Features

The Railroad Commission of Texas Takes a Look at Chapter 18, Four Years On

The Pipeline Safety Division of the Railroad Commission of Texas is hosting a series of stakeholder regulatory workshops to discuss possible amendments to Chapter 18, relating to the underground pipeline damage prevention program. Since the rules originally took effect in September of 2007, we have had several years of experience working under the only enforced damage prevention law in Texas.

Currently, RRC staff and the regulated industry agree on the need to make some changes to clarify the intent of the rules, simplify some of the requirements, and streamline the process to the extent possible.

A public workshop was conducted by RRC staff on August 18, 2010, for discussion of proposed rule changes; approximately 250 individuals attended and offered comments & suggestions. The Top-Ten Discussion Topics from this 2010 meeting were:
1. Calling 911 – when an excavator damages a facility and when an operator arrives on the site of an accident and 911 hasn’t been called.
2. Penalty Guidelines – possible increase in penalty amounts for repeat offenders, major occurrences, no call before digging, mismarking, etc.
3. Excavation Depth – possibly to eliminate or change the minimum depth of excavation
4. Tolerance Zone – considering changes to the tolerance zone or to work allowed in a tolerance zone
5. Locate Ticket – permissible size of an excavation project on one locate ticket; ticket life; ticket ownership (general/subcontractor)
6. Positive Response – definition of positive response and delivery methods
7. TDRF Reporting Requirements – requirements and time frames for completing the Texas Damage Reporting Form
8. No Facilities Where Marked or Unknown Facilities Found – who and how an excavator notifies when unexpected situations are encountered in the field
9. Requirement to Investigate & Collect Damage Data – what information must be collected and when for completion of the TDRF
10. Incorporate Certain Referenced Requirements/Standards into Chap. 18 sections – which citations to incorporate from Utility Code Title 5 Chapter 251, such as required map updates, notice requirement, exemptions, etc.
The individual stakeholder group meetings for November and December 2011 were scheduled as follows:
• November 28th: One Call Board of Texas and notification center management
• November 30th: Locating Services
• December 6th: Gas & Liquid Pipeline Operators, American Gas Association, Southern Gas Association, TX Gas Association, TX Oil & Gas Association, TX Pipeline Association, TX Pipeline Safety Coalition, TX Independent Producers & Royalty Owners Association, TX Alliance of Energy Producers.
• December 7th: Excavators – Larger Contractors & Road Construction, Associated General Contractors of TX, TX Dept. of Transportation, TX Association of Counties, TX Board of Professional Land Surveying, TX Society of Professional Surveyors, TX Railroad Association.
• December 9th: Excavators – Underground Facility Operators & General Excavation Activity, Telecommunications, Electric, Cable, Fiber, TX Association of Builders, TX Cable Association, TX Electric Cooperatives, TX Farm Bureau, TX Fence Association, TX Nursery & Landscape Association, TX Public Power Association, TX Telephone Association, Association of Pool and Spa Professionals – TX Chapter, Damage Prevention Councils of TX.
• December 15th: Excavators – Municipalities & Cities, Water, Sewer, Drainage, TX Municipal League, TX Public Works Association, TX Water Utilities Association, TX Rural Water Association.
The meetings have been very useful and have begun a very valuable conversation about the need for enforcement and the reason we are working and cooperating together – making Texas a safer place to live and work.