Senator Markey Introduces Comprehensive Legislation to Improve Oil and Gas Pipeline Accountability, Safety, and Environmental Standards.

Builds on Senator Markey's Leonel Rondon Pipeline Safety Act, which strengthened emergency response and safety standards for gas distribution pipelines in wake of deadly Merrimack Valley gas explosion in 2018

Bill Text (PDF)|One Pager (PDF)|Section-by-Section (PDF)

Washington (August 1, 2024) - Senator Edward J. Markey (D-Mass.), a member of the Commerce, Science, and Transportation Committee, today introduced the Pipeline Accountability, Safety, and Environmental Standards (PASES) Act to significantly enhance the public safety, environmental integrity, and transparency of pipeline operations across the United States. The comprehensive legislation addresses the urgent need for more stringent safety measures and smart regulations in the wake of devastating accidents, such as the San Bruno, California gas pipeline explosion and the Satartia, Mississippi rupture of a carbon dioxide pipeline. The bill also supports engagement with communities directly affected by pipelines and requires regulations to more fully consider environmental harms.

"As we work to transition to clean energy, we need to limit the significant risks that pipelines continue to pose to public safety and the environment," said Senator Markey. "If pipelines leak, break, or fail, then we need to plug, seal, and boost the federal safety and accountability rules that protect our cities and towns. My Pipeline Accountability, Safety, and Environmental Standards Act would help ensure communities are actively involved in pipeline safety, that climate impacts are accounted for, and that standards are updated and modernized."

A copy of the bill can be found HERE.

Specifically, the bill would:

1. Enhance safety and environmental standards. The bill reiterates and mandates that the Pipeline and Hazardous Materials Safety Administration (PHMSA) consider climate impacts, the lifespan of fossil fuel infrastructure, and plans for transitioning to non-emitting alternatives when setting pipeline standards.
2. Streamline rulemaking. By eliminating duplicative cost-benefit analysis requirements, the bill allows PHMSA to act more swiftly and effectively in protecting public health and safety.
3. Increase public participation and transparency. The bill strengthens the role of public stakeholders in technical safety standards committees and ensures they are independent. Additionally, by establishing an Office of Public Engagement within PHMSA, funded at $12 million a year, this bill enhances the agency's ability to educate and involve communities in pipeline safety discussions.
4. Require safety upgrades and regulations. The bill requires the application of updated safety standards to existing pipelines and requires that pipelines can be rapidly isolated in the event of catastrophic failures. This bill also directs the development of robust safety regulations for CO2 pipelines, which present unique hazards, and calls for an independent study on the safety of blending hydrogen into natural gas systems.
5. Provide funding for pipeline modernization and non-emitting alternatives. By modifying adding new funding to the Natural Gas Distribution Infrastructure Safety and Modernization Grant Program, the bill ensures continued investment in pipeline safety and modernization, with 20 percent of funds allocated to non-emitting alternatives and workforce training.
6. Require public disclosure and incident reporting. The bill mandates comprehensive disclosure of pipeline safety data to the public and lowers the thresholds for reporting incidents, ensuring greater transparency and accountability.
7. Improve accountability measures. By removing limits on civil penalties for a related series of violations and allowing private citizens to take legal action against PHMSA for failing to enforce safety standards, the bill closes existing regulatory gaps and enhances accountability.

Senator Markey's legislation is endorsed by Pipeline Safety Trust, Sierra Club, Environmental Defense Fund, Food & Water Watch, Public Citizen, HEET, Mothers Out Front, Appalachian Voices, BOLD Alliance, Oil Change International, Earthworks, Science and Environmental Health Network, Center for Biological Diversity, and Conservation Law Foundation.

"The Pipeline Safety Trust enthusiastically supports Senator Markey's Pipeline Accountability, Safety, and Environmental Standards Act of 2024," said Bill Caram, Executive Director of the Pipeline Safety Trust. "This bill would make significant progress towards pipeline safety by getting at the root of the legal and regulatory hurdles in the way of reaching zero pipeline incidents. We are deeply grateful to Senator Markey and his team for taking seriously the protection of people and the environment from the risks of pipelines."

"We applaud Senator Markey for his introduction of this bill that would better protect the public from risks associated with pipelines and LNG infrastructure, like leaks that pollute the climate, harm public health, and can lead to disastrous explosions," said Claire Dorner, Associate Director, Legislative & Administrative Advocacy, Beyond Dirty Fuels, at the Sierra Club. "The recent 2 year anniversary of the Freeport LNG explosion serves as a reminder that no community should have to live in fear of catastrophic infrastructure failures resulting from a lack of adequate communication and emergency response plans put in place by the operator. By establishing an Office of Public Engagement with the Pipeline & Hazardous Materials Administration (PHMSA), this bill would lead to better incident prevention and require robust emergency response plans that could save lives."

"Senator Markey's bill represents a crucial step forward in safeguarding public health and our climate," said Brad Campbell, President of Conservation Law Foundation. "Senator Markey's proposed standards for both new and existing gas pipelines and storage facilities provide overdue protection to communities and our climate, both now at risk due to dangerous leaks and lax oversight. The bill's provisions for citizen enforcement, climate-focused planning, and increased public engagement put safety and communities first and will speed the transition to a future without fossil fuels."

"Rigorous oversight of our country's pipeline infrastructure is critically important for community safety and protecting our environment, and Senator Markey's legislation would do just that by strengthening the Pipeline and Hazardous Materials Safety Administration (PHMSA)," said Joanna Slaney, Associate Vice President for Political Affairs at the Environmental Defense Fund. "His proposal will improve transparency and strengthen protections for communities and the environment. We applaud Senator Markey's continued leadership on pipeline safety."

"I have seen first-hand what happens when a carbon dioxide pipeline ruptures," said Jack Willingham, Emergency Management Director for Yazoo County, Mississippi. "First responders and the public urgently need better information and training on how to respond to these kinds of accidents. I thank Senator Markey for including important provisions to improve pipeline safety, public transparency, and first responder readiness in his bill."

"The Pipeline Accountability, Safety, and Environmental Standards Act of 2024 is a big step forward for transparency, public involvement, and above all else, safety for people who live near pipelines," said Quenton King, Government Affairs Specialists at Appalachian Voices. "By creating an Office of Public Engagement, the bill will make it easier for residents to get access to important information about pipeline construction, operation and more. As we have recently seen when the Mountain Valley Pipeline ruptured during safety testing, information about hazards and failures isn't always shared quickly or reliably with impacted landowners and residents. We commend Senator Markey for prioritizing the concerns and voices of those on the frontlines of pipelines across the country."

"We applaud Senator Markey for introducing the Pipeline Accountability, Safety, and Environmental Standards Act of 2024,"said Jim Walsh, Policy Director at Food & Water Watch and Food & Water Action. "There is an urgent need to update pipeline safety rules to protect communities from catastrophic leaks and explosions. Given the industry's plans to build massive new carbon pipelines and to blend hydrogen in conventional gas infrastructure, Senator Markey's bill offers commonsense rules that will help protect the health and safety of our communities."

"Children across the country deserve to enjoy healthy and robust lives, regardless of where they live," said Beth Shipp, Executive Director of Mothers Out Front. "Senator Markey's Pipeline Accountability, Safety, and Environmental Impact Act will help us take one more step toward realizing an America where children not only survive, but thrive without fear of the climate disasters that occur when oil or gas pipelines rupture or explode. As mothers and caregivers who care about the future of ALL children, we applaud Sen. Markey and look forward to working with him on this important piece of legislation."

"This bill would close dangerous safety gaps in carbon dioxide pipeline regulations and protect communities at risk," said Maggie Coulter, an attorney at the Center for Biological Diversity's Climate Law Institute. "To say that CO2 pipelines are underregulated is a vast understatement. Congress should pass this bill to shore up regulations, transparency and accountability, before another pipeline rupture risks injury and death."

"Senator Markey's Pipeline Accountability, Safety, and Environmental Standards Act of 2024 is timely and much needed," said Carolyn Raffensperger, Executive Director of the Science and Environmental Health Network. "In the absence of strong safety measures, the proposed build-out of pipelines, particularly CO2 pipelines, is deeply troubling. This legislation will help fill in the regulatory gaps and provide accountability and transparency. It will help protect the public from leaky, accident-prone pipelines."

In September 2023, Sen. Markey introduced the Penalizing and Improving Prevention of Emergencies (PIPE) Act, legislation that would close loopholes and lift barriers so the U.S. Department of Transportation's Pipeline and Hazardous Materials Administration (PHMSA) can better protect communities from pipeline accidents and disasters and ensure companies are held accountable for wrongdoing. The introduction fell on the anniversary of the Merrimack Valley gas explosions on September 13, 2018, which resulted in the death of 18-year-old Leonel Rondon, dozens of injuries, damage to more than 100 structures, and thousands of homes left without natural gas service for months. In 2020, Senator Markey's Leonel Rondon Pipeline Safety Act, which was cosponsored by Senator Elizabeth Warren (D-Mass.) and Senator Richard Blumenthal (D-Conn.) and led by Representatives Lori Trahan (MA-03) and Seth Moulton (MA-08) in the House, became law and strengthened emergency response and safety standards for natural gas distribution pipelines.

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