Availability Of Pipeline Safety Regulatory Documents
Mr. Speaker, when I was Chair of the Subcommittee on Railroads, Pipelines and Hazardous Materials, I held a number of hearings on pipeline safety, one of which highlighted an American Petroleum Institute-developed (API) standard which was…
Mr. Speaker, when I was Chair of the Subcommittee on Railroads, Pipelines and Hazardous Materials, I held a number of hearings on pipeline safety, one of which highlighted an American Petroleum Institute-developed (API) standard which was incorporated by reference in a pipeline education and awareness regulation. But in order to comprehend the regulation, interested parties had to obtain the API standard, which cost more than $1,000. One thousand dollars is a lot of money, particularly for small communities, local emergency responders, and pipeline safety advocates, for just one of the many pipeline safety standards referenced in regulations issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA).
Fortunately, Congress resolved the situation in the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011. Section 24 of the Act prohibited the Secretary of Transportation, effective January 3, 2013, from issuing ``guidance or a regulation that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge, on an Internet Web site.''
Since enactment of the legislation, all but one organization has agreed in writing to electronically post on the Internet all of their consensus standards that PHMSA incorporates by reference into the federal pipeline safety regulations, including:
ASTM International; The Manufacturers Standardization Society; The Gas Technology Institute; NACE International; The National Fire Protection Association; The American Petroleum Institute; The American Gas Association.
Many other organizations have submitted letters to PHMSA expressing the need for public availability of the standards. I ask unanimous consent that the letters from the Pipeline Safety Trust, Dakota Rural Action, and Columbia Law Professor Peter Strauss be included in today's Record.
One organization, however, has expressed concern about posting their standards on the Internet. This has, in turn, held up progress of several important safety rulemakings that were mandated in the 2011 pipeline law.
So in an effort to move these important rulemakings forward, I believe the law should be modified to provide DOT with additional time to implement it and with additional flexibility to determine how best to make the standards widely available to the public.
I believe that even with these changes the law will continue to address the transparency and openness concerns of the safety community.
I urge my colleagues to support H.R. 2576.
Pipeline Safety Trust,
Bellingham, WA, July 15, 2013.
Hon. Corrine Brown,
Ranking Member, Subcommittee on Railroads, Pipelines, and
Hazardous Materials, U.S. House of Representatives,
Washington, DC.
Dear Ms. Brown: We would like to thank the Transportation &
Infrastructure Committee and the Energy & Commerce Committee
for their efforts during the passage of the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011 (the 2011
Act) to ensure that the public can actually freely read all
the regulations that Congress mandates and that PHMSA then
creates through the rulemaking process that could impact
public safety and the health of the environment. A review of
the Code of Federal Regulations under which PHMSA operates
finds the following numbers of incorporated standards: