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Reauthorization of the Natural Gas Pipeline Safety Act and the Hazardous Liquid Pipeline Safety Act
Subcommittee on Energy and Air Quality
Mr. James D. Anderson
Mr.
Chairman and members of the Subcommittee, we are pleased to file this document
pertaining to the Pipeline Safety Reauthorization. The National Association of
Pipeline Safety Representatives (NAPSR) is an organization of each States'
regulatory oversight pipeline safety managers.
We represent the state (including the District of Columbia and the
Commonwealth of Puerto Rico) pipeline safety directors, managers, inspectors,
and technical personnel responsible for ensuring that pipelines are operated in
a manner that ensures the safety of the public.
NAPSR's mission is to strengthen states' pipeline safety programs
through promotion of improved pipeline safety standards, education, training,
and technology. We are the
"state agency partners" noted by Ms. Ellen G. Engleman, Administrator of
DOT's Research and Special Programs Administration in her statements at the
Subcommittee on Highways and Transit's hearing for HR3609 on February 13,
2002. The various states'
pipeline safety programs directly regulate 90% of the pipelines and liquefied
natural gas facilities in the country. The
Association supports, encourages, develops, and enhances pipeline safety,
through the Federal/State Pipeline Safety programs as established and defined by
the Natural Gas Pipeline Safety Act of 1968, the Hazardous Liquids Pipeline
Safety Act of 1979, and all subsequent amendments. This partnership has been the
most successful relationship between states' and the federal government in
providing security in supply and safety to the public. Damage
Prevention The
leading cause of pipeline failures is third party damage.
NAPSR believes that the "best practices" identified in the report, Common Ground: Study of One-Call Systems and Damage Prevention Best
Practices should be used and encourages this Subcommittee to support
states' adoption and implementation of the "Best Practices" into state and
private stakeholder underground facility damage prevention programs.
The Common Ground Study was initiated by the U.S. Department of
Transportation's Office of Pipeline Safety (an element of RSPA).
This study developed "Best Practices" by consensus agreement of 160
individuals representing a wide range of interests, organizations, and
viewpoints on preventing damage to underground facilities.
The existing "Best Practices" in the report are real world
experiences that can help prevent damage to all underground facilities. Several
of our NAPSR members participated in the study and release of the final report
to members of Congress. In
addition to supporting adoption of the "Best Practices", we would encourage
the Subcommittee to increase funding from $1 million to $2 million for the State
One-Call Grants, that are available to the state pipeline safety programs.
These grant monies are utilized to enhance various individual projects
and programs in the states. The
programs and projects supported by the grant monies are developed on the state
level and are initiatives that regulators in the field believe are very
effective. Additional support of
these types of programs would help us address specific needs that have been
identified in our states. Data
Collection Compiling
records of third party damages is another damage prevention initiative. We
believe this is an important step to better identify the causes of damage to
pipelines and other underground facilities.
This data collection will focus damage prevention efforts and campaigns
toward those specific problems. We
therefore encourage efforts toward compilation of information on damage to
pipelines so that data can be used to reduce third-party damage. We support the
use of federal grant monies from general revenue funds for damage prevention
awareness campaigns and voluntary data gathering efforts. This is a wise investment in determining the causes of all
underground facility damages. The Common Ground Alliance (CGA), a national
non-profit damage prevention organization, has developed public
education/awareness materials that can be used by anyone nationwide.
The CGA organization is continuing its damage prevention efforts through
data collection, education and best practices and we encourage this broad-based
national approach to addressing damage to all underground facilities. One of our
NAPSR members serves on the CGA Board of Directors as the "State Regulator
Board" member and others on various CGA Committees. Public
Education/First Responders Finally,
in an issue that is related to pipeline damage, NAPSR supports the use of damage
prevention monies to support efforts toward public education and/or training to
"first responders". Due to
their emergency response capability, first responders (local law enforcement
agencies and fire departments) are usually the first personnel to arrive on the
scene of a pipeline failure. If
properly trained, their ability to quickly arrive at a scene could enhance
safety by proper assessment of the situation and making the area safe until
pipeline personnel arrive. In
addition, training of the first responders would enhance the coordination of
efforts with pipeline personnel at the scene and further allow the pipeline
personnel to concentrate their efforts on making the area safe.
Security NAPSR
supports the new security and anti-terrorism legislation measures.
We believe it is important to have a consistent, national policy
developed/identified that, in cooperation with the pipeline industry and
regulators, will establish guidelines and standards for pipeline security that
are easily recognizable throughout the country. For that reason, we support designation of the U.S.
Department of Transportation's Office of Pipeline Safety as the Federal agency
to take the lead in pipeline security matters.
Absent a lead Federal agency and national guidelines/standards, it will
be almost impossible to coordinate security efforts and communication across the
nation. Qualification of Pipeline Operators NAPSR
supports the qualification of pipeline personnel.
Members of our association (in cooperation with the pipeline industry,
associations, and other regulatory personnel) participated in the negotiated
rulemaking process that created the current Federal regulations for
qualification of operator personnel. Current
regulations require that operator qualification plans were to be developed by
April 27, 2001, and the personnel qualified by October 28, 2002.
Therefore, qualification of the pipeline personnel is being conducted at
this time. We believe the current
operator qualification process established by Subpart N in Part 192 of the
Federal Pipeline Regulations should be allowed to continue and regulatory
over-site of the qualification of operations personnel be evaluated before the
requirements are changed. We would
support the addition of programs for the qualification of pipeline product flow
controllers. National
Mapping System The
current voluntary National Mapping Program has not been successful in obtaining
the participation of the pipeline operators needed to produce a national map of
pipeline facilities. For this
reason, we would support mandatory participation by pipeline operators in a
National Mapping System. However,
with the events of September 11th in mind, we believe this information should be
treated as pipeline security sensitive information with appropriate limitations
placed on access (supplied on a "need-to-know" basis, not on a
"right-to-know" basis). Amendment
to HR3609 Regarding Emergency Waivers There
has been an amendment to Section 60118 offered that would give the "State
authority" the ability to waive compliance from the safety standard, in
emergencies as determined by the state, and provides a shorter time frame for
approval than is currently allowed. The
State authority would have to notify DOT within 48 hours and DOT would have 10
days to direct the state to rescind the waiver.
NAPSR believes this provision is needed and supports the amendment.
Even though occurrences are rare, when certain emergencies occur, quick
action is needed to continue or quickly restore service that may not fully
comply with the regulations. This
amendment would allow the State authority to determine those emergencies and to
take needed action when consistent with pipeline safety and allow quick receipt
of notice from DOT. State
Jurisdiction for Interstate Pipelines NAPSR
supports and encourages willing states' oversight and participation in
interstate regulatory activities of those facilities in their states after
meeting OPS requirements. The
ability to inspect these facilities using OPS guidelines and training will
provide assistance to the OPS in performing more frequently and thorough
inspections than have normally been performed due to lack of OPS resources.
The states have the ability due to their location to respond in an
emergency and make the area safe. Summary In
addition to our specific comments, NAPSR believes that a
strong, and equal, partnership between the states and OPS is vital to assure the
highest level of pipeline safety possible.
Continued support by federal grant in aid funding to the states will
continue to protect the nation's infrastructure. The people in the NAPSR
organization are directly involved in assuring the safety and security of a
large portion of our nation's pipeline system.
We appreciate the opportunity to supply our input to this important
legislation and give our support to reauthorize the pipeline safety program.
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