So much pipeline safety information!

Did you know we recently updated our briefing papers and added papers on three additional topics? These papers are a great source of ‘Pipeline Safety 101′ information – they are short and each focused on a single topic. They do not need to be read in order, though some basic understanding is helpful before reading about the more technical issues. Check them out if you haven’t already! Here is the full list:

 

Pipeline Safety Technical Experts Available

Check out our new listing of Pipeline Safety Technical Experts HERE!

The Trust published a Request for Qualifications in 2015, asking those with technical expertise in a whole range of pipeline safety issues to submit their information to us. Community organizations, local governments and individuals frequently ask the Trust for suggestions of independent technical experts with experience in engineering who can provide paid technical assistance in a broad variety of areas relating to oil and gas pipelines. They seek general advice, as well as specific advice related to pipeline conceptual design, construction methods, corrosion, pressure cycling, materials, electrical interference, air quality, mechanics, chemical impacts, siting safety, inspection techniques, leak detection, repair methods and a host of other topics. 

In order to provide an array of options to these local governments and community groups, we undertook this RFQ. Inclusion in the directory does not imply endorsement by the Trust. We appreciate those who responded to our request, and recognize how difficult it can be for communities to find independent experts able to provide unbiased information and advice. If you are someone seeking an expert, please have a look at our new listings here. If you are an expert, feel free to contact us to request inclusion in the future. 

Local options when thinking about new pipelines

Question of the weekThere are rumors of a new pipeline coming to my community. I’ve heard of another town with its own pipeline ordinance, but I also hear that it’s not up to the community and we really have no say. Should we pass our own ordinance and will it help?

You can pass your own ordinance, but whether it will help or not depends on where you are, what type of pipeline is proposed, and what the ordinance says.

It is true that in some circumstances communities “have no say,” but not all. There are a few circumstances over which the federal agencies have exclusive authority: FERC (Federal Energy Regulatory Commission) has exclusive authority over the routing of new interstate natural gas pipelines; and PHMSA, the federal pipeline safety agency, retains authority over rulemaking and enforcement of safety regulations governing oil and natural gas pipelines. States can seek certification from PHMSA to regulate the safety of intrastate pipelines, and once certified can write stronger regulations for those pipelines than the federal minimum regulations established by PHMSA. States can take on a stronger role in other areas as well – but that is a subject for another post. If not disallowed by the state, local communities can have an important role when it comes to land use and pipelines.

For situations where local rules are not preempted by other state or federal laws, there are a number of options for action:

When a pipeline is built, the pipeline operator typically needs to get road crossing permits and negotiate franchise agreements or easements for crossing public roads, using road rights of way or crossing parks or other land owned by the local government. Some communities do this as they need to, and others have an ordinance that governs all these types of franchise agreements or easements between the town/county and the pipeline operator. This type of ordinance typically avoids preemption issues with state or federal law, though we recommend consulting with an attorney in your area. Franchises can address things like notification to the local government, maintenance of the right-of-way, availability of information, required payments by operators, circumstances where relocation of the pipeline may be necessary (and who would pay for it), pipeline abandonment, insurance and financial guarantees, and other issues. For examples of franchise ordinances, see the Franchise page on our website.

There are also community ordinances that establish a setback or consultation area between the pipeline and certain development, homes, or businesses. There are no federal regulations that set an absolute minimum distance that a pipeline can be built from a house, so a number of communities have moved forward on their own to do this. One option is to establish a ‘consultation zone’ so the pipeline owner and property owner or developer of any new project have to talk with one another prior to going ahead with the development or the new pipeline. Another option is to pass an ordinance requiring setbacks that vary depending on what type of residential uses exist near the pipeline. We have examples of these types of ordinances as well on our website.

Setbacks are often intended to help prevent damage to the pipeline by people doing something stupid on top of it (like installing a swimming pool or fence), or to aid in evacuation by offering a bit more time for folks to get out of the area. But they are likely not wide enough to protect a person from an explosion on a high pressure pipeline (for larger diameter high pressure gas pipelines, that distance may need to be over 1,000 feet).

A local government could also choose to treat new pipelines as a conditional use and require a pipeline proponent to apply for and receive a conditional use permit before beginning construction within the jurisdiction. You can find an example of this option on our website as well (see Colorado example).

Chapter 4 of our Local Government Guide describes in more detail options that local communities have as they think about how best to prepare for the prospect of a new pipeline coming to town.

Technical Assistance Grant Opportunity – Apply Now

Question of the Week: I heard something about grants being offered to communities for hiring experts and promoting public participation in pipeline safety proceedings. Can you tell me more about how to access these funds?

Answer:

PHMSA recently announced a grant opportunity for Community Technical Assistance Grants – Applications are Due April 22, 2015. 

Community groups and local governments are eligible to apply for PHMSA Technical Assistance Grants (“TAG grants”) of up to $100,000 for technical advice on pipeline concerns, to enhance public involvement in official proceedings on pipeline safety, for production and implementation of local pipeline ordinances, or for a wide variety of other pipeline safety related projects. You can find an archive of the nearly 200 projects funded with these grants in past years here.

Here is the link to the full announcement: http://www.grants.gov/web/grants/view-opportunity.html?oppId=272688

From PHMSA:

The TAG program provides funding to communities for technical assistance and analyses of local pipeline safety issues. Technical assistance is defined as engineering or other scientific analysis of pipeline safety issues. The funding can also be used to help promote public participation in official proceedings. However, the funding may not be used for lobbying, in direct support of litigation, or for activities associated with regulatory compliance or typical operations and maintenance of pipeline facilities. Local projects can range from public awareness activities to technology solutions, such as the conversion of paper maps into electronic format. The awards have funded a broad range of activities, including:

o   Improvement of local pipeline emergency response capabilities

o   Improvement of safe digging programs

o   Development of pipeline safety information resources

o   Implementation of local land use practices that enhance pipeline safety

o   Community and pipeline awareness campaigns

o   Enhancements in public participation in official proceedings pertaining to pipelines

 

If you intend to apply for a grant, the preparation for doing so (obtaining online accounts and numbers and entering your proposal in the online system) takes quite a bit of effort and time, so plan accordingly to allow enough time before the deadline to get help if you need it.

 

We’re happy to help give you feedback on your TAG idea, or talk to you about what some other communities have done, so feel free to contact us for more information if you’re interested.

Background on the TAG Grants

When Congress began working to strengthen the nation’s pipeline safety laws in 2001, the forerunner of The Pipeline Safety Trust pushed for the creation of a federal program that would provide money to local governments and communities for hiring independent experts. These experts would help them obtain information so they could be informed and active participants in decision-making activities about pipelines running through—or proposed for siting in—their communities.

In the Pipeline Safety Improvement Act of 2002, Congress authorized the Technical Assistance Grant (TAG) program, which was based on a successful Superfund grant program that had been operating within the U.S. Environmental Protection Agency since 1988. However, Congress did not appropriate any program funds when it passed this law. Over the next four years, Congress failed to fund the TAG program, and the Office of Pipeline Safety (OPS), which is within the federal Pipeline and Hazardous Materials Safety Administration (PHMSA), didn’t move ahead to implement it. Consequently, the Pipeline Safety Trust worked with supporters in Congress to break this “logjam” and a provision was inserted in the Pipeline Inspection, Protection, Enforcement and Safety Act of 2006 to withhold funding from other activities until PHMSA established procedures and criteria for initiating the TAG program. In 2008, Congress provided $1 million in the federal budget for funding this program and in 2009 the Pipeline Safety Trust helped OPS develop criteria for evaluating grant applications.