00:00Chair now recognizes the gentleman from Ohio's 12th district for five minutes for questions.
00:07Thank you, Mr. Chairman. Thank you all for being here today.
00:11My first question is from Ms. Miller. Thank you for being here.
00:15In your testimony, you state that in-plant piping regulation by PHMSA is duplicative to safety programs under the jurisdiction of OSHA.
00:23Can you elaborate on the requirements in-plant pipes must comply with under OSHA's process safety management standards?
00:31Thank you for the question.
00:33I appreciate, we do appreciate this committee's consideration of the opportunity to bring legislative certainty to eliminating the duplication.
00:42So OSHA's pipeline safety management system does have requirements that include, for example,
00:47making sure that we have written operating procedures for covered processes, for maintaining integrity, for managing change.
00:58We would note that PHMSA itself has acknowledged that the OSHA safety management imposed on gas implant piping
01:07is of a similar quality to what PHMSA itself would be requiring.
01:14And the duplication of that effort brings, it's cumbersome, it brings not only duplicated demand for resources,
01:23but there can be inconsistencies.
01:25I would highlight, for example, one of the things is that we have inspectors from each of the agencies
01:30who are reviewing our operations, and when they do so, they come with different experience,
01:36different subject matter expertise.
01:39So the OSHA inspectors have familiarity with inspecting implants, for example, in refineries.
01:46The PHMSA inspectors have more experience inspecting interstate pipe transmission lines, for example.
01:53And so that the opportunity to have, engage with a regulator who has more experience with implant piping
02:00brings more consistency and efficient use of resources that can be applied to other safety matters.
02:08Can you discuss the challenges your members have in ensuring safe operations
02:12when two different federal regulators are overseeing the same piping?
02:17I would repeat, then, that it is the complication of having two potentially inconsistent sets of requirements
02:24standing up to programs to be able to achieve similar safety desired outcomes,
02:30but through different means, with different types of inspections, different requirements,
02:35which is just a drain on resources and can be inconsistent or contradictory.
02:41Would you say this conflict and regulatory overlap, like in the case of implant pipes,
02:46make it more confusing and challenging to maintain safe operations for GPA midstream members?
02:53I would.
02:56You also wrote in your testimony that PHMSA is rightfully taking action with the recent notice of proposed rulemaking.
03:04Tough position here.
03:06I can't see it.
03:06I propose rulemaking to alleviate this regulatory uncertainty regarding implant gas piping.
03:12Would you agree that while the agency's proposal is welcome and necessary,
03:18Congress can and should still act to remedy this issue with a statutory fix to provide certainty for industry now and into the future?
03:28Absolutely.
03:28Yes, the notice of proposed rulemaking from SUMSET is a great start,
03:32but we would appreciate Congress making that permanent.
03:34Our members appreciate legislative predictability and certainty so they can plan for long-term operations.
03:40Thank you, Ms. Miller.
03:43Mr. Black, and I want to be kind.
03:45I have a minute 23.
03:48Follow up with you.
03:49Last Congress, this committee passed a strong pipeline safety reauthorization that strengthened penalties
03:54on individuals that damage, destroy, or impair the operation of pipeline facilities.
03:59I've heard from a number of pipeline workers and operators in my district who have strong concerns about worker safety
04:05due to increase in attacks and vandalism on pipelines over the last several years.
04:10Mr. Black, can you discuss why it's so important for Congress to choose loopholes
04:14and strengthen penalties on individuals that attack pipelines?
04:18And follow up, would doing so help protect the safety and security of your members, employees, and pipeline workers?
04:24There's actions that tamper with the pipeline risk, hurting the people that live nearby, the perpetrators themselves, and the environment.
04:33We've seen people cutting through chains to turn valves, shooting pipeline components before they are installed,
04:41and shooting a high, you know, using blowtorch on pipelines.
04:44Congress said no criminal penalties in the pipeline safety law for damaging and destroying, but there's a loophole.
04:52If you tamper with a pipeline, but you don't immediately damage or destroy it, it's not covered by the federal pipeline safety laws.
04:59If you cover that, if you take that action to close that loophole, you will protect the environment and the workforce around those.
05:07We would encourage you to do that in your reauthorization.
05:09Thank you very much, Mr. Chairman.
05:10I yield back.
Comments