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Pipeline Safety Bill Passes Senate, Moves to President

Includes Udall Priorities for Improved Rural Pipeline Safety

WASHINGTON - U.S. Senator Tom Udall (D-NM) today hailed the passage of legislation, which he cosponsored, to increase public safety protections for natural gas and oil pipelines. After passage in the U.S. House on Monday, the Pipeline Safety, Regulatory Certainty, and Jobs Creation Act, which reauthorizes the Pipeline and Hazardous Materials Safety Administration, passed the Senate unanimously Tuesday night. The Senate version of the bill was sponsored by Sen. Frank Lautenberg (D-NJ) and also cosponsored by Sens. Jay Rockefeller (D-WV), Robert Menendez (D-NJ), Robert Casey (D-PA), and Mark Begich (D-AK).

"I'm pleased that Congress was able to come together and enhance safety standards for pipelines, in both urban and rural areas, in order to prevent pipeline explosions and spills that threaten public safety and the environment," Udall said. "Given our natural resources, New Mexico is home to many oil and gas pipelines, and both industry and state and federal regulators share a responsibility to ensure that they are operated and maintained properly."

In August 2000, a severely corroded natural gas transmission line exploded in a rural part of Eddy County, New Mexico killing 12 members of several related families camping near the Pecos River. The incident is considered to be the second worst pipeline explosion in the U.S, and the tragedy helped spur Congress to enact the first dedicated federal pipeline safety law in 2002. Udall was an early supporter of that legislation when he served in the U.S. House of Representatives.

The 2011 legislation includes a requirement from a Udall amendment adopted earlier this year, which addresses safety issues in rural areas by requiring companies to share their pipeline inspection data. Currently, pipeline inspection data must only be collected and maintained in designated "high consequence areas" which are largely denser, urban areas. This will now expand to rural areas as well.

Anticipating this new requirement, the Pipeline Safety and Hazardous Materials Administration is already preparing a formal information collection request that will cover rural areas. After analyzing the data, the federal agency has full authority to extend comprehensive pipeline inspection requirements to rural areas, as called for by Udall during Senate Commerce Committee hearings.

Rick Kessler, who serves as Vice President of the nonprofit Pipeline Safety Trust said: "We are grateful for Sen. Udall's support for stronger pipeline safety measures and appreciate the work he's done to make this a bill worth enacting into law."

The 2011 pipeline safety legislation is the second reauthorization and expansion of that original legislation, following another series of high-profile pipeline accidents in recent years, including a gas line explosion that killed 8 people in San Bruno, California and oil pipeline breaks that spilled thousands of gallons of crude oil into the Yellowstone River in Montana and Kalamazoo River in Michigan.

The Pipeline and Hazardous Materials Safety Administration is an agency within the Department of Transportation charged with setting and enforcing safety standards for interstate natural gas and oil pipelines. The 2011 legislation includes the following safety enhancements:

  • Increases the maximum penalty for violating pipeline safety standards, from $100,000 to $200,000 for a single violation, and from $1,000,000 to $2,000,000 for a series of violations;
  • Authorizes the expansion of pipeline safety requirements beyond urban "high consequence areas" to rural areas, where many of New Mexico's pipelines are located;
  • Enhances data collection, including inspection data in rural areas not currently required;
  • Grants broad authority to issue standards to address risks and imminent threats to public safety and the environment;
  • Requires regulations to set time limits on accident and leak notifications to state and local officials and emergency responders;
  • Expands the use of emergency automated shut-off and excess flow valves which reduce damage from explosions and leaks;

Enhances state "One-Call" requirements for contractors to call before digging to prevent a leading cause of pipeline accidents.

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