Dave Berry - Comment

I am writing to comment on the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) Advanced Notice of Proposed Rulemaking regarding Pipeline Safety: Pipeline Damage Prevention Programs. On October 29, 2009, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published an Advanced Notice of Proposed Rulemaking seeking public comment on how it should determine the adequacy of state enforcement of pipeline damage prevention programs. The criteria PHMSA uses to determine the adequacy of state enforcement efforts is very important -- for example, it sets the stage for whether PHMSA will initiate federal enforcement actions and whether states may be eligible for federal grant funding. When considering damage prevention, one factor that PHMSA must consider is cross bores. The danger of cross bores posed by unmarked utilities, especially unmarked sewer lines, is a compelling, national public safety issue. “Cross bores” refer to an unintended intersection of an existing underground utility by a second utility resulting in compromising the integrity of either utility line. The Cross Bore Safety Association (CBSA) states that cross bores between natural gas distribution lines and sewer lines have been found to occur as often as two to three times for every mile of gas main line. The failure to adequate locate all underground facilities has resulted in life threatening injuries, catastrophic property damage, and hundreds of millions of dollars. Many natural gas, electric, telephone and cable distribution companies have adopted programs to minimize cross bores and damage to existing utilities, but certain issues make their efforts more difficult. States have varying requirements for locating. Some utilities have specific limitations to requirements to locate. Interested parties have advocated for increased regulation that requires all companies to locate utilities which they own or control. Standardization of requirements nationally delineating responsibilities for locating utilities and avoiding creation of cross bores are thought by many to provide benefits and economies. In 2006 both the Distribution Contractors Association (DCA) and the National Utilities Contractors Association (NUCA) published position papers that support the enforcement of damage prevention laws requiring all owners/operators of underground facilities to locate and mark all underground lines including sewer lines. Therefore, as PHMSA considers criteria for determining the adequacy of state damage enforcement programs, I strongly urge PHMSA to include the above criteria. Those states that fail meet these criteria included in Pipeline Safety: Damage Prevention Program should be found to have inadequate state damage enforcement programs and should, among other things, be barred from federal grant funding.