-20 A.G.A.'s objective in commenting to DOT has been to obtain federal regulations written in performance language. DOT can best write performance-styled regulations if Congress gives DOT considerable latitude and flexibility to work with the industry in setting standards for achieving certain safety goals. Regulations written in performance language oftentimes state the goal to be achieved and leave to the discretion of the operator the best means or method of complying. Performance language provides operators flexibility to use their business judgments and expertise to design implementation and compliance strategies that are best suited to their particular work environments. Prescriptive standards, on the other hand, contain specific content language on how a regulated gas operator must comply with a regulation or standard. Generally, regulations that are written prescriptively provide operators with one or a few alternatives for compliance. For example, a rule written prescriptively might read "the_pipeline operator shall provide emergency rescue equipment for the safety of employees entering excavations, including breathing apparatus, rescue harness and line, shoulder straps, eye goggles, and a step ladder." The same rule written in performance language might read "the pipeline operator shall take adequate precautions in excavated trenches to make emergency rescue equipment available at the excavations when needed." Performance language is needed because, for example, gas operators who are located in primarily rural areas may have different needs and operatives than operators in large urban areas. Therefore, we urge Congress to incorporate to the maximum extent possible language in the Pipeline Safety Act of 1991 that grants DOT broad discretion and flexibility to adopt performance regulations. Congressional action should focus on measures to prevent outside force damage, the leading cause of accidents on natural gas systems. Cost-effective, reliable technologies have not been developed to assist gas operators in implementing the EFV and smart pig and underwater pipeline inspection provisions of H.R. 1489 and H.R. 977. The implementation of these provisions would be costly and impractical for the natural gas industry. The natural gas industry is maintaining its historical commitment to operate with the highest concern for safety. The success of these efforts is evidenced by the exemplary safety record of natural gas pipelines and the fact that the number of fatalities and injuries is decreasing. This level of protection is not free. It is estimated that over $54 of the average customer's annual gas bill goes to pay for costs incurred by the gas industry to ensure safety. The results of this commitment is a pipeline network that delivers energy more safely than any other means. These facts are important when policymakers consider imposing further regulatory requirements on pipeline operators in the name of public safety. The implementation of -21 burdensome and expensive new requirements will drive up the cost of gas to the consuming public, resulting in a shift away from natural gas, the safest delivered fuel, to other energy sources. The use of these other fuels may result in more, not fewer, injuries to the public. The present pipelines safety regulatory program strikes a careful balance between cost and benefit, which evolved out of years of experience and should not be disturbed without careful review and thought. Source: 1977-1986: US, DOT/TSC Tra CALENDAR YEAR 83 84 85 86 87 88 Liquid and Gas Pipeline Fatalities, Safety Informamon Report, 1987 Annuni Summary. |