Interpretation Response #PI-09-0003 ([Enbridge Energy Partners, L.P.] [Ms. Denise Hamsher])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Enbridge Energy Partners, L.P.
Individual Name: Ms. Denise Hamsher
Country: US
View the Interpretation Document
Response text:
June 24, 2009
Ms. Denise Hamsher
Director, Public, Government and Regulatory Affairs
Enbridge Energy Partners, L.P.
1100 Louisiana
Houston, TX 77002
Dear Ms. Hamsher:
On January 19, 2005, you wrote to the Pipeline and Hazardous Materials Safety Administration (PHMSA) requesting interpretations of 49 CFR Parts 194, 195 and 199. Enbridge is requesting clarification on the limited use of Canadian first responders to support local emergency response agencies for a pipeline emergency in the U.S. when the Canadian personnel are located geographically closer to the emergency than U.S. personnel. These non-U.S. based first responders would carry out limited duties focused on public safety and environmental protections until U.S. based responders arrive.
You specifically requested clarification as to whether the training you provide Canadian emergency crews would meet emergency response and PHMSA's Operator Qualification (OQ) pipeline safety regulations. Also, because Enbridge's non-U.S. based employees are not subject to PHMSA's random drug and alcohol testing requirements, you seek clarification on the applicability ofPHMSA's drug and alcohol testing regulations in the event they perform first responder duties in the U.S. during a pipeline emergency.
Emergency Response Training
You asked whether Enbridge's emergency response training records would be sufficient to meet PHMSA's emergency training requirements and add that your emergency responders receive extensive training in emergency response procedures similar to Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response (HAZWOPER) standard.
Though many U.S. pipeline operators use HAZWOPER training to meet a portion ofPHMSA's emergency response training requirements, HAZWOPER is an OSHA standard not a PHMSA regulation. PHMSA's emergency response training requirements are at 49 CFR 195.403 for hazardous liquid pipelines. We list additional training requirements at 49 CFR 194.117 for pipelines with oil spill response plans, such as the Enbridge pipeline.
Under PHMSA's perfonnance based regulations, pipeline operators can use a variety of methods and resources to provide emergency response training as long as they meet all the training requirements and keep adequate records to show compliance. Therefore, PHMSA will accept non-U.S. emergency response training for purposes of assessing compliance with Parts 194 and 195 for Enbridge's non-U.S. based emergency response personnel in the same way we would accept and review a U.s. based training program during a compliance audit. That is, Enbridge's training program must provide all the required training and you must adequately document the training in records available for inspection in the U.S. by PHMSA at reasonable times.
Operator Qualification
You ask whether alternative qualification training would be accepted and that, "Similar to our emergency responder training in Canada ... Enbridge also provides extensive qualification training/or employees in the types 0/ tasks they are expected to complete." You indicate Canadian employees would respond by, among other things:
" continning the event and exact location of the pipeline failure;
" notifying, and if necessary, evacuating nearby residents; and
" isolating the affected segment by manual closure of valves that cannot be remotely closed by the Control Center.
PHMSA's OQ regulations in Part 195 govern "covered tasks," which are tasks that meet all components of § 195.501(b), generally referred to as the "four-part test." The manual closure of valves is an OQ covered task. The other tasks listed above could be OQ covered tasks in some circumstances. Enbridge should analyze how it will perfonn all anticipated emergency response tasks to detennine if they meet the four-part test in § 195.501(b).
Enbridge must then meet the OQ regulations of Part 195 for all emergency response personnel who might perfonn manual valve closures and any other OQ covered tasks if responding to an emergency in the U.S .
Drug and Alcohol Testing
The random testing requirements in 49 CFR Part 199 apply "only with respect to employees located within the territory of the United States." Therefore, non-U.S. based employees are not subject to random testing. However, to the extent an employee responding to a cross-border emergency perfonned in a manner that may have contributed to the accident, that employee is potentially subject to post-accident testing. In addition, supervisors overseeing such employees must be trained to effectively perfonn their drug or alcohol suspicion testing responsibilities. This employee monitoring and potential suspicion testing is a supervisory imperative in ensuring that substance abuse does not contribute to any accident/incident. All potential drug or alcohol post-accident or suspicion testing, and any relevant supervisory detenninations must be performed and documented according to applicable sections of Enbridge' s Part 199 compliant substance abuse plans and procedures and records kept for the duration of the employee's tenure in this safety-sensitive position. These records can be discarded after five years from the date the employee leaves this position. All these aforementioned requirements would apply to both Enbridge's direct Canadian employees and any Canadian contractor/subcontractor employees perfonning emergency response in the U.S. on behalf of Enbridge.
If I can further assist you with this, or any other pipeline safety regulatory matter, please contact me at (202) 366-3015.
Sincerely,
John A. Gale
Director, Office of Regulations