US House Democrats have called for speedier implementation of mandates in the 2011 and 2016 reauthorizations of the federal oil and gas and hazardous materials pipeline safety law.
“It’s simply unacceptable that safety-critical rules passed by Congress 8 years ago are lingering somewhere,” House Transportation and Infrastructure Committee Chairman Peter A. DeFazio (Ore.) said at the Railroads, Pipelines, and Hazardous Materials Subcommittee’s Apr. 2 hearing.
Subcommittee Chairman Daniel Lipinski (Ill.) said in his opening statement that from 1999 to 2018, the US Pipeline and Hazardous Materials Safety Administration (PHMSA) reported 11,992 pipeline incidents that resulted in 317 deaths, 1,302 injuries, and more than $8.1 billion in damages. “Incidents increased nearly twofold from 1999 to 2018,” he said.
DeFazio noted that in 2018, 8 people were killed and 92 injured in 633 pipeline incidents. Five potential rulemakings apparently have moved out of PHMSA and into Department of Transportation Sec. Elaine Chao’s office or possibly the White House Office of Management and Budget where they are being reviewed, he said.
Lipinski acknowledged that PHMSA Administrator Howard R. Elliott and the DOT agency he leads have made progress on outstanding mandates from the 2011 and 2016 laws since the subcommittee’s June 2018 oversight hearing. “But it remains unacceptable that critical rules—like the hazardous liquids rule, gas transmission line rule, and the valve and rupture detection rule—have not been implemented,” he said.
At least one Republican, Rick Crawford (R-Ark.), the subcommittee’s ranking minority member, noted that the 2016 law was bipartisan and made progress toward ensuring pipelines and nearby communities remained safe while providing regulatory certainty for pipeline operators and other stakeholders. “The 2011 law included 42 congressional mandates, 34 of which are complete. The 2016 PIPES Act contained 19 mandates, 16 of which are complete,” he said.
When Lipinski asked Elliott if PHMSA intends to implement all the recommendations recently issued by the National Transportation Safety Board (NTSB) to improve pipeline safety, Elliott responded that PHMSA currently has 24 such recommendations, 10 of which the agency is working through, including 3 of which identified situations that are designated open and unacceptable. “At least at my time at PHMSA, I think we have made some significant strides, not only involving working more closely with NTSB but in bringing some of those recommendations to successful conclusions,” Elliott said.
When Crawford asked how PHMSA’s rulemaking process could be improved, Elliott said the agency often is criticized for an inability to keep up with emerging trends, particularly those that involve pipeline safety. “We work hard to try and ensure through our special permit process that we can bring a lot of this new technology forward, so it can be tested and we can see whether it can actually be included the process within the regulations,” he said.
‘Burdensome approval process’
Two witnesses from oil and gas trade associations made similar points when testifying as part of a second panel.
“It is imperative that PHMSA’s regulations do not hamper an operator’s ability to address potential problems through the application of the most innovative technology, critical engineering assessment processes and fit-for-purpose repair criteria based on data and sound engineering principles,” said Robin Rorick, American Petroleum Institute’s vice-president for midstream and industry operations, in his written statement.
“Specifically, operators are required to conduct timely assessments of pipeline integrity, and that may often be done effectively and efficiently with a new technology. However, companies may hesitate to do so, given the burdensome approval process in the use of alternative safety technology,” Rorick said.
Establishing clear parameters and deadlines associated with PHMSA’s review, notification, and approvals of alternative technology would help make the process more certain and let operators use the latest cutting-edge technologies to further pipeline safety, Rorick said.
Association of Oil Pipelines (AOPL) Pres. Andrew J. Black noted in his written testimony, “Harnessing technology to advance pipeline safety is a theme we are pursuing across industry and recommend Congress adopt as well. For example, high-tech tools now can scan pipelines like an MRI (magnetic resonance imaging) or ultrasound at the doctor's office.”
Black said, “Pipeline operators have the opportunity to find issues early, perform maintenance, and keep pipelines operating safely. The problem is federal regulations can’t keep pace with fast-moving technology innovations. In fact, outdated PHMSA regulations sometimes conflict with the latest knowledge and techniques.”
Black said AOPL’s proposals for Congress to harness technology and innovation to improve pipeline safety include:
• Creating a pilot program to test cutting-edge pipeline safety technologies and newly developed best practices.
• Authorizing a voluntary information sharing program that would encourage joint stakeholder problem solving.
• Requiring regular PHMSA and stakeholder review of pipeline safety research and development advances.
• Encouraging voluntary discovery, disclosure, correction, and prevention of pipeline safety violations.
Contact Nick Snow at [email protected].
