PHMSA's Pipeline Damage Prevention Programs Final Rule

PHMSA recently issued its Pipeline Damage Prevention Programs Final Rule, a significant step toward reducing the number of pipeline incidents caused by excavation damage. The rule was developed in response to a persistent and preventable cause of pipeline incidents across the country.

The Scope of the Problem

PHMSA Interim Executive Director Stacy Cummings summarized the severity of the issue: between 1988 and 2014, excavation damage caused 1,815 pipeline incidents , resulting in 193 deaths , 757 injuries , and more than $545 million in property damage . These are sobering numbers that underscore the need for stronger damage prevention programs.

What the Final Rule Establishes

The Final Rule establishes four specific requirements for state pipeline damage prevention programs:

1. Requirement for one-call notification systems in all states
2. Standards for evaluating the effectiveness of state damage prevention programs
3. Requirements for enforcement of excavation damage prevention laws
4. Criteria for states to develop and implement enhanced civil penalty authorities

Background

The rule has a long history. Congress first directed PHMSA to address pipeline damage prevention in the Pipeline Inspection, Protection, Enforcement, and Safety (PIPES) Act of 2006. PHMSA published an Advanced Notice of Proposed Rulemaking (ANPRM) in 2009, followed by a Notice of Proposed Rulemaking (NPRM) in 2012, before finally issuing this Final Rule.

For more information, refer to the Federal Register for the complete text of the Final Rule. Questions? Contact EWN.