On Tuesday, May 7th, the U.S. House Transportation and Infrastructure subcommittee on Railroads, Pipelines, and Hazardous Materials met for a hearing titled, “Ensuring Safety and Reliability: Examining Reauthorization Needs of the Pipeline and Hazardous Materials Safety Administration.” The subcommittee called on witnesses to provide insights on issues related to pipeline safety and the Pipeline and Hazardous Materials Safety Administration (PHMSA).  

Witness List 

• Tristan Brown, Deputy Administrator, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation 
• Christina Sames; Senior Vice President, Safety, Operations, Engineering, and Security; American Gas Association 
• Robin Rorick, Vice President, Midstream Policy, American Petroleum Institute 
• Bill Caram, Executive Director, Pipeline Safety Trust 

Subcommittee chair Troy Nehls (R-TX) and new subcommittee ranking member Frederica Wilson (D-FL) began the hearing with tributes to former Rep. Donald Payne Jr. (D-NJ), who passed away on April 24, 2024. Rep. Payne was the ranking member for the Subcommittee, and the members remembered and praised Payne as a leader in the efforts to reauthorize federal pipeline safety programs. Full committee ranking member Rep. Rick Larsen (D-WA) remembered Payne as an advocate for rail workers, citing Payne’s support for rail worker benefits and safety, and Payne’s efforts in rail safety legislation.  

The hearing comes within the context of reauthorization of the Pipeline and Hazardous Material Safety Administration (PHMSA), which was put forth through H.R. 6494, the Promoting Innovation in Pipeline Efficiency and Safety (PIPES) Act of 2023. As of now, the bill was approved by the House Transportation and Infrastructure Committee but has not been passed by the House of Representatives. The bipartisan legislation, introduced by leaders of the House Transportation and Infrastructure Committee, aims to reauthorize PHMSA’s pipeline safety programs for four years and provide direction for the agency in its work. As noted by several witnesses and representatives, the PIPES Act of 2023 is an important piece of bipartisan legislation that will among other things, provide funding and resources to the agency to do its work, provide direction, strengthen pipeline safety, study new and emerging technologies, and strengthen penalties for criminal activity against pipelines.  

(Ed. Note: Federal policy on pipelines is bifurcated by Congressional committee jurisdiction. The decision to build a new pipeline, where to site it, and the various permitting involved, is considered energy policy (House Energy and Commerce Committee, and in the executive branch, the Federal Energy Regulatory Commission (FERC)). But the actual operation of the pipeline is considered transportation (House Transportation and Infrastructure and DOT/PHMSA), and that includes the safe operation, so safety standards for pipeline construction as well as oversight of safety operations are PHMSA’s purview. The Energy and Commerce Committee has its own bill, H.R. 7655, approved by that panel six weeks ago, and the staffs of the two House committees are now working to craft a compromise.)

The agency creates policy, sets and enforces standards, and conducts research related to the transportation of energy and hazardous materials. Currently, there are 3.3 million miles of regulated pipelines across the United States that transport 64 percent of U.S. energy commodities. As noted by Deputy Administrator Brown, parts of pipeline infrastructure were built following World War Two, and such aging infrastructure requires more maintenance. With heightened demand on pipelines and hazardous material storage, Brown added that increased funding and resources are critical for the upkeep and improvement of the nation’s pipeline system. Brown praised the Natural Gas Distribution Infrastructure Safety and Modernization grant program as an example of the increased funding available for pipeline safety.  

The discussion throughout the hearing focused on a variety of topics related to pipeline safety and PHMSA’s reauthorization including the agency’s rule-making efforts, pipeline incident concerns, public engagement, and pipeline safety programs.  

PHMSA Rule-making 

During the question period, representatives mentioned several rules and rule-making issues. Rep. Brian Babin (R-TX) and Rep. Tom Kean (R-NJ) asked about the status of a proposed rule for “idle” pipelines. Currently, PHMSA considers pipelines to be either active or abandoned and does not recognize pipelines to have an “idle” status. According to Rorick, classifying pipelines as “idle” allows operators to keep pipelines in case of future use, reducing the cost burden of removing pipelines.  

Rep. David Rouzer (R-NC) asked about the leak detection rule, which is a proposed rule to strengthen leakage survey, detection, repair, and mitigation requirements. The rule would also expand reporting requirements for all gas pipeline operators within DOT jurisdiction.  

Rep. Pete Stauber (R-MN) and Rep. Garret Graves (R-LA) inquired about the class location rule, which is a proposed rule that would amend the requirements for gas pipeline segments that experience a class location change. A class location change refers to an area that experiences a change in population density, and when that occurs, the regulation requires the pipeline’s pressure to be adjusted or requires the replacement of the pipeline segment. The proposed rule would allow alternative requirements based on integrity management to manage pipelines in areas that see an increase in population density.  

Several representatives including Rep. Babin, Rep. Seth Moulton (D-MA), and Subcommittee chair Nehls voiced their frustration with the slow pace of establishing rules and getting things done. Brown noted that there are more proposed rules than staff to work on rulemaking. Brown added that rulemaking efforts take time, and some proposed actions are prioritized over others.  

Pipeline Incident Concerns 

In his opening remarks, Caram noted that total fatalities and total incidents show a statistically flat trend line with little progress in safety. During the hearing, the witnesses noted that there have been advancements in safety technology, but throughout the hearing, witnesses and representatives pointed out that the conversation about pipeline safety must address the numerous examples of pipeline incidents. Full committee ranking member Rep. Larsen began his opening remarks with the Olympic pipeline explosion that killed three people in Bellingham, WA in 1999. The event was the impetus for the creation of the Pipeline Safety Trust. 

In recent years, pipeline incidents have devastated communities across the country. In 2020, a Denbury Gulf Coast pipeline carrying carbon dioxide ruptured in Satartia, MS, releasing 31,000 barrels worth of liquefied carbon dioxide. Forty people were sent to the hospital and 300 were evacuated. Two homes in Jackson, MS exploded in February 2024 due to gas leaks, which had been discovered earlier but left untreated. In March 2023, an explosion caused by an outdated service tee (which is used to make a connection in a gas line) on a natural gas line in West Reading, PA left seven people dead.  

There was an ongoing conversation throughout the hearing about the importance of pipeline safety. There was general agreement that reauthorization is an important piece of legislation that will provide the necessary resources and direction for PHMSA to continue its work to improve pipeline safety. Rep. Jesus Garcia (D-IL) and Rep. Jared Huffman (D-CA) voiced their concerns over the risks posed by pipelines carrying carbon dioxide and urged congressional action on the issue. Subcommittee ranking member Wilson also voiced concerns related to pipeline incidents at or near schools, citing a recent pipeline spill near a school in Conway, WA.  

Several representatives mentioned the safety of pipelines compared with other modes of energy transportation. Brown noted that comparatively, pipelines are a safe mode of energy transportation. However, he added that when an incident occurs, the severity of the incident is tragic. Efforts to improve pipeline safety need to continue and improve to prevent more incidents that can devastate communities.  

Public Engagement 

Reflections on public engagement and awareness about pipeline safety were a mixed bag. Caram noted in response to Rep. Wilson that public engagement has fallen short. Responding to Rep. Henry Johnson (D-GA), Brown noted that operators should communicate with the public and provide the public with opportunities to ask questions. When information is not available, PHMSA will try to provide information, according to Brown. While there are shortcomings in public engagement, Caram noted that PHMSA has made some progress with the proposed Office of Public Engagement. The office comes through the Pipeline Safety Engagement Act, introduced by Rep. Marilyn Strickland (D-WA). 

Pipeline Safety Programs 

Throughout the hearing, various pipeline safety programs were brought up. Rep. Dusty Johnson (R-SD) engaged with witnesses about a technology pilot program included in the PIPES Act of 2020. The program would allow operators a way to test and apply proven technologies in pipeline safety. Rep. Johnson and Brown discussed ways to ensure that the pilot program can be a method for PHMSA to apply proven technologies in pipeline safety.  

The Voluntary Information Sharing system working group emerged as a topic of discussion during the hearing. The group is tasked with improving information sharing to strengthen pipeline risk analysis. Rorick and Sames noted that when designed properly, a Voluntary Information Sharing (VIS) system can be valuable as it would provide a wealth of information from operators. The VIS system would formalize the information sharing process amongst operators and between operators and service providers to improve how technology performs, innovations, and create a dialogue between stakeholders. In her opening remarks, Sames referenced the Gas Distribution Integrity Management Program (DIMP), which requires operators to develop safety plans that identify, evaluate, and manage pipeline integrity risks. Sames noted that upgrading the distribution system is important for pipeline safety. These programs provide an important capability in ensuring pipeline safety, and increased investment from the reauthorization strengthens PHMSA’s ability to maintain and expand its safety programs.