Pipeline Security, §195.436

The complete regulation at 49 CFR §195.436 is:

“Each operator shall provide protection for each pumping station and breakout tank area and other exposed facility (such as scraper traps) from vandalism and unauthorized entry.”

This provides little guidance on what type of security is expected or required, leaving the operator to develop programs that best fit its operations.  The following material from the PHMSA Enforcement Guidelines helps in identifying those elements an operator needs to include in its programs.

Additionally, the Transportation Security Administration has published Pipeline Security Guidelines that can be downloaded from this location http://www.tsa.gov/what_we_do/tsnm/pipelines/resources.shtm.

§195.436  Compliance

Guidance Information

1.  The operator must have written procedures.

2.  The sides of an enclosure, constructed solely of barbed wire, are not considered adequate to prevent unauthorized entry.

3.  The level of security for the facility may need to be enhanced, based on the threat posed by the surrounding area, i.e. an area that has a history of vandalism and/or sabotage.

4.  Hourly inspections in and of themselves are not considered adequate security.

5.  Entrance to the facility and appropriate structures in the facility should be locked.  – Simply having a lock is insufficient.  Locks must be securely fastened.

6.  Simply locking items, such as valves or catchers, at a facility does not address the “shall provide protection from unauthorized entry” portion of the code.

7.  By example, if a facility has a secure fence with a locked gate (meeting this requirement), the enclosed pig launcher is not required to be locked.

8.  Remoteness of a facility alone or with a barbed wire enclosure and remote monitoring is not considered to be adequate protection to prevent vandalism or unauthorized entry.

9.  Isolated remote valves, are not considered other exposed facilities in relationship to this requirement; thereby not requiring perimeter security.

10. Fence should be properly maintained.  No large gaps should exist that allows entry to the secure area.  For example: gaps under fences, holes in fences and gates, etc.

11. The industry standard for a secure fence is a minimum of 6 foot high chain link fence with 3 strands of barbed wire on top.  The operator needs to evaluate the specific security requirements depending on the threats present in that area.

12. Final Order Guidance:

a.  Rocky Mountain Pipeline System, LLC   [5-2006-5031] (June 18, 2009) – Found that the operator had not installed security fencing at 2 remote pump stations and 1 remote breakout tank area.  The operator argued that because these stations were in remote areas, were electronically monitored from a remote location, and were regularly visited by operator personnel, 4 strand barbed wire fencing provided adequate protection from vandalism and unauthorized entry.   Final Order stated that such fencing, even in combination with the other security measures, was insufficient security to deter unauthorized entry.  CO

b.  Jayhawk Pipeline LLC  [3-2002-5021] (December 11, 2003) – Found that the operator had not provided adequate security protection for some of its breakout tank areas because the operator only  provided an 8-foot, chain-link fence around the breakout tank ladders and locked the breakout tank valves.  The operator argued that this was adequate security, given the rural nature of the sites.  The Final Order found that the operator must provide protection for the entire breakout tank area.  CO

All this and more including the PHMSA Enforcement Guidance in WinDOT, The Pipeline Safety Encyclopedia.

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