Pipeline Damage Prevention General FAQ's
1. When a pipeline company is excavating is it the responsibility of the pipeline operator or the contracted excavator to make the notification calls?
2. Is the Texas Department of Transportation exempt from reporting damage?
3. Does the rule apply to underground pipeline appurtenances?
4. §18.1(d)(1) refers to an exemption for those facilities owned by a company located in a secured facility of that company. If a company owned 100% percent of a pipeline, but only 25% of the facility are they exempted or not?
5. How many positive response attempts is an operator required to make, to an excavator, in order to satisfy the requirements in §18.3(b)?
6. What should an operator do if they have no underground pipeline facilities in conflict with the excavation area and a specific method of positive response was not given by the excavator to the one-call center?
7. Under Texas Utility Code §251 an underground facility operator has to make a positive response within 48 hours regardless of Saturday, Sunday, or a holiday, if an “all clear: is to be given. Does a pipeline operator have to follow this requirement, or does an operator have 48 hours excluding a Saturday, Sunday, and/or holiday?
8. Does a pipeline project have to be white-lined?
9. What are the parameters of the protocols listed in §18.3(d)?
10. If a ticket size is deemed to be too large in §18.3(d) and an operator does not have facilities impacted by the project is the operator required to enter into protocols with the excavator for the project? If not, how should this be documented?
11. What is the time frame for the protocols to be initiated in accordance with §18.3(d)?
12. What happens if a face-to-face meeting takes place after the 48 working hours has expired and the operator has not had the opportunity to mark a facility after the issues being discussed have not been resolved or one side is unwilling to agree to and document a process?
13. Exploration and Production operations are exempt from participating in a one-call system provided they are not in a public or government right-of way. Are they also exempt from making a call and following the requirements of an excavator if they are digging?
14. Is it possible for an operator to have to make two or more positive responses? For example, if an excavator wants the pipe to be marked in addition to receiving a phone call and email, does the operator have to respond using all of those methods?
15. §18.5(d) requires an operator to respond within 4-hours of a notice of damage to their facility. What does respond mean?
16. Markings may be valid after the life of a ticket expires. How does the RRC plan to address this?
17. Can the diameter of the pipe be on the stake or flag?
18. How many working days does an operator have to report damage using the online Texas Damage Reporting Form (TDRF)?
19. If an operator damages their own line, will they have to fill out a TDRF?
20. Will an operator be required to submit a TDRF on damage to their system by their own contracted excavator?
21. If damages occur to yard lines or pipelines not owned by the operator (customer owned) do those damages need to be reported?
22. If the excavator makes an additional call to the Notification Center because the excavator did not receive a positive response to the initial request for a locate, what is the time frame for reporting such action to the Railroad Commission of Texas?
23. Does an operator have to report excavation damages found during anomaly digs?
24. Will exceptions be made for right-of-way (ROW) encroachments by landowners who damage pipeline facilities? For example, landowners, such as ranchers, and farmers who routinely work on the pipeline’s ROW without calling for locates.
25. Will the Railroad Commission be hosting educational seminars?
26. Will safety-training courses be given by the RRC?
27. Will operators and excavators be able to take a safety-training course to reduce an administrative penalty?
28. Will there be a process for disputing alleged violations?
29. If an excavator chooses to contest a violation will they be required to travel to Austin to do so, or can that be done at the local Commission offices?
30. Will excavators or operators be able to postpone appearing for a contested violation so as to combine several violations into one trip to the Commission?
31. Will the RRC online system track individuals, companies, or both?
32. Is information from the TDR system available to the public?
33. Will there be an area on the TDRF to report false emergencies?
34. If an excavator calls for a locate ticket and the ticket is marked as “Non-Compliance” meaning the excavator did not request an emergency locate and does not plan to wait the allotted time to have the pipelines marked, is the excavator in violation?
Response: The person performing the excavation. (§18.3)
2. Is the Texas Department of Transportation exempt from reporting damage?Response: No, unless the activity resulting in damage is within the scope of §18.1(d)(4). Reports filed on damages that fall under one of the exemption categories will only be used for statistical purposes and are encouraged to be filed.
3. Does the rule apply to underground pipeline appurtenances?
Response: Yes. (§18.2 (23))
Response: No, the operator must be in control of the entire pipeline and the facility location.
Response: The operator must provide a positive response per §18.5(a). The operator should make sure that the attempt is fully documented so that if and when an excavator makes a second call, as required, that the operator can prove that a positive response was attempted on the first call and another positive response was made for the second call (§18.5(b)). (Fully documented means: phone or fax number dialed, or email address used; the time and date of the positive response; and confirmation that the positive response was successful. If it was not successful, document what the problem was in making the positive response (busy signal, wrong number, etc.).
Response: The operator may choose the method of positive response.
Response: An operator will have 48 hours excluding Saturdays, Sundays, and legal holidays to make an “all clear” positive response or mark the pipeline facility.
8. Does a pipeline project have to be white-lined?
Response: No, a facility does not need to be white-lined if it can be described adequately on a locate request ticket. If it is too large to be white-lined then a face-to-face meeting is required to be conducted. §18.3(c) and §18.3(d).
9. What are the parameters of the protocols listed in §18.3(d)?
Response: The Safety Division interprets §18.3(d) of Chapter 18, Title 16 Texas Administrative Code as follows:
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1) The interval between each notice refers to the time allotted for the marking of the facilities. For example, if an operator and excavator agree to an interval of 7 days, the excavator must contact the notification center every 7 days to ensure that the marks are properly refreshed.
2) The scope of the ticket refers to the area being excavated and specifically the description of the project provided on the ticket.
3) The life of a ticket refers to the length of time a ticket will remain “open” or valid. For example, for a large project requiring several months to complete, the operator and excavator may agree upon a specific time period, such as 90 days.
4) The schedule of excavation work refers to the manner and the timing of excavation activities.
Response: No, protocols are not required; however, a face-to-face meeting is still required with the excavator because at the time the ticket size is determined to be “too large” the operator may not know if their facilities are impacted. The decision that protocols are not needed should be documented by both the excavator and operator.
11. What is the time frame for the protocols to be initiated in accordance with §18.3(d)?
Response: An operator must notify the excavator of the need for a face-to-face meeting before the 48th working hour. The face-to-face meeting shall occur at a mutually agreeable time before the operator is required to mark.
Response: The operator must request the face-to-face meeting within the 48 working hours. An operator must also meet with the excavator within the 48 working hours if the excavator is available and agrees to meet. No excavation may begin until the excavator is available to meet and discuss the planned excavation. Also, the “shall” in §18.3(d) only applies to the requirement to have a face-to-face meeting; it does not require the operator and excavator to agree on protocols to be utilized.
Response: No, they are still an excavator and must comply with §§18.3, 18.4, 18.5, 18.7, 18.10, and 18.11.
Response: No, an operator will only have to make one type of positive response in accordance with §18.5(a). The marking of a pipeline is a type of positive response. If an operator needs to notify an excavator of an “all clear” then a method chosen by the excavator shall be used.
Response: Respond means that an operator must at least call the excavator and acknowledge receipt of the notice of damage and provide and estimated time of arrival on site. The response time begins from the time the operator receives notification of damage. Note: This is in addition to the operator reporting requirements in Title 16, Texas Administrative Code, Chapter 18 Pipeline Safety Rules.
16. Markings may be valid after the life of a ticket expires. How does the RRC plan to address this?
Response: The RRC will extend the life of a ticket until the time in which the markings are no longer valid per §18.6(b).
17. Can the diameter of the pipe be on the stake or flag?
Response: Yes (§18.8(g).
Response: The TDRF must be submitted within ten working days of the operator’s knowledge of damage in accordance with §18.11(a).
19. If an operator damages their own line, will they have to fill out a TDRF?
Response: No, but this does not include contracted excavators working for the operator. See question #20 below.
Response: Yes per §18.11(a).
Response: Yes, the damages would need to be reported to the Commission through TDRF and to the owner of the damaged pipeline.
Response: The excavator is required to submit a TDRF within 10 days whether or not a positive response was received from the pipeline operator. (§18.11(c)
23. Does an operator have to report excavation damages found during anomaly digs?
Response: An operator only has to report “recent” damage or damage that was caused by someone that is potentially still in the same area. Recent implies that the person or persons responsible for the damage is/are still in the area and/or could be found.
Response: No, both professional excavators and those non-professionals, such as landowners, homeowners, or other people not routinely involved in excavation activities, are required to comply with this rule.
25. Will the Railroad Commission be hosting educational seminars?
Response: Yes, details will be posted on the RRC website as they become available.
26. Will safety-training courses be given by the RRC?
Response: No. (§18.12(d)
Response: Safety-training courses approved by the Commission may be an option for both the underground facility operator and the excavator as determined by the RRC in accordance with §18.12(e).
28. Will there be a process for disputing alleged violations?
Response: Yes, alleged violation notices will be sent to the affected party allowing them to respond prior to any enforcement action being initiated.
Response: Initially all hearings will be held in Austin.
Response: Yes, at the discretion of the Commission after reviewing the details of ease case.
31. Will the RRC online system track individuals, companies, or both?
Response: Both
32. Is information from the TDR system available to the public?
Response: All of the information reported through the TDR system is open records and will be available to everyone.
33. Will there be an area on the TDRF to report false emergencies?
Response: The online TDRF does not have an area to report false emergencies; however, a printable form is available on our website that allows an operator to report excavators who call-in for located stating an emergency exists when one does not.
Response: Yes. In addition to requesting a locate the excavator must also wait the allotted time to have the lines marked.