Congressman Rick Larsen's Online Office

Washington, D.C. — Today, U.S. Representative Rick Larsen (WA-02), a member of the House Transportation and Infrastructure Committee, delivered the following statement at a hearing on “Implementation of the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 and Reauthorization of the Pipeline Safety Program.” The hearing was held by the Subcommittee on Railroads, Pipelines and Hazardous Materials, of which Larsen is also a member. Carl Weimer, a Whatcom County resident and member of the Whatcom County Council, testified before the Committee.  Carl is Executive Director of the national Pipeline Safety Trust, which was established after the 1999 Bellingham pipeline explosion. 

The following are Rep. Larsen’s remarks as prepared for delivery:

I would like to recognize Carl Weimer, who is here testifying on behalf of the Pipeline Safety Trust.  Carl is from Whatcom County in my district, where a deadly pipeline explosion occurred nearly 11 years ago.

Pipeline safety is of great importance to me and my constituents.  On June 10, 1999, a pipeline explosion claimed the lives of two 10-year-old boys and an 18-year-old young man in my district in Bellingham, Washington.

In response to this tragedy and several other pipeline explosions across the country, Congress passed legislation to strengthen our pipeline safety regulations.  The 2002 Pipeline Safety Improvement Act increased penalty fines, improved pipeline testing timelines, provided whistleblower protection, and allowed for state oversight.  In 2006, Congress reauthorized the 2002 law by passing the Pipeline Inspection, Protection, Enforcement and Safety (PIPES) Act. 

Since that day in June, we have made significant progress in ensuring the safety of our nation’s pipelines.  The frequency of “high consequence events” to pipelines has diminished almost 35 percent over the last ten years.  Due to the integrity management program required by the new law, pipeline operators have made extensive repairs to their pipelines that otherwise would have led to future accidents. 

The 811 One Call program provides a number people can call before they dig to make sure that they won’t hit a pipeline.  And Congress has significantly increased the number of pipeline inspectors in the field.  

However, we must remain vigilant, and that’s why today’s hearing is so important. 

In preparing for today’s hearing, my staff and I have spoke with several of our witnesses.  The implementation of the 2006 law seems to be going very well, with one notable exception.

PHMSA has not begun the rulemaking process for Phase II of the low-stress rule, and has not indicated when it will do so.  I look forward to hearing PHMSA’s plans for initiating this rulemaking and their explanation for why it has taken so long to begin this process.

PHMSA is also still in the process of implementing federal enforcement of third party excavation damage to pipelines.

And although I commend President Obama for requesting Fiscal Year 2010 funding for all 135 authorized inspectors, I am concerned that PHMSA only has about 94 inspectors currently on-duty.

The PIPES Act is due for reauthorization this year.  I hope this hearing will spark a robust discussion about what reauthorization might look like and if there are any pressing issues that need to be addressed.

From reading the testimony, it appears as if nearly all of our witnesses agree that Congress and PHMSA should clarify that states should not exempt municipalities, state transportation departments and railroads from their damage prevention “one call” rules. 

And some of our witnesses, including PHMSA, believe that Congress should permit risk-based reassessment intervals for natural gas transmission pipelines. 

Other issues, such as expanding the miles of pipelines that fall under Integrity Management rules, PHMSA’s data reporting requirements, and expanding the use of excess flow valves are also covered by the testimony.

I look forward to delving into these issues with our witnesses. 

Whether or not Congress decides to pursue a simple reauthorization of existing programs or creates new pipeline safety mandates and programs, I believe it is important that Congress reauthorize the PIPES Act this year and does not let it lapse.  It is also critical for Congress to adequately fund important programs such as the Technical Assistance to Communities grant program, the 811 One Call Program, state damage prevention grants, and federal pipeline safety inspectors.

Again Madam Chairwoman, thank you for holding this hearing, and I look forward to discussing these issues with my colleagues and our witnesses. 

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