Washington Policy Reports
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Washington Policy Report: September 2011
Pipeline Bill Being Prepared In House Transportation and Infrastructure Committee
The pipeline accident in San Bruno, CA, necessitated this examination, as well as the need to reauthorize the Pipeline and Hazardous Materials and Safety Administration (PHMSA). This bill’s main purposes would be to enhance pipeline safety, as well as reauthorize the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the Department of Transportation (DOT) for fiscal years (FYs) 2011 through 2014.
The Senate Committee on Commerce, Science and Transportation marked up S. 275, the “Pipeline Transportation Safety Improvement Act of 2011 (PTSI Act),” on May 5. This bill was “hotlined” by the Senate for consideration under a procedure called “unanimous consent,” but was later withdrawn because of an anonymous hold.
Regarding the proposal in the Senate, it seeks to authorize additional staff at PHMSA, raise fine caps for violations to $2.5 million, authorize the DOT Secretary to shut down pipelines in certain circumstances, and require the DOT Secretary to report to Congress more about safety issues.
The Senate bill language states:
- a status indication of the review and approval of each gas emergency response plan pursuant to section 60102(d)(5) of this title and of each hazardous liquid pipeline operator’s response plan pursuant to part 194 of title 49, Code of Federal Regulations;
- a comprehensive description of the requirements for such plans; and ‘‘(C) a detailed summary of each approved plan written by the operator that includes the key elements of the plan, but which may exclude—
- proprietary information;
- security-sensitive information, including as referenced in section 1520.5(a) of 17 title 49, code of Federal Regulations;
- specific response resources and tactical resource deployment plans; and
- the specific amount and location of worst-case discharges, including the process by which an operator determines the worst discharge.
- maintain a copy or, at a minimum, a detailed summary of any industry-developed or professional organization pipeline safety standards that have been incorporated by reference into regulations, to the extent consistent with fair use.
On July 26, 2011, the House Energy and Commerce Committee passed a portion of a pipeline bill. On September 8, the House Transportation and Infrastructure Committee successfully passed a pipeline safety measure, absent a reauthorization for PHMSA. There is no firm timeline for a PHMSA reauthorization bill right now. Specifically, this bill would increase civil penalties for major pipeline violations to $175,000 per incident, up from the current $100,000 limit. ASME staff has had some additional discussions regarding the House version of this legislation. As of this writing there is no firm timetable for the House to introduce, or act, on this proposal.
ASME Position Statements
Standards and Technical Barriers to Trade
ID: PS11-03 Updated position statement addressing technical barriers to trade and best practices for enhancing American exports in emerging economies worldwide.
Current Standards Legislation
The Leahy-Smith America Invents Act (AIA)
To amend title 35, United States Code, to provide for patent reform, moves the U.S. from “first to invent,” to “first to file” status. http://www.uspto.gov/aia_implementation/bills-112hr1249enr.pdf
S. 275 - The Pipeline Transportation Safety Improvement Act of 2011
This bill seeks to authorize additional staff at PHMSA, raise fine caps for violations to $2.5 million, authorize the DOT Secretary to shut down pipelines in certain circumstances, and require the DOT Secretary to report to Congress more about safety issues. http://thomas.loc.gov/cgi-bin/query/z?c112:S.275.IS:#
H.R. 2845 - The “Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011”��
This bill would seek to amend title 49, United States Code, to provide for enhanced safety and environmental protection in pipeline transportation, to provide for enhanced reliability in the transportation of the Nation’s energy products by pipeline, and for other purposes. http://republicans.transportation.house.gov/Media/file/112th/Railroads/Pipeline_Safety_Regulatory_Certainty_and_Job_Creation_Act.pdf
H.R. 2250 - The EPA Regulatory Relief Act of 2011.
This bill extends compliance time for commercial and industrial boilers, and requires EPA to take another 15 months to "re-propose" four rules affecting boilers known together as the "Boiler MACT" rules. http://thomas.loc.gov/cgi-bin/bdquery/z?d112:h.r.2250:#
For more detailed legislative bill information from the Library of Congress, please visit THOMAS http://thomas.loc.gov.
House and Senate Committees
Federal Agencies
Reports
American Conference of the United States (ACUS) report on Incorporation by Reference (IBR). Incorporation by reference allows agencies to fulfill their legal obligation to publish rules in the Code of Federal Regulations (CFR) by referring to standards or other materials that have been published elsewhere. http://www.acus.gov/research/the-conference-current-projects/incorporation-by-reference/
The Economic Impact of Proposed EPA Boiler/Process Heater MACT Rule on Industrial, Commercial, and Institutional Boiler and Process Heater Operators, from the Council of Industrial Boiler Owners http://www.cibo.org/pubs/boilermact_jobsstudy.pdf
The American National Standards Institute (ANSI) Workshop Report: Standards and Codes for Electric Drive Vehicles,” the issues of safety and consumer confidence – and the conformance and training programs needed to support them – are key priorities for the widespread acceptance of EDVs and the continued growth of the market. http://www.ansi.org/meetings_events/events/2011/electric_drive_vehicles_workshop.aspx?menuid=8