Safety Program x
Revised January 1, 2024

<<<PAGE 12>>>

The Federal/State Partnership
Preface
The Guidelines for States Participating in the Pipeline Safety Program
(Guidelines) contain guidance for how State Agencies must conduct and
execute their responsibilities delegated through Certification or Agreement by
the Secretary of Transportation pursuant to Title 49 of the U.S.C. The Secretary
of Transportation has delegated the administration of the Certifications and
Agreements to PHMSA. These Guidelines are not regulations or rules
promulgated by PHMSA.
This Guidelines are provided to promote consistency among the many State
Agencies that participate under Certifications and/or Agreements. The
guidance contains expectations for the execution of a State Agency’s
responsibilities which are evaluated annually. The performance evaluation
results are utilized to determine continued Certification/Agreement with a State
Agency and annual grant funding amounts to the State Agency.
The Guidelines and performance of expectations are administered by PHMSA
State Programs. The Guidelines are typically reviewed and revised annually.
The process for the annual review and revision are as follows:
1. PHMSA State Programs creates a copy of the recent edition of the
Guidelines in MS Word. “Track Changes” option is turned on in the
document to illustrate the revisions (redline copy).
2. Starting January 1, a listing of proposed changes is maintained by
PHMSA State Programs. Changes are typically proposed by members
of the PHMSA State Programs, Regional Directors, TQ and NAPSR.
3. During a meeting of the NAPSR Grant Allocation Committee (GAC), the
listing of revisions and the markup copy is presented by PHMSA State
Programs. A draft is provided to the GAC members and NAPSR’s
Administrative Manager.
4. NAPSR’s Administrative Manager distributes the listing and markup
copy to NAPSR Board Members.
5. The listing and markup copy is provided to all PHMSA State Programs
staff for review and comments.
6. During the GAC’s October Meeting PHMSA State Programs makes
another presentation which includes the additional changes received.
Discussion and editing are completed during the meeting.
Guidelines for States Participating in the Pipeline Safety Program 1
Revised January 1, 2024

<<<PAGE 13>>>

The Federal/State Partnership
7. Following the GAC October Meeting, PHMSA State Programs
distributes the listing and markup copy to all members of NAPSR, all
Regional Directors and TQ for review and comments (at least 30 days
is given for review).
8. PHMSA State Programs compiles and reviews all comments.
Comments usually result in further edits or if not, the commenter is
provided with reasons why it was not accepted for inclusion. Upon
completion of this step the document is prepared for publication and
distribution.
The updated Guidelines are distributed by December 31st for the upcoming
year.
Guidelines for States Participating in the Pipeline Safety Program 2
Revised January 1, 2024

<<<PAGE 14>>>

The Federal/State Partnership
1 The Federal/State Partnership
1.1 Congressional Intent
49 U.S.C. Chapter 601 provides the statutory basis for the pipeline safety
program and establishes a framework for promoting pipeline safety through
exclusive Federal authority for regulation of interstate pipeline facilities and
State authority for all or part of the intrastate pipeline facilities under annual
Certification or Agreement. 49 U.S.C. 60107(a) authorizes Federal grants-in-
aid of not more than 80 percent of a State Agency’s personnel, equipment,
activities, and other allowable costs for its pipeline safety program. The resulting
Federal/State partnership is the cornerstone for ensuring uniform
implementation of the pipeline safety program nationwide. 49 U.S.C.Chapter
601 can be found in Appendix A.
1.2 Federal Role and Organizational Structure
PHMSA’s mission is to protect people and the environment from the risks
inherent in transportation of hazardous materials - by pipeline and other modes
of transportation. The agency’s goals are:
• Safety: To reduce the risk of harm to people due to the transportation
of hazardous materials by pipelines and other modes.
• Environmental Stewardship: To reduce the risk of harm to the
environment due to the transportation of oil and hazardous materials by
pipeline and other modes.
• Reliability: To help maintain and improve the reliability of systems that
deliver energy products and other hazardous materials.
• Global Connectivity: To harmonize and standardize the requirements
for pipeline and hazardous materials transportation internationally, to
facilitate efficient and safe transportation through ports of entry and
through the supply chain.
• Preparedness and Response: To reduce the consequences (harm to
people, environment, and economy) after a pipeline or hazmat failure
has occurred.
Under delegation from the Secretary of DOT, OPS directly administers the
program and develops issues and enforces minimum safety regulations for
interstate and intrastate pipelines. These regulations are written to ensure
safety in (1) the design, construction, testing, operation, and maintenance of
Guidelines for States Participating in the Pipeline Safety Program 3
Revised January 1, 2024

<<<PAGE 15>>>

The Federal/State Partnership
gas and hazardous liquid pipeline facilities and in (2) the siting, construction,
operation, and maintenance of LNG facilities. OPS ensures compliance with
regulations through operator inspections, enforcement actions, and accident
investigations. In addition, TQ conducts training in application of the regulations.
PHMSA also administers grant-in-aid funding to State Agencies, conducts
research, and collects and analyzes safety data.
PHMSA State Programs administers the grant-in-aid program to support State
Agencies conducting gas and hazardous liquid pipeline safety programs.
The OPS Region Offices serve as the focal point for interstate pipeline
compliance activities and intrastate facilities not under state jurisdiction. The
region staff provides technical assistance and support to State Agency
programs. State Agencies are encouraged to contact their respective State
Liaison or Region Director if they have any questions about technical or other
inspection issues. The PHMSA Director of State Programs should be
contacted if the State Liaison or Region Director cannot be reached.
1.3 State Role and Organizational Structure
A State delegates responsibility for pipeline safety to a State Agency. The State
Agency may be a public utility commission, a state fire marshal, a public service
commission, or other state authority or office. State Agencies under existing law
have jurisdiction over most intrastate gas, LNG, and hazardous liquid facilities
within their respective States. State Agency duties normally consist of operator
inspections, compliance and enforcement, safety programs, accident
investigations, pipeline design, testing and construction inspections, and record
maintenance and reporting.
1.4 Related Organizations
1.4.1 NAPSR
NAPSR, established in 1982, is an organization of State Agency pipeline safety
managers, inspectors, and technical personnel who support, encourage,
develop, and enhance pipeline safety. NAPSR provides an effective
mechanism for fostering the Federal/State partnership. The NAPSR Articles of
Association set forth the purpose and objectives of the organization and the
procedures for electing national and region officers. The Articles of Association
establish the steps for adopting resolutions to raise pipeline safety concerns of
national scope for PHMSA consideration in regulatory and enforcement
activities.
Guidelines for States Participating in the Pipeline Safety Program 4
Revised January 1, 2024

<<<PAGE 16>>>

The Federal/State Partnership
1.4.2 NARUC
NARUC is an organization of Federal and State agencies engaged in the
regulation of utilities and carriers. Its chief objective is to improve the quality and
effectiveness of utility regulation in the United States. Through its Staff
Subcommittee on Pipeline Safety under the Committee on Gas, NARUC
provides a communication channel among State public utility agencies,
Program Managers, and Federal agencies. Like NAPSR, the NARUC Staff
Subcommittee on Pipeline Safety holds regular meetings, issues resolutions,
and establishes working groups to deal with safety issues.
1.5 Invitational Travel
In support of NAPSR and NARUC initiatives, PHMSA may provide invitational
travel (100% funding) for the following:
1. The current NAPSR Chair and/or Vice-Chair to attend the NAPSR
National meeting and five NAPSR region meetings excluding the
meeting(s) held in their respective region. In the absence of the
Chair or Vice Chair, the Secretary may attend under Invitational
Travel.
2. GAC: The current NAPSR Chair, Vice-Chair, Secretary, Past Chair
and five State Agency representatives (one from each region). An
alternate representative may attend in the absence of the region
representative provided the NAPSR Chair consults with PHMSA
Director of State Programs on the appointment and notifies the
PHMSA State Programs point of contact (POC) about the selection.
3. NARUC Staff Subcommittee on Pipeline Safety: Five State Agency
representatives (one from each NAPSR Region) as designated by
the NAPSR Chair may receive Invitational Travel to attend NARUC
Staff Subcommittee on Pipeline Safety functions.
4. NAPSR Committees, Task Groups, and or other special projects: As
deemed necessary and agreed to by PHMSA Director of State
Programs in concurrence with NAPSR Chair.
Each NAPSR/NARUC committee representative that has not traveled under
federal invitational travel orders shall complete the E-2 User Profile Request
form. The form shall be completed prior to submitting the PHP Travel Request
Form. All travel requests will need to be submitted at least one month prior to
each tentative meeting. All Travel Requests and Travel Vouchers are submitted
using the following e-mail address: PHMSAStateInvitationalTravel@dot.gov.
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The Federal/State Partnership
All forms are available on NAPSR website, by contacting the NAPSR
Administrative Manager or by contacting PHMSA State Programs Point of
Contact (POC). Once the POC has reviewed and concurs with the request,
each committee member will be provided additional details on travel
arrangements. Requests may be denied if not submitted within the time frame
mentioned above or prior travel reimbursement voucher has not been
submitted by the representative to PHMSA Headquarters for process.
In general, PHMSA will provide airline tickets for the approved travel and
reimburse the traveler (not the State Agency) for other expenses at the
standard government per diem rates. The federal lodging and per diem rates
are located at: http://www.gsa.gov/portal/category/21287 and Airline City Pairs
at: https://www.gsa.gov/plan-book/transportation-airfare-pov-etc/airfare-rates-
city-pair-program (Rental car transportation is not typically a reimbursable
expense.)
To ensure invitational travel voucher requests are processed in a proper and
timely manner, committee members need to submit the PHP Invitational
Voucher Form as soon as they return from the meeting. The individual traveler,
or group/committee designee, shall also submit a written summary of the
meeting events within 30 days after the meeting to the NAPSR Administrative
Manager and PHMSA Director of State Programs.
1.6 Mutual Aid
Just like natural gas utilities that rely on mutual aid provided by other gas
companies during certain events, a State Agency may need support from
OPS or other State Agencies during large incidents, outages, or
restorations. Any need for OPS support shall be requested through
PHMSA State Programs. Any need for other State Agency support must
be requested through the requesting State’s department that handles the
Emergency Management Assistance Compact (EMAC). The EMAC
process details the needs of the requesting State Agency, the process for
responding State Agencies to estimate their available resources including
costs and the process for responding State Agencies to be reimbursed by
the requesting State Agency. In addition to the EMAC process, PHMSA
State Programs must be consulted to ensure that State Agencies
proposing to provide mutual aid are suitable to provide assistance.
The following conditions apply to mutual aid:
Inspection days can only be counted for inspecting facilities in
accordance with the State Certification and therefore NO inspection
days can be counted by the responding State Agency performing
inspections on behalf of the requesting State Agency.
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The Federal/State Partnership
State Agencies that do not meet their required number of inspection
days will lose points on the Progress Report score unless waived by
the PHMSA Director of State Programs for good cause. Although a
responding State Agency could request a waiver for failing to meet the
required number of inspection days, there is no guarantee that the
waiver would be approved.
The number of days spent supporting a State Agency in need of
mutual aid would be a consideration for waiving the points for the
required number of inspection days. A simple spreadsheet
documenting the inspector’s name and dates providing support to the
requesting State Agency would be necessary to consider the waiver of
required inspection days.
A State Agency should consider the impact to safety in their home
state before rendering aid to another state.
Costs for the responding State Agency CANNOT be charged to the
Base Grant by the responding State Agency. Costs for the responding
State Agency can be reimbursed by the requesting State Agency
through the EMAC process. Costs reimbursed to responding State
Agencies by the requesting State Agency can be charged to the Base
Grant by the requesting State Agency.
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State Participation Requirements
2 State Participation Requirements
State Agency participation in the pipeline safety program is based on voluntary
submission of a Certification pursuant to 49 U.S.C. 60105, or of an Agreement
pursuant to 49 U.S.C. 60106. State Agency participation may also include
acting as an Interstate Agent on behalf of PHMSA.
Under a 60105 Certification, the State Agency assumes inspection and
enforcement responsibility with respect to intrastate facilities over which it has
jurisdiction under State law. With a Certification, the State Agency may adopt
additional or more stringent standards for intrastate pipeline facilities provided
such standards are compatible with Federal regulations. Under a60106
Agreement or an Interstate Agent Agreement, the State Agency assumes
inspection responsibility for facilities and reports Probable Violations to PHMSA
for enforcement.
Under a Certification, Agreement, or Interstate Agent Agreement, the State
Agency may not subcontract pipeline safety-related work activities without prior
approval from PHMSA. If the State Agenc
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