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Landowner's Guide to Pipelines: Safety, Responsibilities, Your Rights

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Landowner's Guide to Pipelines: Safety, Responsibilities, Your Rights landowner’s guide to production gas processing compressor city facility and treatment plant station gate safety responsibilities your rights Third edition, 2016 September 2016 Pipeline Safety Trust 300 N. Comercial Street, Suite B, Bellingham, WA 98225 360-543-5686 | pipelinesafetytrust.org Contents Preface 4 Where to Find More Information? 18 Introduction to Pipelines 5 Preventing Damage to the Pipeline 20 How Do Pipelines Work? 6 Recognizing a Pipeline Leak Natural Gas Pipelines Responding if a Leak Occurs Hazardous Liquid Pipelines Major Issues for Property Who is Responsible for Owners Near New Pipelines 22 Regulating Pipeline Safety? 7 When a Pipeline is Planned to Cross Your Regulating the Construction, Operation, Property Inspection and Maintenance What Rights Will the Pipeline Operator Regulating Development Have? Near Pipelines How Will the Easement Limit Your Use of Pipeline Inspections the Property? Emergency Response and Spill Specific Easement Issues for Agricultural Response Planning Landowners Temporary Construction Easement? Who is Responsible for What Will Be Put in the Right-of-way? Siting New Pipelines? 9 What About Contractors Working for the Siting of New Interstate Natural Gas Pipeline Company? Pipelines Cleanup, Restoration and Abandonment Siting of New Interstate Hazardous Liquid Damages and Liability Pipelines Costs of Negotiation Siting of Intrastate Natural Gas and Value of an Easement Hazardous Liquid Pipelines When Negotiation Fails: Pipeline Safety Requirements Eminent Domain 25 During Design and Construction 10 When Do Pipeline Operators Have Eminent Choosing Pipe Domain Authority? Pipe Burial Does the Operator Have to Negotiate With Welding of Steel Pipelines the Landowner Before Beginning an Eminent Coatings Domain Proceeding? Lowering and Backfilling How is the Compensation Owed to the Landowner Measured in Eminent Domain Valves and Valve Placement Proceedings? Operating Pressure Are There Ways to Challenge an Eminent Testing Domain Proceeding? What is the Process for an Eminent Domain Pipeline Safety Requirements Proceeding? During Operation 13 Corrosion Protection Other Financial Concerns 27 Supervisory Control and Data Acquisition Insurance System (SCADA) Property Values Right-of-way Patrols Mortgage and Title Leakage Surveys Resale Odorization Integrity Management Pipeline Safety: a Shared Responsibility 29 Acknowledgements 30 What is the Risk of Having a Pipeline Nearby? 15 Want More Information? 31 Preface This Guide is intended to provide a surface in this guide. If you find that you landowner basic information about want to know more, below are some great the pipeline system, how pipelines are places to start. operated and regulated, what rights and responsibilities you may have as a cur- • The Pipeline Safety Trust website - rent or future landowner with a pipeline www.pipelinesafetytrust.org. on your property, and where to find more • The Pipeline and Hazardous Materi- information. In this guide, we describe all als Safety Administration’s stake- the different types of pipelines, though holder communication website - much of the discussion about property primis.phmsa.dot.gov/comm/. rights, easements, and eminent domain is • Or to join the discussion regarding more pertinent to the large transmission pipeline safety nationwide, and learn and gathering pipelines, than to the small about news regarding pipelines from distribution lines that deliver gas to our across the country, go to the follow- homes and businesses. ing website to join the Safepipelines news and discussion group - These are complex issues in a very com- tech.groups.yahoo.com/group/ plicated regulatory system. If you have safepipelines/. specific questions about your legal rights and responsibilities, please contact a The original edition of this Landowner’s qualified, experienced attorney in your Guide and this revised edition were made state who is familiar with the issues in- possible in part by Community Technical volved. If you already have a pipeline on Assistance Grants from the U.S. Depart- your property, please familiarize yourself ment of Transportation’s Pipeline and with the terms of the easement allowing Hazardous Materials Safety Administra- the pipeline’s presence. Understand what tion. This annual grant program pro- limitations the easement may impose on vides local governments and community your use of the property and what obliga- groups with up to $50,000 “for technical tions it may impose on the pipeline com- assistance in the form of engineering or pany during construction and operation other scientific analysis of pipeline safety and after abandonment of the line. issues and to help promote public partici- pation in official proceedings.” You can While we hope this guide provides you learn more about this grant program and with enough information to better un- what other communities have done with derstand pipelines so you can protect this grant money by visiting yourself, your family and your property, http://primis.phmsa.dot.gov/tag/. in many ways we are only scratching the 4 Introduction to Pipelines There are over 2.6 million miles of pipe- • Gathering pipelines transport gas and lines in the United States. Who regulates crude oil away from the point of pro- THE CURRENT U.S. pipelines and under what set of regu- duction (wellhead) to another facility PIPELINE SYSTEM lations depends on what the pipeline for further refinement or to transmis- carries, how much it carries, and where sion pipelines. • 185,000 miles of onshore and it goes. Pipelines are categorized into • Interstate pipelines are lines that offshore Hazardous Liquid several types: cross state boundaries. pipelines; • Intrastate pipelines are those that • 320,000 miles of onshore and • Hazardous Liquid pipelines carry operate entirely within one state. offshore Gas Transmission and crude oil and refined fuels such as Some large pipelines that cross state Gathering pipelines; gasoline, diesel and jet fuel. boundaries are classified as intrastate • 2,138,000 miles of Natural Gas • Natural Gas pipelines carry if the pipeline ownership changes at Distribution mains and service natural gas. the state line. pipelines • Transmission pipelines are the large lines that move gas and liquids long distances around the country, often at high pressures. • Distribution pipelines are smaller lines that deliver natural gas to our individual homes and businesses. THE NATURAL GAS DELIVERY NETWORK From origin to consumption — how different types of pipelines and processing facilities deliver natural gas to homes and businesses. electrical power small manufacturer production plant or large or industrial plant facility industrial user gas processing compressor city gate and treatment plant station commercial customer GATHERING LINES production TRANSMISSION LINES facility DISTRIBUTION LINES residential customer Landowner’s Guide - Pipeline Safety Trust 5 How Do Pipelines Work? Natural Gas Pipelines Hazardous Liquid Pipelines Natural gas is moved through transmis- Gathering lines bring crude oil out of sion pipelines as a result of a series of production areas and to larger transmis- compressors creating pressure differen- sion lines that often take the crude oil tials – the gas flows from an area of high to refineries. Once the crude oil has pressure to an area of relatively lower been refined, transmission lines carry pressure. Compressors are powered by the refined products to end-users or electric or natural gas fired engines that to storage and distribution facilities compress or squeeze incoming gas and for transportation to consumers. The push it out at a higher pressure. Natu- product is pushed through the pipeline ral gas is compressed in transmission by large pump stations situated every pipelines to pressures typically ranging 20-100 miles along the line depending from 500 to 1400 pounds of pressure on the product, terrain and pressure at per square inch. Compressor stations which the pipeline is operating. Most are generally built every 50 to 100 miles liquid fuels move through the pipeline along the length of a transmission pipe- at between 3 to 8 miles per hour. It is es- line, allowing pressure to be increased as timated that the cost of transporting the needed to keep the gas moving. The “city crude oil and then the refined products gate” is where a transmission system through the pipeline network adds about feeds into a lower pressure distribution two and a half cents to the cost of a gal- system that brings natural gas directly to lon of gas at the pump. homes and businesses. The city gate is typically the location where odorant is added to the gas, giving it the characteris- tic smell of rotten eggs. HAZARDOUS LIQUID AND GAS TRANSMISSION PIPELINES A national network of transmission pipelines moves fuel to millions of people every day. 6 Who is Responsible for Regulating Pipeline Safety? Regulating the Construction, consultation with the pipeline operator, Operation, Inspection and establishing setbacks or a variety of oth- THE REGULatIONS Maintenance er land use permit requirements. Very few local governments have used their The U.S. Congress has ultimate respon- planning, permitting and zoning au- The overarching pipeline safety sibility for setting the framework under thorities to try to increase safety around statutes that Congress has passed which pipeline safety regulations oper- pipelines, but as more and more neigh- can be found in: ate. The U.S. Department of Transporta- borhoods grow up around pipelines tion through the
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