Availability of Pipeline Safety Regulatory Documents

Floor Speech

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Ms. TITUS. Mr. Speaker, I yield myself such time as I may consume.

On January 3, 2012, President Obama signed into law the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011. Section 24 of that act states that, effective January 3, 2013, the Secretary of Transportation may not issue ``guidance or a regulation that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public free of charge or on an Internet Web site.''

Then, in the last Congress, the Subcommittee on Railroads, Pipelines, and Hazardous Materials held a number of hearings on pipeline safety, one of which highlighted a current regulation that required pipeline operators to develop and implement public education and awareness programs. The regulation did not explain what should be contained in the education programs, however. Instead, it pointed readers to an industry-developed standard. But in order to read the standard, you had to pay the drafters more than $1,000. If you're a small community, $1,000 is a lot of money for access to just one of many pipeline safety standards.

I and many of my colleagues have concerns about the Federal Government issuing a regulation that requires whoever wants to read it--particularly local communities, first responders, and private citizens--to have to purchase it from a private association. Fortunately, the 2011 act resolved this situation.

Following enactment of section 24, DOT held a public workshop and Webcast with more than 70 industry, safety, and government representatives present to discuss options for implementing the new law. Nearly 200 other entities participated in the Webcast. Additional comments were provided through the Federal Register notice, including by the Small Business Administration, which noted many concerns of small businesses with the continued use of incorporation by reference.

Since the workshop, several standards development organizations have agreed in writing to electronically post on the Internet all of the consensus standards that the Pipeline and Hazardous Materials Safety Administration incorporates by reference into the Federal pipeline safety regulations. Those include ASTM International, the Manufacturers Standardization Society, the Gas Technology Institute, NACE International, the National Fire Protection Association, the American Petroleum Institute, the American Gas Association. I will include their letters in the Congressional Record.

I also will insert letters from the Pipeline Safety Trust, Dakota Rural Action, and Columbia law professor Peter Strauss expressing the need for public availability of the standards in the Record.

Unfortunately, some organizations have expressed concerns about posting their standards on the Internet. This has in turn held up progress of several important safety rulemakings that were mandated in the 2011 pipeline law. So in the spirit of bipartisanship, and not wanting to hold up the rulemaking process, I believe the law should be modified to provide DOT with additional time to implement it and with additional flexibility to determine how best to make the standards widely available to the public. I believe that, even with these changes that are in the law, the law will continue to address the transparency and openness concerns of the safety community.

Mr. Speaker, I yield back the balance of my time.

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