Pipeline law urgently needed

There is a need to speed up the crafting of a law which would govern and define the regulatory structure that would oversee the construction, operation and maintenance of all kinds of pipelines in the country.

If it’s any consolation, the energy department had recently announced that it is already drafting a bill, although this comes after the Senate, through Senator Juan Miguel Zubiri, had filed a bill for this purpose. Zubiri’s bill also calls for the creation of a National Pipeline Board.

How quickly these bills will go through the legislative mill is the million-dollar question. We all know the process and pace by which our lawmakers tackle proposed bills, especially if these are not certified as urgent.

The pipeline leak that affected residents of a condominium building in Makati City, fortunately, did not lead to lost lives. But this lack of controversy, ironically, has not provided for the impetus needed to fast track its passage into law.

Not only should we fear for possible loss of lives from potential new leaks, but also the environmental defacement that any spilled oil does on the affected soil and water systems. In the case of the recent pipeline leak, the affected ground will never be returned to its original state.

Before more pipelines are constructed, it is best that effective and adequate regulation is in place. I understand that the DOE will soon bid out for the construction of natural gas pipelines across Luzon, including a 100-kilometer Batangas-to-Manila natural gas pipeline and a 140-kilometer pipeline from Bataan to Manila, a 35-kilometer line from Sucat to Malaya, a 40-kilometer EDSA-to-Taft loop, and a 40-kilometer pipeline from Batangas to Cavite.

Reader’s insight

We received a letter from Josefino Galeng of Cabanatuan City, Nueva Ecija providing suggestions on how this new law on pipelines should be crafted. We hope that our lawmakers and bureaucrats will find value is it. Following is his letter.

“Your columns on the FPIC pipeline raised some questions that it already reached the Supreme Court to decide on re-opening the pipeline. You also mentioned that there are conflicting pressures on the re-opening of the pipeline and there is no regulatory oversight responsibility from the DENR (Department of Environment and Natural Resources) and DOE.

“I am now a retired engineer. I worked in the construction of this pipeline and I would like to comment on this. During the construction of this pipeline, the standards used were those issued by the API (American Petroleum Institute). These standards were practically the only “building code” used by the MSIC (Meralco Securities Industrial Corporation) on a “self-regulatory” basis. MSIC is the former name of FPIC (First Philippine Industrial Corp.).

“In the US, these standards and also those from other professional organizations like the ASME (American Society of Mechanical Engineers), ASTM (American Society for Testing & Materials), NACE (National Association of Corrosion Engineers), etc. are incorporated in federal and state laws as well as in municipal or city ordinances.

“In effect, they become the law or the regulation. Today, these are known as 49CFR195 and 49CFR192 (Title 49 Code of Federal Regulations Part 195-Transportation of Hazardous Liquids by Pipeline and Part 192-Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards).

Adapting current US codes

“I suggest that these codes be adapted here. (To download, just enter 49cfr195 and 49cfr192. There are 156 and 98 pages, respectively.) By means of an administrative order from DOE or DENR or maybe an ordinance or resolution by the Makati city council will convince FPIC to comply with the safety requirements of these regulations.

“One notable provision of these regulations is that the pipeline must have a cathodic protection system. A cathodic protection system provides a means of monitoring the condition of the buried pipeline. By means of electrical pipe-to-soil voltage readings, areas of active corrosion can be detected. An electrical voltage reading is obtained by means of a sensor (electrolytic cell) connected to a corrosion potentiometer. The sensor is placed on the ground above the buried pipe.

“Areas detected as having active corrosion must be assessed by excavating and subsequently repaired or replaced. The codes consider active corrosion as a continuing corrosion which, unless controlled, could result in a condition that is detrimental to public safety.

Preconditions for possible pipeline reopening

“In the case of the Barangay Bangkal leak repair, an electrical survey should be conducted over a 300-meter or more pipeline upstream of the repaired area and another 300-meter or more downstream. As a precondition to reopening the pipeline, the office of the Makati City Engineer may hire a corrosion engineering services provider or company to conduct the electrical survey.

“FPIC should then be required to conduct an assessment of the entire 117-kilometer length within six months or maybe one year as a precondition for continued operation.

“In the US, pipelines are under the jurisdiction of the DOT (Dept. of Transportation), hence the title “Transportation of....” The implementing agency is the PHMSA (Pipelines and Hazardous Materials Safety Administration).

Stricter government regulations

“Since the DOE and DENR are washing their hands of any regulatory oversight responsibility, an agency similar to the PHMSA should be created. Pipelines are the cheapest and most convenient means of transporting liquids and gases. There is already the 500-kilometer Malampaya natural gas undersea pipeline from Palawan to Batangas and its 30-plus kilometer inland pipeline to the Meralco Sta. Rita natural gas power plant.

“LPG is being distributed by pipelines in the Global city. Liquid nitrogen is also distributed to the electronics manufacturing companies at FTI (Food Terminal Inc.). There was also an announcement by the President to put up natural gas pipelines for distribution to buses that will be using natural gas as fuel. These pipelines cannot go on operating as if they are just like the pipelines of MWSS (Metropolitan Waterworks and Sewerage System).”

Should you wish to share any insights, write me at Link Edge, 25th Floor, 139 Corporate Center, Valero Street, Salcedo Village, 1227 Makati City. Or e-mail me at [email protected]. For a compilation of previous articles, visit www.BizlinksPhilippines.net.