On June 4, 2025, PHMSA published an advance notice of proposed rulemaking (ANPRM) to solicit stakeholder feedback on whether to repeal or amend any requirements in the Pipeline Safety Regulations to eliminate undue burdens on the identification, development, and use of domestic energy resources and to improve government efficiency.
PHMSA published this ANPRM to solicit stakeholder feedback on whether to repeal or amend any requirements in the Pipeline Safety Regulations (PSR; 49 CFR parts 190 through 199)—as well as any letters of interpretation, guidance documents, or other materials implementing those regulations—to eliminate undue burdens on the identification, development, and use of domestic energy resources and to improve government efficiency. PHMSA also solicits stakeholder feedback on whether to amend the PSR to require PHMSA conduct periodic, mandatory regulatory reviews.
In the ANPRM, PHMSA identified a number of “Topics Under Consideration”. This post focuses on the following topic offered for consideration within the ANPRM. That is:
“Are there any personnel qualification and training requirements in parts 192 (subpart N), 193 (subpart H), and 195 (subpart G) of the PSR that impose undue burdens on affected stakeholders?”
This should create some interesting conversations and analysis regarding the Operator Qualification (OQ) Rule. We’ve spent some time thus far in our posts talking about some of the things that are “broken” with OQ. Our industry has an important and exciting opportunity now to participate in fixing some of those things. I’m grateful that our industry has this opportunity to participate. Stakeholders have been invited to contribute their thoughts and ideas. My hope is that many will accept that invitation and participate.
The deadline for comments on the ANPRM is August 4, 2025. That gives us less than 60 days to formulate and submit comments. The amount of time and effort needed to fully take advantage of this opportunity can easily take more than the 60 days afforded by the ANPRM. The scope of the regulatory review and analysis of company operations is not insignificant. I’m hopeful that industry associations and operators will request an extension to the comment period.
As a pipeline operator, where would you like to see OQ go? What will that look like to your organization? To your contractors? And to the industry? What will it take for you to get there from where you are today?
“How will we get there?” is an important question that should not be overlooked. When considering this question, there are two underlying questions which must be answered first – and we oftentimes don’t do enough to answer them. Those underlying questions are:
- “Where is my company now?”
- “Where are our contractors and subcontractors now?”
On any journey, you simply cannot determine how to get where you’re going until you first know where you are. That is step one! Our purpose here is to offer help.
The ANPRM offers you an opportunity to participate in defining where we should go. Systemic Compliance can help operators answer the question “Where are we now?”.
Systemic Compliance can conduct an OQ program review for pipeline operators that will help them to understand EXACTLY where they are now.
We are offering this at a discounted price in hopes it will encourage operators to take a good look at this question so that they can participate in the ANPRM in the most meaningful way.
This graphic offers a look at the workflow to be followed in our approach:
The OQ Program Review will be accomplished in two phases and will answer the following:
Phase 1: Written Program Compliance Appraisal
- The objective is to evaluate whether the written OQ program complies with the requirements of DOT/PHMSA.
- The protocol we’ll follow is based on the OQ Rule, DOT/PHMSA guidance resources, and operator-specific requirements.
- At the conclusion of Phase 1, Systemic Compliance will submit a report with preliminary findings and revise the Phase 2 protocol, as appropriate, based on those findings.
Phase 2: Program Implementation Appraisal
- The objective is to determine whether the OQ program is being implemented as described.
- The protocol we’ll follow will be based on the operator’s written OQ program requirements.
- Phase 2 will be conducted in the field – at appropriate sites and includes stakeholder interviews and review of document/records to evaluate implementation.
- This phase will include a review of processes and records from applicable third-party service provider(s).
- At the conclusion of Phase 2, Systemic Compliance will submit a detailed report to the operator which includes results as well as recommendations for appropriate program modifications/improvements.
We believe there is value in looking at some other things as well – things that can help operators truly know where they stand. If the operator chooses, Systemic Compliance can customize the program review to better meet operator priorities and objectives. By going beyond the question of basic compliance, we can help you take a more comprehensive look at “Where are you now?” and help establish a clearer path to the goal of continuous improvement.
The operator may choose to include any of the following in the program review:
- conduct only Phase 1
- measure alignment with API RP 1161
- measure alignment with ASME B31Q
- measure alignment with OQIP (Operator Qualification Integrity Process)
- appraise the effectiveness of the OQ program and/or to have Systemic Compliance help define KPIs/metrics to enable ongoing program effectiveness measurement (monitoring the number of incidents and/or near-misses caused by line locating mistakes could be an example of a useful KPI)
- review contractor OQ program(s), if applicable
- review covered task mapping/comparisons with third-party service providers
- assess alignment with PSMS requirements
We’ve put together a team of highly experienced and capable individuals to help conduct OQ program reviews. Each of these individuals brings a great deal of real-world experience but also, and most importantly, a deep commitment to serving our industry and making things better for the people in our industry.
Please contact us today to learn more.
- Telephone: 817-717-1563
- Email: sales@systemic-compliance.com
We’ll share information related to approach, pricing, and answer any questions you may have. We’re happy to send you a proposal for your review. In that proposal, we’ll provide details about the individual(s) who will conduct your program review and a detailed description of the approach we’ll follow, including schedule, process, deliverables, and cost.
What you can expect:
- seasoned professionals with a great deal of experience and a strong commitment to help
- a work product that will help you know EXACTLY where you are, will help as you participate in the ANPRM, and also help you be better prepared for regulatory inspections
- recommendations for program improvement
- quick completion time
- a significantly discounted cost
Please contact us today. We’re anxious to help.
COMPLIANCE SHOULD BE SYSTEMIC!
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