In a decision that has significance to hazardous liquid pipeline operators nationally, PHMSA has denied a Petition for Reconsideration of a matter involving an oil tank overflow incident at a Buckeye facility that occurred in 2005.  The oil was contained within a diked area, and promptly cleaned up.  The next day a state environmental official requested removal of some additional soil, which caused response costs to slightly exceed the $50,000 reporting threshold established in PHMSA rules, at Parts 195.50 and 195.52.  The operator promptly reported the incident to the National Response Center (NRC) as soon as these reporting obligations were met.
Continue Reading PHMSA Rules That Releases Must Be Reported Before They Are “Reportable”

PHMSA issued an advisory that clarifies the need to perform post accident drug and alcohol testing, within the mandated timelines of the regulations, of each covered employee whose performance either contributed to an accident/ incident or cannot be completely discounted as a contributing factor to an accident/ incident. The advisory was issued in response to

On June 28, 2010, in response to the Gulf oil spill, PHMSA issued an Advisory Bulletin to all liquid pipeline operators, requiring operators to review and, if necessary, revise and update their spill response plans. Such plans are required under 49 C.F.R. Part 194 (DOT’s implementation of OPA-90 spill response requirements). PHMSA notes that in