49 CFR § 192.935 - What additional preventive and mitigative measures must an operator take?

§ 192.935 What additional preventive and mitigative measures must an operator take?
Link to an amendment published at 89 FR 33282, Apr. 29, 2024.

(a) General requirements.

(1) An operator must take additional measures beyond those already required by this part to prevent a pipeline failure and to mitigate the consequences of a pipeline failure in a high consequence area. Such additional measures must be based on the risk analyses required by § 192.917. Measures that operators must consider in the analysis, if necessary, to prevent or mitigate the consequences of a pipeline failure include, but are not limited to:

(i) Correcting the root causes of past incidents to prevent recurrence;

(ii) Establishing and implementing adequate operations and maintenance processes that could increase safety;

(iii) Establishing and deploying adequate resources for the successful execution of preventive and mitigative measures;

(iv) Installing automatic shut-off valves or remote-control valves;

(v) Installing pressure transmitters on both sides of automatic shut-off valves and remote-control valves that communicate with the pipeline control center;

(vi) Installing computerized monitoring and leak detection systems;

(vii) Replacing pipe segments with pipe of heavier wall thickness or higher strength;

(viii) Conducting additional right-of-way patrols;

(ix) Conducting hydrostatic tests in areas where pipe material has quality issues or lost records;

(x) Testing to determine material mechanical and chemical properties for unknown properties that are needed to assure integrity or substantiate MAOP evaluations, including material property tests from removed pipe that is representative of the in-service pipeline;

(xi) Re-coating damaged, poorly performing, or disbonded coatings;

(xii) Performing additional depth-of-cover surveys at roads, streams, and rivers;

(xiii) Remediating inadequate depth-of-cover;

(xiv) Providing additional training to personnel on response procedures and conducting drills with local emergency responders; and

(xv) Implementing additional inspection and maintenance programs.

(2) Operators must document the risk analysis, the preventive and mitigative measures considered, and the basis for implementing or not implementing any preventive and mitigative measures considered, in accordance with § 192.947(d).

(b) Third party damage and outside force damage—

(1) Third party damage. An operator must enhance its damage prevention program, as required under § 192.614 of this part, with respect to a covered segment to prevent and minimize the consequences of a release due to third party damage. Enhanced measures to an existing damage prevention program include, at a minimum—

(i) Using qualified personnel (see § 192.915) for work an operator is conducting that could adversely affect the integrity of a covered segment, such as marking, locating, and direct supervision of known excavation work.

(ii) Collecting in a central database information that is location specific on excavation damage that occurs in covered and non covered segments in the transmission system and the root cause analysis to support identification of targeted additional preventative and mitigative measures in the high consequence areas. This information must include recognized damage that is not required to be reported as an incident under part 191.

(iii) Participating in one-call systems in locations where covered segments are present.

(iv) Monitoring of excavations conducted on covered pipeline segments by pipeline personnel. If an operator finds physical evidence of encroachment involving excavation that the operator did not monitor near a covered segment, an operator must either excavate the area near the encroachment or conduct an above ground survey using methods defined in NACE SP0502 (incorporated by reference, see § 192.7). An operator must excavate, and remediate, in accordance with ANSI/ASME B31.8S and § 192.933 any indication of coating holidays or discontinuity warranting direct examination.

(2) Outside force damage. If an operator determines that outside force (e.g., earth movement, loading, longitudinal, or lateral forces, seismicity of the area, floods, unstable suspension bridge) is a threat to the integrity of a covered segment, the operator must take measures to minimize the consequences to the covered segment from outside force damage. These measures include increasing the frequency of aerial, foot or other methods of patrols; adding external protection; reducing external stress; relocating the line; or inline inspections with geospatial and deformation tools.

(c) Risk analysis for gas releases and protection against ruptures. If an operator determines, based on a risk analysis, that a rupture-mitigation valve (RMV) or alternative equivalent technology would be an efficient means of adding protection to a high-consequence area (HCA) in the event of a gas release, an operator must install the RMV or alternative equivalent technology. In making that determination, an operator must, at least, evaluate the following factors—timing of leak detection and pipe shutdown capabilities, the type of gas being transported, operating pressure, the rate of potential release, pipeline profile, the potential for ignition, and location of nearest response personnel. An RMV or alternative equivalent technology installed under this paragraph must meet all of the other applicable requirements in this part.

(d) Pipelines operating below 30% SMYS. An operator of a transmission pipeline operating below 30% SMYS located in a high consequence area must follow the requirements in paragraphs (d)(1) and (d)(2) of this section. An operator of a transmission pipeline operating below 30% SMYS located in a Class 3 or Class 4 area but not in a high consequence area must follow the requirements in paragraphs (d)(1), (d)(2) and (d)(3) of this section.

(1) Apply the requirements in paragraphs (b)(1)(i) and (b)(1)(iii) of this section to the pipeline; and

(2) Either monitor excavations near the pipeline, or conduct patrols as required by § 192.705 of the pipeline at bi-monthly intervals. If an operator finds any indication of unreported construction activity, the operator must conduct a follow up investigation to determine if mechanical damage has occurred.

(3) Perform instrumented leak surveys using leak detector equipment at least twice each calendar year, at intervals not exceeding 7 1/2 months. For unprotected pipelines or cathodically protected pipe where electrical surveys are impractical, instrumented leak surveys must be performed at least four times each calendar year, at intervals not exceeding 4 1/2 months. Electrical surveys are indirect assessments that include close interval surveys, alternating current voltage gradient surveys, direct current voltage gradient surveys, or their equivalent.

(e) Plastic transmission pipeline. An operator of a plastic transmission pipeline must apply the requirements in paragraphs (b)(1)(i), (b)(1)(iii) and (b)(1)(iv) of this section to the covered segments of the pipeline.

(f) Periodic evaluations. Risk analyses and assessments conducted under paragraph (c) of this section must be reviewed by the operator and certified by a senior executive of the company, for operational matters that could affect rupture-mitigation processes and procedures. Review and certification must occur once per calendar year, with the period between reviews not to exceed 15 months, and must also occur within 3 months of an incident or safety-related condition, as those terms are defined at §§ 191.3 and 191.23, respectively.

[68 FR 69817, Dec. 15, 2003, as amended by Amdt. 192-95, 69 FR 18233, Apr. 6, 2004; Amdt. 192-95, 69 FR 29904, May 26, 2004; Amdt. 192-114, 75 FR 48604, Aug. 11, 2010; Amdt. 192-119, 80 FR 178, Jan. 5, 2015; Amdt. 192-125, 84 FR 52254, Oct. 1, 2019; Amdt. 192-130, 87 FR 20986, Apr. 8, 2022; Amdt. 192-132, 87 FR 52279, Aug. 24, 2022]