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Public Comment. Volume III - Montana Legislature

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States, yet since 1986, pipelines were responsible<br />

for only sixteen percent (16%) of the total volume<br />

of oil spilled to waterways by all modes of<br />

transportation.<br />

Technological and operational advances<br />

continually improve the safety record of pipelines.<br />

How do Oil Pipeline Companies Prevent Pipeline<br />

Leaks?<br />

There is a strong system of regulatory<br />

requirements aimed directly at both preventing and<br />

responding to oil spills from pipelines. In addition<br />

to pipeline design and construction requirements,<br />

pipelines must be operated according to strict<br />

rules. Pipeline companies must maintain a manual<br />

of written operating procedures to ensure the safe<br />

operation of the pipeline. Damage prevention<br />

programs are in place, which include awareness<br />

activities involving the public, local government<br />

officials, and excavation contractors. All <strong>Montana</strong><br />

pipelines participate in a "one call" location network<br />

("call before you dig" program), which provides<br />

notification to the pipeline of any planned drilling or<br />

excavating activities in the vicinity.<br />

By regulation, a pipeline carmot be operated at<br />

pressures above those that have been<br />

demonstrated to be safe by engineering<br />

calculations and pressure testing.<br />

Cathodic protection systems are maintained and<br />

inspected at regular intervals to prevent corrosion.<br />

Instrumented internal inspection devices called<br />

"smart pigs" are regularly sent through the pipeline<br />

to check for weakness or corrosion. Valves and<br />

pressure relief systems also are regularly inspected<br />

and maintained. Numerous other inspections are<br />

routinely made, and extensive documentation of<br />

the inspections is kept.<br />

Similar to the requirements for truck drivers and<br />

airline pilots, all pipeline employees who perform<br />

"safety sensitive" functions participate in a<br />

mandatory drug and alcohol-testing program to<br />

prevent impairment-induced accidents.<br />

Is There a System in Place to Respond to Pipeline<br />

Spills ?<br />

Pipeline companies must comply with the<br />

requirements of the federal Oil Pollution Act. The<br />

Oil Pollution Act is directed at reducing the risk of<br />

oil spills, and at mounting a prepared response if<br />

one should occur.<br />

Detailed, written oil spill plans are required, which<br />

must be approved by governmental agencies, and<br />

are reviewed regularly by Department of<br />

Transportation. Pipeline operators must<br />

demonstrate that adequate spill response and<br />

recovery resources (including personnel and<br />

equipment) can be mobilized and deployed within<br />

certain time periods defined by regulation for three<br />

tiers of oil spill sizes, including the worst case<br />

scenario. The worst-case scenario involves a<br />

maximum spill quantity under worst-case<br />

mobilization and response conditions.<br />

Pipeline companies do extensive training and<br />

practicing to ensure that their spill response<br />

systems stay sharp. Some of the exercises include<br />

emergency responders from local, state and<br />

federal governmental agencies, which facilitates<br />

better understanding of each other's roles and<br />

capabilities in the unlikely event of a pipeline<br />

incident.<br />

Can a Landowner be Held Liable for Environmental<br />

Damage From a Pipeline Oil Spill?<br />

Priorities in the event of a spill are safety of the<br />

public and protection of the environment. The spill<br />

is contained, repairs are made, environmental<br />

restoration occurs, and an investigation into the<br />

cause of the release is made. 'The cleanup and<br />

investigation is conducted in conjunction with<br />

appropriate regulatory agencies. In the event that<br />

the investigating team proves there was damage to<br />

the pipe as a result of negligence on the part of a<br />

third party, such as a landowner, charges can be<br />

made against the third party.<br />

Crude Oil A Petroleum<br />

Product Pipelines in <strong>Montana</strong><br />

EQC Eminent Domain Study -1 73-<br />

Page 3

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