Once thought of as a fad regulation by some operators, OQ has become a huge factor in pipeline programs across the country.
OQ has certainly matured over the years, and you could say OQ is no longer a teenager. But how did OQ grow to its current place in the industry? And where is OQ going next?
Twenty years ago on October 28, 2002, the second phase of the Operator Qualification (OQ) rule became effective, requiring operators of natural gas and hazardous liquid pipelines to have personnel performing established covered tasks on their pipelines evaluated and qualified.
Originally, the rulemaking had been proposed as a training rule in 1994, but industry did not support the Notice of Proposed Rulemaking (NPRM) and responded in comments. Research and Special Programs Administration (RSPA) withdrew the NPRM and researched for a solution to address the Congressional mandates from Section 106 and 205 of the Pipeline Safety Act of 1992.
RSPA, prior to the agency named Pipeline and Hazardous Materials Administration (PHMSA), decided to allow a negotiated rulemaking process to be used to develop OQ. This entailed federal, state representatives, and associations supporting distribution, transmission, and hazardous liquids.
Over a two-year process, the regulation that currently exists in the Code of Federal Regulations (CFR) 192 and 195 was developed and made into a Final Rule, effective October 26, 1999. It provided a two-phase approach of implementation:
- The written program development was due by April 21, 2001.
- Implementation of the evaluation program by October 28, 2002. (Federal Register/Volume 64, No. 166) Pages 46853-46867.
A public meeting was held in San Antonio January 2003 to address apparent gaps in the implementation of the OQ regulation that were not addressed. Thirteen issues emerged from the open discussions that needed to be resolved. RSPA provided additional public meetings for regulators and operators to resolve those issues.
The Emergence of the ASME B31Q Standard
The issues discussed at this meeting were not resolved, so AMSE was chosen, and the development of a standard was committed to by RSPA. The ASME B31Q Pipeline Personnel Qualification committee began standard development in August 2003, and the first version was published in 2006. The standard is considered a technical international standard and does not follow the regulation in the CFR.
In July 2015, PHMSA issued an NPRM, addressing proposed changes to the current OQ rule.
The proposed changes to the rule were the following:
- Specific training of personnel and evaluators
- Evaluation of knowledge
- Skills and abilities of individuals
- Changes to the covered task definition
In July 2020, the five-year window for finalizing the NPRM closed without action, therefore cancelling any of the proposed changes to the rule.
The Future of OQ in the Energy Industry
Currently, many operators are losing tenured employees with operational backgrounds to retirement or upward movement inside the company. Many new employees coming into the industry have little or no background in operations, natural gas, hazardous liquids, or the hazards associated with the work being performed.
Even though the current OQ regulation does not require specific training, operators should consider some formalized process to ensure that individuals performing covered tasks have the necessary knowledge, skills, and abilities to perform their job.
With the continued release of additional regulations by PHMSA and some states, operators will need to review them to ensure any new covered tasks are added to their program, as applicable.
PHMSA has the ability to amend the current OQ regulation, incorporate by reference a standard like ASME B31Q (all or part), or make no changes at all. At a minimum, “new construction” covered tasks will probably be required in the future.