Due to the amount of interest in the May DOT seminar, RCP is planning to repeat the two and a half day seminar on June 14-16 in Houston, Texas. Registrations will be accepted for each day independently, with group and multi-day discounts available. For more information on the seminar, please contact Bill Byrd at wrbyrd@your-rcp.com or phone 225-229-8080. To register please contact Marilyn at marilyn@your-rcp.com or phone 225-755-7760.

For more information, visit the seminar webpage at

http://www.your-rcp.com/dotseminar2000.htm.

You can also download a seminar brochure in .pdf format by going to

http://www.your-rcp.com/downloads/misc/brochure.pdf

(Requires Adobe Acrobat)

On April 28, 2000, EPA Region IV issued modifications to their general stormwater discharge permit for construction activities. These modifications will affect activities within the State of Florida, and within Indian Country Lands in Florida, Mississippi, and North Carolina. The general permit modification is effective on July 1, 2000. Deadlines for compliance with the modification conditions are included in the notice, which can be downloaded from RCP's website at

http://www.your-rcp.com/downloads/Misc/65 FR 25122 4-28-2000.htm.

Acquiring a pipeline?

RCP can provide due diligence audits to help you ensure that potential compliance issues have been addressed before the sale is final.

The U.S. Department of Transportation Office of Pipeline Safety hosted a 1.5 day workshop April 27 and 28 in Washington D.C. concerning the DOT's Unusually Sensitive Area (USA) rulemaking. The USA rule will be used in current and future regulations associated with spill response, low pressure pipelines, emergency flow restricting devices, increased pipeline inspection, risk management, and integrity management in high consequence areas. The purpose of the workshop was to initiate a peer review of the proposed approach to defining USAs.

The first 10 states slated for USA identification completion are TX, OK, KS, LA, IL, WY, NM, CA, MO, and MT. These 10 states contain about 75% of the hazardous liquid pipelines in the United States. The DOT is targeting to have USA maps for these states by the end of 2000. Peer reviewers (primarily academia and agency personnel) are expected to provide their input/comments to the DOT by May 19th. The DOT plans to publish a final rule on USAs by 12/00. The DOT intends to post a summary of the workshop on their website at http://ops.dot.gov.

On April 13, 2000, the EPA announced an opportunity for the regulated community to participate in the Storage Tank Emission Reduction Partnership Program. Companies electing to participate in this program must submit a notice of intent by June 12, 2000, and an executed partnership agreement by December 11, 2000. The EPA solicited public comment on this proposed program on January 14, 2000 (see our February newsletter at

http://www.your-rcp.com/newsletters/uscgnewsfeb2000.htm. The more salient features of the Storage Tank Emission Reduction Partnership Program are summarized below:

• Each company intending to participate must notify EPA of its intent to participate within 60 days and there identify each facility it intends to include under this program, using its unique EPA Identification Number.
• Participating companies must assess all of their NSPS Subpart Ka/Kb external floating roof tanks with slotted guidepoles and are encouraged to assess all of their NSPS Subpart Ka/Kb internal floating roof tanks with slotted guidepoles.
• Acceptable slotted guidepole controls under this program are identified. Use of such controls does not affect other regulatory obligations that may exist under state or federal law (e.g., to sample tank contents for compliance with other regulatory programs).
• EPA is not requiring that penalties be paid as a condition of program participation, but if a participating company fails to implement its agreed-to controls in a timely manner, stipulated penalties would be imposed.
• The terms and conditions for program participation are specified in the participation agreement that each participant must execute.
• Each participating company must submit an executed participation agreement, including a complete Annex A, within 240 days. Annex A must provide a facility listing (using its EPA identification Number) that identifies its NSPS Subpart Ka/Kb external floating roof tanks with slotted guidepoles and those of its NSPS Subpart Ka/Kb internal floating roof tanks that it intends to include under this program. Annex A must also specify the controls that were or will be installed, as well as predict the emission reductions that will be achieved after these controls are installed.

The DOT / Office of Pipeline Safety requires that OPA90 plans be reviewed at least every 5 years from the date of submission, and that plans be modified and resubmitted within 30 days if any qualifying changes are required (49 CFR 194.121). The original plan submittal deadline was February 18, 1993. Interim approvals until August 18, 1995 were granted to companies that made appropriate certifications (49 CFR 194.119(e)). The original rule was published on January 5, 1993, and was modified on December 24, 1997, and July 13, 1998. An additional rulemaking is anticipated very soon. Indications are that OPS may take enforcement action against companies that are not in compliance with the submittal deadlines and / or have plans that do not reflect current pipeline operations and the current regulatory requirements.

RCP has developed a general interest site for OPA90 planning issues at http://www.opa90.com. Feel free to contact us directly if you require assistance with your OPA90 plan reviews and modifications. Ask for Roger at 225-755-7760.

Help Wanted

Know someone with regulatory expertise who is interested in full or part time work? Our recruiting coordinator would be glad to get their resume! Have them sent to marilyn@your-rcp.com, or FAX to 225-755-7786.

On April 11, EPA issued revisions to their Audit Policies for both large and small businesses. The Audit Policies provide incentives for regulated entities to detect, promptly disclose, and expeditiously correct violations of Federal environmental requirements. Entities that meet the appropriate policy requirements are eligible for 100% mitigation of any gravity-based penalties that otherwise could be assessed. On the criminal side, EPA will generally elect not to recommend criminal prosecution by DOJ or any other prosecuting authority for a disclosing entity that meets at least conditions two through nine, as long as its self-policing, discovery and disclosure were conducted in good faith and the entity adopts a systematic approach to preventing recurrence of the violation. Repeat violations, those that result in actual harm to the environment, and those that may present an imminent and substantial endangerment are not eligible for relief under this Policy. Companies will not be allowed to gain an economic advantage over their competitors by delaying their investment in compliance. And entities remain criminally liable for violations that result from conscious disregard of or willful blindness to their obligations under the law, and individuals remain liable for their criminal misconduct. The revised final policies take effect May 11, 2000.

The revise policies are available on RCP's website at:

http://www.your-rcp.com/downloads/Misc/65 FR 19618 4-11-00 FR EPA Audit Policy.htm

http://www.your-rcp.com/downloads/Misc/65 FR 19630 4-11-00 Small Business Compliance Policy.htm

Note that compliance with the policy's conditions can help to avoid criminal prosecution. Contact RCP if your company needs assistance with establishing the necessary compliance assurance programs.

On April 24, 2000, the DOT proposed regulations to test, repair and validate through analysis the integrity of most hazardous liquid pipelines that could affect populated areas, commercially navigable waterways, and areas unusually sensitive to environmental damage (high consequence areas). In these proposed high consequence areas, OPS is proposing that an operator develop and follow an integrity management program that continually assesses and evaluates the integrity of those pipelines that could affect a high consequence area, through internal inspection or pressure testing, and data integration and analysis.

Through this required program, OPS expects operators to comprehensively evaluate the entire range of threats to pipeline integrity by analyzing all available information about the pipeline and consequences of a failure. This would include information on the potential for damage due to excavation, data gathered through the required integrity assessment, results of other inspections and tests required by the pipeline safety regulations, including corrosion control monitoring and cathodic protection surveys, and information about how a failure could affect the high consequence area, such as location of water intakes.

The proposed rule requires an operator to take prompt action to address the integrity issues raised by the assessment and analysis. This means an operator must evaluate and repair all defects that could reduce a pipeline's integrity according to specified risk criteria. The integrity of these pipelines would be further assured through other remedial actions, and preventive and mitigative measures. DATES: Interested persons are invited to submit comments on this notice of proposed rulemaking (NPRM) by June 23, 2000. To do so, log on to the following Internet Web address: http://dms.dot.gov. Click on "Help & Information" for instructions on how to file a document electronically. All written comments should identify the docket and notice numbers stated in the heading of this notice.

FOR FURTHER INFORMATION CONTACT: Mike Israni, (202) 366-4571, or by e-mail: mike.israni@rspa.dot.gov, regarding the subject matter of this proposed rule, or the Dockets Facility (202) 366-9329, for copies of this proposed rule or other material in the docket. All materials in this docket may be accessed electronically at http://dms.dot.gov. General information about the RSPA/Office of Pipeline Safety programs may be obtained by accessing OPS's Internet home page at http://ops.dot.gov.

We continue to receive questions from pipeline operators concerning jurisdiction of offshore pipelines – specifically in the Gulf of Mexico. The general guideline (in federal waters) is that a pipeline operated by a "producing" company is regulated by the DOI / MMS, and a pipeline operated by a "transportation" company is regulated by the DOT / OPS. Note that this guidance is not binding on pipelines that are in STATE waters, where the DOI / MMS does not have jurisdiction over pipeline safety. When in doubt, there is no better approach than to review the specific rulemakings on this subject, which we have posted at

http://www.dotpipeline.org/dot/downloads.htm.

Visit DOTPipeline.org

RCP has developed a specialty web-site dedicated to DOT / Office of Pipeline Safety issues. It contains a "browse-able" version of the full text of 49 CFR 190 – 199, with the letters of interpretation organized under each applicable subpart. The site features full text search capabilities of both the rules and the letters of interpretation. Search results are displayed through your web browser just like a standard Internet search. The "best" hits are listed first, and all hits include an abstract of the target document. The site also features a calendar of events, a downloads section containing files and presentations of interest to pipeline operators, links to other pipeline sites and associations, and more. The site, like our newsletters, is FREE. Check it out and give us your feedback and suggestions for additional content.

Note: some of the more advanced features on the site will only work with the latest version of the most popular web browsers.

Click here to download a PDF Version of the DOT's Regulatory Summary as of March 9, 2000

(Requires Adobe Acrobat to view)

In March, we provided you an update of the entire Rulemaking Current Status of the OPS, and then updated it in April. These newsletters have been archived on our web site and can be viewed at

http://www.your-rcp.com/newsletters.html.

The following are the current changes to that summary. The full Rulemaking Summary will be updated by the DOT in the upcoming weeks and will be included in our June Newsletter.

Further Regulatory Review; Gas Pipeline Safety Standards
No further developments.Passage of Internal Inspection Devices

The final rule in response to the petitions, public comments, and recommendations from the advisory committee is now being prepared for publication by May 2000, rather than April as reported last month.Response Plans for Onshore Oil Pipeline
Final action is likely soon.Docket No. RSPA-99-6157

Emergency Flow Restricting Devices (EFRD)
No further developments.Increased Inspection Requirements
No further developments.Pipeline Safety: Underwater Abandoned Pipeline Facilities
(Docket No. RSPA-97-2094)
No further developments Pending Audits?

Has the DOT notified you of a pending audit? RCP can provide confidential internal auditing to help ensure that your facilities are up to the agency's latest standards.

Pipeline Safety: Recommendations to Change Hazardous Liquid Pipeline Safety Standards (Docket No. RSPA-97-2717)
No further developments.Pipeline Safety: Corrosion Control on Gas and Hazardous Liquid Pipelines
(Docket No. RSPA-97-2762)
No further developments.Pipeline Safety: Rapid Isolation of Ruptured Sections of Gas Transmission Pipelines
(Docket No. RSPA-97-2879)
No further developments.Pipeline Safety: Periodic Underwater Inspections (Docket No. RSPA-97-3001)
No further developments.Pipeline Safety: Adoption of Industry Standards for Liquefied Natural Gas Facilities
(Docket No. RSPA-97-3002)
No further developments.Pipeline Safety: Enforcement Procedures
(Docket No. RSPA-98-4284)
No further developments.Pipeline Safety: Pressure Testing Older Pipelines in Terminals
(Docket No. RSPA-98-4316)
No further developments.Pipeline Safety: Gas Gathering Line Definition
(Docket No. RSPA-98-4868)
No further developments.Areas Unusually Sensitive to Environmental Damage (USAs)
(Docket No. RSP-99-5455)
No further developments.Pipeline Safety: periodic Updates to Pipeline Safety Regulations (1999)(Docket No. RSPA-99-6106)
No further developments.Pipeline Safety: Producer-operated Outer Continental Shelf Gas and Hazardous Liquid Pipelines that Cross into State Waters
(Docket No. RSPA-99-6132)
No further developments.Pipeline Safety: Pipeline Integrity Management in High Consequence Areas
(Docket No. RSPA-99-6355)
No further developments.Periodic Updates to Pipeline Safety Regulations (2000)(Docket No. RSPA-99-6355)
No further developments.

Visit Regulatory Compliance Partners on the Web at

or give us a call at 1-888-RCP-X-YES to see what we can do for you.