Although federal regulations provide a minimum standard in pipeline safety applying to all interstate natural gas pipelines, states jealously guard their independence is setting rules and regulating intrastate gas pipelines, according to a recent national report.

In response to the rhetorical question on whether a uniform federal inspection policy for intrastate pipelines would improve the lines’ safety, state safety representatives answered a resounding, “No.” The answer was part of the “Compendium of State Pipeline Safety Requirements & Initiatives Providing Increased Public Safety Levels,” released earlier this year by the National Association of Pipeline Safety Representatives (NAPSR) (see NGI, Nov. 14).

NAPSR said a uniform state inspection standard would actually decrease safety levels in gas and other intrastate pipelines.

“Each state is different and has varied risks to it pipeline infrastructure that result from diverse geographic, economic, political, social and environmental factors,” the compendium report said. “A one-size-fits-all policy for all intrastate pipeline systems would be counterproductive and would limit the state’s ability to go beyond the current federal requirements.”

Currently most states take a harder line on natural gas and hazardous liquids pipeline safety than the federal government does, and most exceed federal requirements on pipeline operations, maintenance, and reporting provisions, according to the NAPSR’s latest report.

“By their very nature, state specific regulations can only be enforced by state regulators and not by federal regulators,” the report said. In the wake of a series of major pipeline mishaps during the past 14 months, a number of states, including California, Pennsylvania and Texas, are re-examining their programs and laws covering pipeline safety (see related story).

At the same time, increasingly more federal dollars are flowing to the states for pipeline safety enforcement. After averaging about 52%-to-48%, federal to state funding of state’s pipeline safety programs, the portion coming from the federal government shot up to 67% and 75% in 2009 and 2010, respectively, according to the NAPSR report.

State pipeline safety inspection programs’ funding comes at various levels from state legislatures and from federal grants funded by Congress and administered by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA).

Initially part of the U.S. president’s annual federal funding requests to Congress, the pipeline safety funds ultimately are allocated to the states by PHMSA, which is usually in the form of reimbursement after the states’ have incurred the inspection costs.

Generally, states are certified by PHMSA to assume pipeline safety responsibility for the intrastate pipelines in their respective states, and as part of that certification the states agree that pipeline operators will meet minimum federal safety standards. In addition, 11 states also provide safety inspections of interstate pipelines, acting as agents for the federal government and supplying regular reports to PHMSA.

The 11 states are: Arizona, California, Connecticut, Iowa, Michigan, Minnesota, New York, Ohio, Washington, Virginia and West Virginia.

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