The American Petroleum Institute (API) announced today the release of a new pipeline safety management system standard, ANSI/API Recommended Practice 1173.
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Incident Response
PHMSA Rail Transportation Rules Reflect Pressure to Act in the Face of Recent Oil Train Derailments
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Under pressure from Congress, NTSB, and the public to take regulatory action in light of recent accidents involving oil trains, PHMSA finalized its regulations applicable to “High-Hazard Flammable Trains” in a Final Rule issued a mere nine months after it was proposed in an August 1, 2014 Notice of Proposed Rulemaking.…
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Advisory Regarding Damage to Pipelines from Flooding
PHMSA issued an updated advisory regarding the potential for damage to pipeline facilities caused by severe flooding. Presumably prompted by the January 2015 release to the Yellowstone river in Glendive, Montana, associated with an area of exposed pipeline on the river bottom, the Agency reiterated the nine (9) actions it has set forth in prior advisories to prevent and mitigate damage to pipelines impacted by flooding. …
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PHMSA-Sponsored Publications Provide Planning Tools for Hazard Mitigation and Emergency Response
Two recent PHMSA-sponsored publications emphasize stakeholder advance planning as key to reducing the likelihood and consequences of pipeline incidents. …
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EPA Proposes New Standards for Use of Dispersants Under the National Contingency Plan
By Hunton Andrews Kurth LLP on
EPA has proposed to revise requirements under the National Oil and Hazardous Substance Contingency Plan (NCP) to address concerns raised during the Deepwater Horizon oil spill pertaining to the use of dispersants and other spill mitigating products.…
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GAO Recommends that DOT Address Risks from Unregulated Gathering Pipelines
By Hunton Andrews Kurth LLP on
In response to a request from Congress to study the impact of shale oil and gas development on transportation infrastructure and safety, the Government Accounting Office (GAO) recently published a report commenting on these developments and focusing on DOT’s response to address safety risks posed by rail and pipeline transportation. …
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Increased LNG Export Proposals Challenge Agency Review
By Hunton Andrews Kurth LLP on
Increased natural gas production from shale formations in the U.S. has led to a notable increase in applications for regulatory approvals of liquefied natural gas (LNG) exports and construction of LNG export facilities. …
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Proposed Rules Target Rail Transportation of Crude and Ethanol
By Hunton Andrews Kurth LLP on
In response to recent crude oil train derailments in the U.S. and Canada, PHMSA has proposed two rulemakings intended to prevent and mitigate the consequences of crude by rail incidents.…
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States Increasingly Active in Oil Spill Response and Pipeline Safety
In response to recent oil spills by rail and pipeline as well as a report by DOT’s Office of Inspector General criticizing PHMSA oversight of state pipeline safety programs, states are becoming increasingly active in oil spill response and oil transportation safety. Under the Oil Pollution Act of 1990 (OPA), state spill response regulations may exceed federal requirements. 33 U.S.C. 2718 (stating that OPA does not preempt a State’s imposition of additional liability or requirements regarding oil releases within the State or any removal activities associated with a release). Some states, including California, Washington, Oregon, and Alaska, already impose additional spill response requirements.
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Canada Proposes Strict Liability Rules for Oil Pipeline Releases
By Hunton Andrews Kurth LLP on
Posted in Environmental, Incident Response
Canada’s Minister of Natural Resources recently announced measures to enhance the liability and accountability of pipeline companies for oil spills. The proposed measures, which have not yet been presented to the Canadian Parliament but are intended to become effective by 2017, introduce absolute liability for owners and operators of federally regulated pipelines. …
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