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Environmental groups have recently been pushing federal regulators to develop rules that would treat tar sands pipeline transport separately from that of conventional crude. Just three days before the Arkansas incident, a coalition of organizations petitioned the country’s chief pipeline regulator, the Pipeline and Hazardous Materials Safety Administration, and the EPA to develop regulations that address the unique characteristics of tar sands crude. Companies are not required to notify regulators about what type of crude oil they are transporting, a spokesman for the pipeline regulatory agency said.
“The simple fact is that there’s been a surprising lack of due diligence by both industry and government regulators,” said Anthony Swift, a Natural Resources Defense Council attorney who works on pipeline safety issues.
A 2012 law (PL 112-90) that reauthorized the pipeline regulatory administration also increased maximum fines for safety infractions and mandated a study of whether there is a higher risk of failure for pipelines moving diluted bitumen.
Swift said the pipeline agency set the scope of the study “as narrowly as possible” to focus on whether diluted bitumen creates a greater risk for pipeline rupture than other types of liquid petroleum. Environmental advocates complain the review process will not include new research on the behavior of tar sands during pipeline transport, instead relying on existing industry-sponsored studies.
“I think you really do need to have a sense of what you’re dealing with before you can adequately increase the strength of regulations,” he said.
The Association of Oil Pipe Lines contends on its website that “there is simply no evidence pipelines carrying diluted bitumen behave any differently than a pipeline carrying conventional crude oil, or that diluted bitumen is more corrosive than other crude oils.
“Pipeline operators don’t build multi-billion dollar assets to then destroy them with a corrosive product,” the trade group added.
Environmentalists argue that, once spilled, the diluted bitumen is harder to clean up.
“We saw that with Kalamazoo,” Swift said, referring to the 2010 tar sands spill into the Michigan river that the EPA is still having difficulty cleaning up. The National Academy of Sciences is expected to publish the findings of a study into that question next spring.
West Virginia Democrat Jay Rockefeller, chairman of the Senate panel with jurisdiction over pipeline infrastructure, said he remains concerned about the spate of pipeline breaches while the pipeline administration works to implement the 2012 law.
“The industry must do a better job,” he said. “And we must hold it accountable.”