[Senate Hearing 114-126]
[From the U.S. Government Publishing Office]
S. Hrg. 114-126
NOMINATION OF MARIE THERESE DOMINGUEZ
TO BE ADMINISTRATOR, PIPELINE AND
HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA),
U.S. DEPARTMENT OF TRANSPORTATION
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
__________
JULY 22, 2015
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida, Ranking
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN III, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
David Schwietert, Staff Director
Nick Rossi, Deputy Staff Director
Rebecca Seidel, General Counsel
Jason Van Beek, Deputy General Counsel
Kim Lipsky, Democratic Staff Director
Chris Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel and Policy Director
C O N T E N T S
----------
Page
Hearing held on July 22, 2015.................................... 1
Statement of Senator Thune....................................... 1
Statement of Senator Booker...................................... 2
Statement of Senator Ayotte...................................... 19
Statement of Senator Fischer..................................... 21
Statement of Senator Sullivan.................................... 22
Statement of Senator Peters...................................... 25
Statement of Senator Blunt....................................... 27
Statement of Senator Cantwell.................................... 28
Statement of Senator Daines...................................... 30
Witnesses
Hon. Mark Warner, U.S. Senator from Virginia..................... 4
Marie Therese Dominguez to be Administrator, Pipeline and
Hazardous Materials Safety Administration (PHMSA), U.S.
Department of Transportation................................... 5
Prepared statement........................................... 7
Biographical information..................................... 8
Appendix
Response to written questions submitted to Marie Therese
Dominguez by:
Hon. John Thune.............................................. 35
Hon. Roy Blunt............................................... 37
Hon. Dan Sullivan............................................ 38
Hon. Steve Daines............................................ 39
Hon. Edward Markey........................................... 40
Hon. Joe Manchin............................................. 41
NOMINATION OF
MARIE THERESE DOMINGUEZ
TO BE ADMINISTRATOR, PIPELINE AND
HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA),
U.S. DEPARTMENT OF TRANSPORTATION
----------
WEDNESDAY, JULY 22, 2015
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:05 a.m. in
room SR-253, Russell Senate Office Building, Hon. John Thune,
Chairman of the Committee, presiding.
Present: Senators Thune, Blunt, Ayotte, Sullivan, Gardner,
Daines, Cantwell, Markey, Booker, Manchin, Fischer, and Peters.
OPENING STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
The Chairman. This nomination hearing will come to order.
Today we are going to consider the nomination of Marie
Therese Dominguez to be the next Administrator of the Pipeline
and Hazardous Materials Safety Administration.
PHMSA plays a key role in the infrastructure of the Nation,
and it is important that its senior leadership be in place to
ensure accountability to Congress and an array of stakeholders
as we seek to improve safety and maintain and expand the
Nation's pipeline networks.
These pipeline and related transportation networks
fundamentally underpin our Nation's economy. So it is important
that those who directly oversee these networks have the
experience and skills necessary to manage this critical
enterprise.
The PHMSA Administrator position has been vacant since last
October when Cynthia Quarterman resigned. By the time President
Obama finally announced his intention to nominate Ms. Dominguez
on May 29, the post had been vacant for 237 days, well past the
statutory time of 210 days contemplated by the Vacancies Act
for a temporary appointment.
The lack of Presidential nominations for critical safety
positions has been a standing concern of this committee. For
example, the White House dragged its feet in nominating someone
to lead the Transportation Security Administration, prompting
even The New York Times editorial page, normally quite
deferential to the President, to express the opinion that ``the
Obama Administration has been disturbingly slow to give the TSA
strong leadership at the top.''
Thankfully, once the Administration nominated a qualified
individual to lead the TSA, the Senate was able to act quickly
to confirm the nominee, and Admiral Neffenger was sworn in at
the TSA only 2 weeks ago.
Unfortunately, the Administration has also been slow in
nominating a qualified individual to lead PHMSA.
During a Commerce Committee hearing back in March of this
year, Senator Daines expressed concerns to Transportation
Secretary Anthony Foxx that a PHMSA Administrator nominee had
yet to be named and questioned when the PHMSA Administrator
position would be filled. Secretary Foxx was unable to shed any
light on the delay or when a nominee could be expected.
On May 6, Politico published an articled entitled
``President Obama's pipeline safety agency waits for leader,''
observing that ``President Obama has blown past the legal
deadline to name a permanent boss for the agency that oversees
the safety of the Nation's oil trains and fossil fuel
pipelines.''
On May 20, 2015, ten Democratic Senators wrote a letter to
President Obama calling on him to act quickly to nominate an
Administrator for PHMSA, and noting that the most recent
permanent Administrator left the position more than 220 days
ago.
It seems to take a chorus of inquiries from the media and
the Administration's allies for it to get around to nominating
individuals to lead critically important safety agencies.
I am disappointed at the length of time it took for the
President to send us a nominee for PHMSA, but he has finally
sent us one.
Ms. Dominguez appears to have substantial management
experience while serving at the U.S. Postal Service and the
Army Corps of Engineers, and we appreciate that service.
I am concerned that her accomplishments do not appear to
indicate expertise or experience on issues regarding pipeline
safety or hazardous materials safety. I will be asking Ms.
Dominguez to respond to this concern during the hearing.
I will also be asking Ms. Dominguez about her perspective
on some of the challenges facing the Nation's pipeline
infrastructure, as well as the challenges the agency is facing
with respect to delays in reports and regulations mandated by
the 2011 Pipeline Safety Act.
Having said all this, I would like to thank Ms. Dominguez
for her willingness to serve the Nation in this important role,
and I look forward to her testimony.
With that, I would like now to turn to our distinguished
Ranking Member, Senator Booker, for any remarks that he would
like to make.
STATEMENT OF HON. CORY BOOKER,
U.S. SENATOR FROM NEW JERSEY
Senator Booker. Mr. Chairman, I am disappointed that you
will not allow us to put Senator Warner under oath and ask him
some questions.
[Laughter.]
Senator Booker. But absent that permission, therefore I
will open with my opening statements.
I want to thank you, Chairman Thune. It is an honor to sit
here, but I do so with the recognition that Senator Nelson is
recovering now in Florida, and I just want to echo the thoughts
of all my colleagues that we are praying for him and that he
has a speedy recovery.
This is an important hearing.
And, Ms. Dominguez, congratulations on your nomination. It
is an extraordinary thing to put yourself forward in public
service. It is a commitment, as well as a sacrifice, and I am
grateful that you were willing to do so.
This is a very important job. While I am sure that most New
Jerseyans have no idea what PHMSA is, the reality is what you
are doing is critical for my state and our Nation's safety. New
Jersey, for example, has the highest per capita population in
the country. So for my state PHMSA is absolutely critical in
that sense: the Administration is charged with overseeing the
transportation of hazardous materials through our state. And
this is really what your focus of leadership will be about.
Although the uses of substances that are highly toxic is
critical for our economy and our daily lives, their use must
never come at the risk of human safety. We have seen how
critical the role of PHMSA is in dealing with the movement of
hazardous materials. For instance, PHMSA played a lead role in
addressing safety issues that were raised by the transportation
of crude oil on freight trains. Making sure that these trains
that travel through our communities, our neighborhoods where
Americans live and sleep and work--making sure that they are as
safe as possible and moving in the best possible and safe tank
cars is something that everyone here cares passionately about.
And with much of New Jersey's pipeline infrastructure being
several decades old, we look at ways to continually invest and
improve in that system.
Ms. Dominguez, I know that you have a solid record, as was
said by the Chairman, of effective leadership, problem-solving
and more in your past positions. I look forward to working with
you on ways that we can tackle the existing challenges ahead of
us and work on these vital issues. I am confident that Marie
Therese Dominguez is well-suited for this role and will bring a
high level of knowledge and expertise to the position that we
all can benefit from.
I look forward to today's proceedings, and I am grateful
again for your being here.
The Chairman. Thank you, Senator Booker, and thank you for
very ably filling in for Senator Nelson, who we continue to
keep in our thoughts and prayers, and are pleased to hear the
good progress reports, and look forward to having him back on
our panel here soon.
And we are also delighted to have with us today one of our
colleagues, the Senator from Virginia, Senator Warner, who has
graced us with his presence in order to introduce our nominee
this morning, and we want to welcome Senator Warner to the
Committee. And please proceed with your remarks.
STATEMENT OF HON. MARK WARNER,
U.S. SENATOR FROM VIRGINIA
Senator Warner. Well, thank you, Mr. Chairman. It is great
to be back in the Commerce Committee where I had the
opportunity to serve with you and so many members for five and
a half years. I do wonder how the Ranking Member got so far up
the dais since he was fairly far down the dais when I was on
the Committee.
But it is a great opportunity for me to speak on behalf of
my good friend. Actually Marie Therese used to work for me at
one point. So I can speak for her both as a friend and as a
former employer.
Let me say at the outset I fully support her nomination as
PHMSA Administrator.
And I think you both made a comment that I would concur
with. One, I wish the Administration had moved quicker on this.
And two, PHMSA was one of these agencies that, quite honestly,
I had never heard for 4 or 5 years ago. But as we have seen the
amount of, particularly, oil shipment, Bakken crude in
particular, go up over 50 percent in the last 5 years, this
poses enormous, enormous challenges.
In Virginia, we had a major derailment April 30 of last
year. In Lynchburg, Virginia, we had a train derail going right
through the heart of the city, and through simple good fortune,
it fell into the river instead of falling into the town. An
enormous fire took place. No one was killed, but it was just
through the grace of God that the train did not derail in the
other direction which could have been as devastating as some of
the accidents that took place in Canada and elsewhere around
the country. So making sure that we have got a qualified,
capable Administrator of PHMSA is something that is terribly
important.
And let me explain why I believe that Ms. Dominguez is
eminently qualified to do that.
She has years of experience in both the private sector and
the public sector. She has a strong background in
infrastructure development and oversight with her work with the
Army Corps of Engineers. She was Deputy Chief of Staff at FAA
and has worked at the National Transportation Safety Board. She
has also worked at the Postal Service.
Marie Therese has demonstrated her commitment to public
service, serving in two administrations and gaining strong
managerial and infrastructure oversight experience. But she has
also worked in the private sector, somebody who spent, I will
say, 2 years more time in the private sector than public
sector. I think you need to bring both sets of experience to
the table. And in both the public sector and the private
sector, by focusing on bottom line and thriving to make sure
that we have got results-oriented environments.
Now, as I mentioned, Marie Therese has worked for me in the
past. I had her in a management position where I was very
impressed with her capabilities. And I think she has the
ability to lead PHMSA through the successful implementation of
key safety reforms. I think as we talk about ways to deal with
infrastructure, one critical part is going to be our pipelines,
our rail systems, and others as we transport both critical
energy but also, in some cases, hazardous materials. And this
small, little agency that, again, I will acknowledge 5 years
ago I did not know existed--I think it is going to play an
extraordinarily important role in the coming decades. So I
think with that in mind, we need a strong leader and a strong
manager.
PHMSA has the technical expertise. I know Ms. Quarterman,
when she was Director--I brought her in. She had had some
experience, but you really have to dig into the details with
the technical people to get all this right, and you need
somebody at the top to lead. I believe Marie Therese will do
that.
And I appreciate the Committee's opportunity to allow me to
come in and put in this recommendation for my good friend.
Thank you.
The Chairman. Thank you, Senator Warner. We appreciate your
words of recommendation. That obviously means a lot. It carries
a lot of weight with members of this committee. So thanks for
being here. Thanks for sharing that.
And we are very delighted to welcome to our committee Ms.
Dominguez and look forward to hearing from her and again,
express what has already been said, and that is your
willingness to serve and go through the process that is
required to serve in some of these important positions. But we
welcome you to the Committee this morning, and please proceed
with your remarks and then we will get to some questions. Thank
you.
STATEMENT OF MARIE THERESE DOMINGUEZ, TO BE
ADMINISTRATOR, PIPELINE AND HAZARDOUS MATERIALS
SAFETY ADMINISTRATION (PHMSA), U.S. DEPARTMENT OF
TRANSPORTATION
Ms. Dominguez. Good morning. Chairman Thune, Ranking Member
Booker, members of the Committee, it is an honor to appear
before you today as the nominee for Administrator of the
Pipeline and Hazardous Materials Safety Administration.
I would like to thank President Obama for nominating me and
Secretary Foxx for his support.
I would also like to thank Senator Mark Warner, a friend
and a leader. I am grateful to him for introducing me today.
I am joined today by some very special people, my
incredible parents, Margaret and Larry Dominguez. The values
they instilled in me of family, hard work, sacrifice, and
service to others have inspired me beyond measure, leading me
to a career in public service. My sister Christa, brother-in-
law Sean, and my nieces Molly and Maggie could not be here
today, but they are watching remotely. My family is my
foundation and a true gift in my life, and I am most grateful
for their support.
My father served 42 years in the United States Secret
Service, the U.S. Department of Transportation, and the United
States Marine Corps. As a Secret Service agent, he was with
President Reagan during the attempt on his life. From him, I
learned how quickly a life can change and how incredibly
rewarding it can be to keep others safe. Safety is deeply
personal to me, and it is at the heart of everything that
PHMSA's employees do each day.
PHMSA's reach is vast, but the mission is concise: to
protect people and the environment from the risks of hazardous
materials transportation in all modes, including the 2.6
million miles of pipeline nationwide. This safety mission is
what drives the talented team of experts and professionals, and
safety is what drives me in my commitment to make PHMSA the
premier safety organization in transportation.
As a leader, most recently at Army Civil Works, I bring to
PHMSA a dedication to safety and public service; extensive
experience as a senior executive in infrastructure,
transportation, and safety; and a unique perspective on how to
organize for success.
My very first accident launch was in 1996 when I worked at
the National Transportation Safety Board. It was the ValuJet
Flight 592 crash, which claimed the lives of everyone on board.
I witnessed firsthand the devastation that this type of tragedy
can cause, both the loss of life and the lasting impacts to
families and communities.
It was also the first time I interacted with PHMSA's
technical and safety experts. They were an integral part of the
investigation team and contributed a critical safety solution
by writing and enforcing regulations to prohibit oxygen
containers for carriage in passenger aircraft.
I have also worked with complex government organizations
through critical periods of change.
When I joined the Postal Service, mail volume was at record
highs. But when the economic crisis hit, the market changes we
thought were years out happened in a matter of months. We
worked quickly to assess the organization and chart an
innovative path forward, which included operational as well as
legislative and policy solutions. The strategy hinged on the
ability of the organization to respond to the changing
marketplace. We worked within the organization, with Congress,
and with our partners to implement changes that allowed the
Postal Service to achieve financial stability.
I join PHMSA at a similar pivotal juncture. The U.S. energy
sector is undergoing a rapid transformation. Technology and
innovation have brought energy independence and new products
which improve our lives, but they also may contain hazardous
materials that need to be safely transported. It is our
responsibility to use our regulatory and enforcement authority
effectively to assure all Americans that, even as the landscape
changes, safety is a constant.
Thanks to resources provided by Congress, PHMSA is growing
by 25 percent to keep pace with economic growth. We need to
stay ahead and ensure that industry and our State partners are
maintaining the highest safety standards.
We need to examine our processes and our structure so we
can be responsive and drive innovation that enhances our safety
mission. In doing so, we will be better positioned to leverage
data, research and development, and other predictive
capabilities to manage risk. You have my commitment that I will
focus on the continual improvement of PHMSA's safety record and
enforcement regime. If confirmed, I will bring strong
leadership and vision to make PHMSA synonymous with safety,
trust, and innovation.
Thank you again for the opportunity to appear before you
today. I look forward to answering any questions.
[The prepared statement and biographical information of Ms.
Dominguez follow:]
Prepared Statement of Marie Therese Dominguez, Deputy Administrator,
Pipeline and Hazardous Materials Safety Administration, Pipeline And
Hazardous Materials Safety Administration, Administrator-Designate
Chairman Thune, Ranking Member Nelson, and Members of the
Committee, it is an honor to appear before you today as the nominee for
Administrator of the Pipeline and Hazardous Materials Safety
Administration (PHMSA).
I would like to thank President Obama for nominating me and
Secretary Foxx for his support.
I would also like to thank Senator Mark Warner--a friend and a
leader. I am grateful to him for his support of my nomination.
I am joined today by some very special people--my incredible
parents, Margaret and Larry Dominguez. The values they instilled in me
of family, hard work, sacrifice and service to others have inspired me
beyond measure--leading me to a career in public service. My sister
Christa, brother-in-law Sean and my nieces Molly and Maggie couldn't be
here today, but they are watching remotely. My family is my foundation
and a true gift in my life, and I am most grateful for their support.
My father served 42 years at the United States Secret Service and
the U.S. Department of Transportation. As a Secret Service agent, he
was with President Reagan during the attempt on his life. From him, I
learned how quickly a life can change--and how rewarding it can be to
keep others safe. Safety is deeply personal for me, and it is at the
heart of everything that PHMSA's employees do each day.
PHMSA's reach is vast, but the mission is concise: to protect
people and the environment from the risks of hazardous materials
transportation in all modes, including the 2.6 million miles of
pipeline nationwide. This safety mission is what drives the talented
team of experts and professionals, and safety is what drives me in my
commitment to make PHMSA the premier safety organization in
transportation.
As a leader, most recently at Army Civil Works, I bring to PHMSA a
dedication to safety and public service; extensive experience as a
senior executive in infrastructure, transportation and safety; and a
unique perspective on how to organize for success.
My very first accident launch was in 1996, when I worked at the
National Transportation Safety Board. It was the ValuJet Flight 592
crash, which claimed the lives of everyone on board. I witnessed
firsthand the devastation that this type of tragedy can cause--both the
loss of life, and the lasting impacts to families and communities.
It was also the first time I interacted with PHMSA's technical and
safety experts at its predecessor agency, RSPA, the Research and
Special Programs Administration. They were integral members of the
investigation team and contributed a critical safety solution by
writing and enforcing regulations to prohibit oxygen containers for
carriage in passenger aircraft.
I have also worked with complex government organizations through
critical periods of change.
When I joined the Postal Service, mail volume was at record highs.
But when the economic crisis hit, the market changes we thought were
years out happened in a matter of months. We worked quickly to assess
the organization and chart an innovative path forward, which included
operational as well as legislative and policy solutions. The strategy
hinged on the ability of the organization to respond to the changing
market. We worked within the organization, with Congress and with our
partners to implement changes that allowed the Postal Service to
achieve financial stability.
I join PHMSA at a similar pivotal juncture. The U.S. energy sector
is undergoing a rapid transformation. Technology and innovation have
brought energy independence and new products which improve our lives,
but may contain hazardous materials that need to be safely transported.
It is our responsibility to use our regulatory and enforcement
authority effectively to assure all Americans that, even as the
landscape changes, safety is a constant. These and other issues will
surely be discussed as this Committee and the Congress look to
reauthorize pipeline and hazmat safety programs this year.
Thanks to resources provided by Congress, PHMSA is growing by 25
percent to keep pace with economic growth. We need to stay ahead to
ensure that industry and our state partners are maintaining the highest
safety standards.
We need to examine our processes and structure so we can be
responsive and drive innovation that enhances our safety mission. In
doing so, we will be better positioned to leverage data, research and
development, and other predictive capabilities to manage risk. You have
my commitment that I will focus on the continual improvement of PHMSA's
safety record and enforcement regime. If confirmed, I will bring strong
leadership and vision to make PHMSA synonymous with safety, trust, and
innovation.
Thank you again for the opportunity to appear before you today. I
look forward to answering any questions.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Marie Therese Dominguez
Nickname: Toi
2. Position to which nominated: Administrator, Pipeline and
Hazardous Materials Safety Administration (PHMSA).
3. Date of Nomination: June 2, 2015.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 1200 New Jersey Ave, SE, Washington, DC 20590.
5. Date and Place of Birth: El Paso, Texas; December 29, 1965.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage). Not Applicable.
7. List all college and graduate degrees. Provide year and school
attended.
Smith College, B.A (1987)
Villanova University School of Law, J.D. (1992)
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Management-Level Positions
Deputy Administrator
Pipeline and Hazardous Materials Safety Administration (PHMSA)
(June 2015 to present)
Principal Deputy Assistant Secretary of the Army for Civil
Works
U.S. Department of Defense (USDOD), United States Army
(March 2000-January 2001; July 2013-June 2015)
Vice President for Government Relations and Public Policy
United States Postal Service (USPS)
(June 2007-June 2013)
Partner
FieldWorks, LLC
(June 2004-March 2007).
Co-Owner and Partner
Llamame, LLC
(June 2004-January 2008)
Director of Human Capital and Performance
Resource Consultants, Inc.
(December 2001-June 2004)
Consultant
MTD Consulting
(March 2001-December 2001; August 2006-July 2007)
Deputy Chief of Staff and Counsel
Federal Aviation Administration, U.S. Department of Transportation
(July 1998-March 2000)
Special Assistant to the President and Associate Director of
Presidential Personnel
The White House
(April 1997-July 1998)
Non-Management Positions
Special Assistant
National Transportation Safety Board
(May 1996-April 1997)
Intergovernmental Relations Officer
Office of the Secretary, U.S. Department of Transportation
(July 1993-August 1994)
Deputy Associate Director, Office of Presidential Personnel
The White House
(August 1994-May 1996)
Regulatory Policy Analyst and Project Administrator
Science Applications International Corporation (SAIC)
(August 1987-August 1989)
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years.
Department of Defense Representative, White House Initiative
on Educational Excellence for Hispanics (2013 to present)
Member, Arlington County Transit Advisory Commission (2004-
2008)
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
Board Member, Democracia USA (2010-2011)
Representative and Committee Volunteer, Smith Club of
Washington. Committees through the years included program,
admissions, and book award.) (1987-2009)
Co-Owner and Partner, Llamame, LLC (June 2004-January 2008)
Consultant, MTD Consulting (March 2001-December 2001; August
2006-July 2007)
Partner, Fieldworks, LLC (June 1994-March 2007)
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Member, Belizean Grove/Tara (2012-June 2015)*
Member, 116 Club (2006 to present)
Member, Maryland State Bar (1992 to present)
Member, Maryland State Bar Association (1992 to present)
Member, Smith Club of Washington (1987 to present)
*This is a professional organization in which membership is limited
to women.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt: No.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years. Also list all offices
you have held with, and services rendered to, a state or national
political party or election committee during the same period.
----------------------------------------------------------------------------------------------------------------
Date Amount
----------------------------------------------------------------------------------------------------------------
Richardson for President 01/08/2008 $500.00
Friends of Hillary 05/13/2007 $500.00
Hillary Clinton for President 03/21/2007 $1,000.00
Friends of Mark Warner 11/04/2008 $500.00
Rendered Services:
Field Consultant, Democratic Congressional Campaign Committee (2006)
Senior Advisor, Forward Together PAC (2006)
----------------------------------------------------------------------------------------------------------------
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Keynote Speaker, Annual LATINA Symposium, Latina Style
Magazine (2014; 2011)
Top 25 Executive, Hispanic Business Magazine's ``2010
Corporate Elite'' (2010)
Recipient, Postal Board of Governors Award (2009)
Recipient, Herman Mitchell Schwartz Award for the most
significant contribution to the achievement of equality of
opportunity and treatment of women in the legal community,
Villanova University Law School (1992)
Outstanding Honorary Law Student, National Association of
Women Lawyers (1992)
Recipient, Martin Luther King, Jr. Scholarship, Pennsylvania
Legal Services (1992)
Chair, Villanova University Law School Honor Board (1992)
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed: Not Applicable.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony: Not Applicable.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
Over the course of my 16 years in public service, I have held
positions of increasing responsibility in agencies focused on
logistics, transportation, and infrastructure, each with significant
operations, regulatory and oversight responsibilities. I have worked on
policy issues at safety-focused agencies to include the NTSB and the
FAA. I began my professional career at the U.S. Department of
Transportation, working with state and local leaders, and industry
groups on the implementation of the first Intermodal Surface
Transportation and Efficiency Act.
For the last decade, I have served as an executive and senior
leader at the United States Postal Service and the Department of
Defense, Army Civil Works. I know the public policy, administrative,
regulatory and legislative processes and how to effectuate positive
change in the public sector. I have worked effectively with
stakeholders to include Congress, the Executive Branch, industry, labor
and non-profits to develop legislative and policy solutions to
difficult problems.
As an executive, I have led organizations through significant
organizational change required as a result of various factors--from the
aftermath of 9/11 to the economic downturn. I have assessed, developed
policy and legislative solutions and implemented program and
operational changes for Federal agencies, including working to
restructure the Postal Service, to reorganizing family support services
for Army Guard and Reserve family programs, post-9/11.
Clear and effective communication and transparency with employees
and all partners is critical to success in achieving organizational
change. I am a proven leader, capable of effectively managing people
and financial resources to develop and implement solutions.
My career has been dedicated to public service. Americans count on
their government to keep them safe. If confirmed to serve as PHMSA
Administrator, I would bring my experience leading change to PHMSA and
develop and implement policy that will enhance safety in the
transportation of hazardous materials.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
If confirmed as Administrator, my responsibility would be to lead
PHMSA in carrying out its mission of protecting people and the
environment from the risks of hazardous materials transportation, while
providing accountability and transparency of Federal taxpayer
resources.
Over the course of my career, I have managed people and budgets for
various Federal agencies. In my position as Principal Deputy Assistant
Secretary of the Army for Civil Works, my responsibilities included
working with the Assistant Secretary to establish policy direction and
provide supervision for the Department of the Army Civil Works program.
Specifically, this included providing policy, budget ($5B annual
appropriation) and performance oversight of the 35,000 person U.S. Army
Corps of Engineer programs and budget.
As Vice President for Government Relations and Public Policy at the
United States Postal Service, I managed two large divisions, both
Government Relations (47 people) and Stamp Services components (147
people) and a budget of $80 million, generating over $500 million in
annual revenue.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
The primary challenge is to achieve the goals and mission of the
agency to safely transport hazardous materials, with no resulting harm.
This must be achieved by developing and implementing national policy,
setting and enforcing standards, educating all stakeholders, conducting
research to prevent incidents and preparing the public and first
responders to reduce consequences if an incident occurs.
In today's evolving transportation and energy landscape, with the
increased movement of crude by rail and pipeline, new and aging
infrastructure, and evolving technology--preventing and mitigating risk
are primary to PHMSA's goals and objectives. To address these issues
and advance the agency forward, the following challenges need to be
addressed:
Determine if the structure and functions of the agency are
organized to optimize all resources, improve efficiency,
enhance safety and drive innovation
Hire and train personnel that have been provided by
Congress
Improve data collection and analysis to better inform
risk management, decision-making and operations
Assess agency legal authorities in order to develop
enhanced enforcement Capabilities
Address legislative requirements and safety recommendations
Work to complete Congressional requirements mandated
in Pipeline Safety Act 2011 and MAP-21 to include
rulemakings
Engage with Congress and stakeholders to ensure
reauthorization of the Pipeline Safety Act and of hazardous
materials authorities through the surface transportation
bill
Address outstanding safety recommendations, including
those from NTSB, GAO, and the Office of the Inspector
General
Improve communication and transparency
Improve partnerships with state and local governments,
the industry and other key stakeholders to include the
Congress
Engage key communities in the development and
implementation of rules and policies
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts: None.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Agency Ethics Official to identify any potential conflicts
of interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with DOT's Designated Agency Ethics Official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Agency Ethics Official to identify any potential conflicts
of interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with DOT's Designated Agency Ethics Official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
5. Describe any activity during the past ten years in which you
have been engaged for the purpose of directly or indirectly influencing
the passage, defeat, or modification of any legislation or affecting
the administration and execution of law or public policy.
In my years with the U.S. Post Office, I managed the legislative
and public policy objectives of the organization before the Congress.
Significant policy matters at the time centered on legislation
concerning postal reform efforts.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Agency Ethics Official to identify any potential conflicts
of interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with DOT's Designated Agency Ethics Official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or
group;
b. Provide the date the citation, disciplinary action,
complaint, or personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain.
Not to my knowledge.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
Resume of Marie Therese Dominguez
Experience
U.S. Department of Transportation, Pipeline and Hazardous Materials
Safety Administration, Washington, DC
Deputy Administrator (06/22/15-present)
Execute PHMSA's mission to protect people and the
environment from the risks inherent in the transportation of
hazardous materials. PHMSA's responsibilities include the
development and enforcement of regulations for the safe,
reliable and environmentally sound operation of the Nation's
gas and liquid pipeline transportation system and the shipment
of hazardous materials by rail, highway, water and air.
U.S. Department of Defense, United States Army, The Pentagon,
Washington, DC
Principal Deputy Assistant Secretary of the Army for Civil Works (07/
13-06/15;
03/00-01/01)
Provided policy, management, budget and performance
oversight of the U.S. Army Corps of Engineers Civil Works
program ($5B annual appropriation) for water resources
infrastructure development in navigation, flood control,
hydroelectric power generation, municipal and industrial water
supply, outdoor recreation activities, fish and wildlife
habitat restoration and ecosystems management.
Provide direction on the Department of the Army's policies
related to the Corps regulatory programs.
Led policy initiatives on alternative financing for civil
works projects, streamlining infrastructure permitting, and
climate resilience.
United States Postal Service, Washington, DC
Vice President for Government Relations and Public Policy (06/07-06/13)
Managed the legislative and public policy objectives of the
United States Postal Service, a $67B organization, with 574,000
employees, processing and delivering 563M pieces of mail and
packages per day to homes and businesses throughout the world.
Direct report to the Postmaster General, the Deputy
Postmaster General and the Postal Board of Governors advising
on government relations, public policy and stamp services
issues.
Developed legislative proposals and implemented targeted
communications strategies around authorizing and appropriations
legislation in support of corporate strategic objectives.
Managed group of 47 legislative analysts and government
relation's liaisons as well as executive correspondence unit
handling over 12k letters per year from Members of Congress.
Served as primary liaison to the Executive branch
specifically, the White House, the Office of Management and
Budget, the National Economic Council and various cabinet
agencies.
Responsible for legislative liaison and outreach with all
Federal agencies, state and local governments; and postal
stakeholders including postal labor unions, industry and
consumer interests.
Managed Corporate Information and Archival programs
including the corporate Library and the Postal Historian's
offices.
Stamp Services
Provided executive leadership to Stamp Services, a key
business unit within the USPS generating over $500M in annual
revenue and comprised of 143 personnel responsible for subject
selection, art design, production, manufacturing/printing, and
fulfillment of all stamps and retail philatelic products
produced and sold by the Postal Service. Oversaw the postal
fulfillment center based in Kansas City, Missouri that services
usps.com and all Internet and philatelic purchase orders.
Managed cost reduction efforts--25 percent over three years,
resulting in cost savings of $20M.
Directed strategic effort to develop comprehensive P&L
statement quantifying all costs and expenditures for the stamp
program.
Fieldworks, LLC, Washington, DC
Partner (06/04-03/07)
Woman and Hispanic owned political consulting firm
specializing in grassroots organizing and customized field
strategies.
Served as field and turnout consultant for Democratic
Congressional Campaign Committee (DCCC) and the Democratic
National Committee (DNC).
Llamame, LLC, Washington, DC
Co-Owner and Partner (6/04-01/08)
Created, owned and operated a bilingual communications firm
specializing in culturally conscious phone, radio and Internet
messaging strategies directed to Latino audiences in both
Spanish and English.
Resource Consultants, Inc., Vienna, VA
Director of Human Capital and Performance (12/01-06/04)
Management consultant focused on organizational development
including business process re-engineering, workforce assessment
and transformation, strategic planning, training and diversity.
Lead multi-million dollar consulting projects for Federal
clients including the FBI, the Farm Credit Administration, the
U.S. Army Guard and Reserve and the U.S. Air Force.
First to analyze and develop baseline of family support
services for deployed military service members. Our assessment
led to the development of comprehensive recommendations for
enhancement of funding and expansion of family support services
for Army Guard and Reserve components, nationwide.
Lead organizational assessment of FBI immediately after 9/
11. Findings and analysis focused on organizational structure,
staffing and workforce capabilities to address changing mission
in post-9/11 environment.
Lead team of 8 MBA's, Ph.D.'s, subject matter experts and
support contractors.
MTD Consulting, Arlington, VA (3/01-12/01 and 8/06-7/07)
Developed political, legislative and field strategies for
government and non-profit organizations including:
Senior Advisor to Governor Mark Warner, Forward Together
PAC. Developed political strategies and organizing plans for
early Presidential primary states.
Puerto Rico Federal Affairs Administration (PRFAA): Provided
management and legislative counsel to the Governor of Puerto
Rico and her Washington, DC office (PRFAA) on appropriations,
transportation and policy issues. Developed the agency's
Strategic Plan.
U.S. Department of Transportation, Washington, DC
Deputy Chief of Staff and Counsel, Federal Aviation Administration, (7/
98-3/00)
Provided counsel to the FAA Administrator on matters
concerning aviation programs and policy development including
aviation certification issues, safety and security.
Represented the Administrator on several controversial
airport expansion projects involving environmental, safety and
capacity concerns.
Intergovernmental Relations Officer, Office of the Secretary, (7/93-8/
94)
Developed and implemented outreach efforts to State and
local governments, trade associations, industry and labor
groups for Administration and Secretarial legislative and
policy initiatives.
Organized community meetings throughout the U.S. and drafted
summary report entitled, ``U.S. Department of Transportation,
The Intermodal Surface Transportation and Efficiency Act
(ISTEA), Regional Round Table Report and Action Plan'' which
evaluated implementation of ISTEA and identified gaps and
additional needs in U.S. infrastructure investment in
preparation for the reauthorization of surface transportation
legislation.
The White House, Washington, DC
Special Assistant to the President and Associate Director of
Presidential Personnel, (4/97 7/98)
Managed the search, selection, vetting and Senate
confirmation of cabinet and sub-cabinet appointments.
Oversaw portfolio of seven cabinet agencies, eleven
independent agencies and 75 presidential boards and
commissions--over 2,500 positions in total.
Managed Latino outreach efforts within the Office of
Presidential Personnel including Members of the Congressional
Hispanic Caucus and various national Latino organizations on
the recruitment and retention of Hispanics for Federal service.
National Transportation Safety Board, Washington, DC
Special Assistant, (5/96-4/97)
Provided counsel to Chairman and Members of the Board.
Assisted on-scene at major transportation accidents with crisis
communications including press briefings, legal and security
issues and family assistance. On-scene at ValuJet accident in
the Florida Everglades and TWA 800 explosion in New York.
Reviewed and analyzed proposed safety recommendations,
reports and safety studies resulting from the NTSB's
investigation of major transportation accidents in all modes
including aviation, rail, transit, marine, gas and pipeline and
hazardous material.
The White House, Washington, DC
Deputy Associate Director, Office of Presidential Personnel, (8/94-5/
96)
Assisted in making recommendations to the President on
candidates for appointment to Senate confirmed positions,
Senior Executive Service and Presidential boards and
commissions.
Reviewed the statutory requirements for each position,
executed searches for potential candidates. Conducted outreach
to Members of Congress and relevant constituent groups.
Wrote decision memoranda for the President, press releases,
prepared nominations and assisted candidates through
confirmation.
Science Applications International Corporation (SAIC), McLean, VA
Regulatory Policy Analyst, Waste Regulations Department, (1988-1989)
Project Administrator, Environmental Policy and Implementation Group,
(1987-1988)
Provided program support and analysis for the Environmental
Protection Agency. Assisted in writing feasibility studies for
Superfund sites; developing medical waste regulatory standards;
and formulating management standards for recycled used oil.
Responsible for financial and contract reporting
requirements for several government contracts, the largest
contract valued at $83 million.
Education and Certifications
Villanova University School of Law, Villanova, PA--J.D., 1992
Smith College, Northampton, MA--B.A. in American Studies, 1987
Bar Admission--State of Maryland
Lean Six Sigma--Green Belt Certified
Security Clearance--FBI Top Secret
Awards
Postal Board of Governors Award, 2009 recipient
Hispanic Business Magazine, named one of the Top 25 Executives, ``2010
Corporate Elite''
Latina Style Magazine, Annual National LATINA Symposium, keynote
speaker 2011 and 2014
The Chairman. Thank you, Ms. Dominguez.
And I will get started with the questions and just ask a
very sort of general question at the beginning. You have been a
Deputy Administrator now at PHMSA for the past month. Can you
just identify those things that you see as some of the major
management challenges of the agency?
Ms. Dominguez. Good morning and thank you, Chairman Thune.
Based on my short time at PHMSA so far--and I have only
been there a few weeks--I can honestly say that one of the
first things that I would look to do is assess the organization
in terms of our organizational structure and make sure that we
are actually structured in a way that can lead to long-term
success.
I have also had the opportunity to understand the depth and
the incredible technical expertise of the workforce at PHMSA.
They bring a lot to the table, and they are incredibly
dedicated to our safety mission.
So I think we have the opportunity to not only examine our
internal processes, but also make improvements to the structure
of the organization so that we are really driving innovation
and becoming more predictive and able to use our data better in
a way that actually leverages our inherent capabilities in
rulemaking, regulatory oversight, and enforcement and truly
driving the safety mission.
The Chairman. And I mentioned earlier your resume reflects
substantial management experience both at the Army Corps of
Engineers, as well as at the U.S. Postal Service. But it does
not appear to include specific expertise regarding pipeline
safety and hazardous materials safety. So let me ask you what
you feel you bring to the job and how will you address concerns
about a possible lack of subject matter expertise, should you
be confirmed.
Ms. Dominguez. Thank you for that question, Chairman Thune.
I believe what I bring to the table is a depth of
experience in leading and managing people in very complex,
large organizations. Regardless of the topic, I have worked in
transportation, infrastructure and safety for a number of
years, and I have worked, again, in large, complex
organizations, including the FAA, and the FBI. When I was in
the private sector, I worked on an organizational assessment
for the FBI in a post-9/11 environment. I have also worked,
again, for the United States Postal Service and most recently
for the Army Corps of Engineers and oftentimes in periods of
great organizational change addressing issues that need to be
addressed to structure organizations for the long term. And I
believe that I bring my public policy expertise to the table in
looking at these issues and believe that, if confirmed, I will
be able to apply my skills and experiences in leading change at
PHMSA in a positive direction.
The Chairman. Since you became the Deputy Administrator of
PHMSA last month, a rupture occurred on a Plains All American
pipeline in Illinois resulting in an estimated 100 barrels of
oil being spilled. Shortly before you were nominated, a bigger
rupture occurred in California on a pipeline also owned by
Plains All American resulting in 2,400 barrels of crude oil
eventually being spilled into the Pacific Ocean.
What has been your level of engagement with respect to
these pipeline ruptures, and what updates can you provide to
the Committee regarding these accidents?
Ms. Dominguez. The Plains pipeline--the Santa Barbara
incident occurred before I came onboard at the agency, but I
can assure you that we have worked diligently with the company.
One of the things that we are looking to do is make sure that
we better understand what their safety processes are. One of
the areas of concern is response times moving forward if there
is an incident.
The agency's job is to make sure that all of the
regulations that we have in place are not only followed but
that we are able to have an appropriate response level. And
just last week, the CEO of Plains was in. We will be working
with them long-term to make sure that they are, indeed,
developing a culture of long-term safety management practices
for their agency and, again, as our investigation continues to
understand the root causes of both accidents in Santa Barbara
and in Illinois and work toward solutions that are systemic and
comprehensive.
The Chairman. The current pipeline safety authorization
expires September 30 of this year. Will the administration be
sending a draft reauthorization bill to Congress prior to that
deadline?
Ms. Dominguez. Chairman Thune, I agree with you that
reauthorization is--indeed, the deadline for the Pipeline Act,
in particular, is expiring at the end of September. We look
forward to assessing the needs of what PHMSA can do to best
structure ourselves for success moving forward with an eye
toward reauthorization. It will be one of my top priorities, if
confirmed, to actually, again, undertake that assessment and
make sure that we work diligently with the Congress, work with
you to understand what those potential needs may be and develop
a solid authorization proposal.
The Chairman. As you know, last week, the PHMSA Acting
Administrator, Stacy Cummings, testified before Congress that
more than a dozen requirements of the 2011 Pipeline Safety Act
remain unfinished 4 years later. What will you do in your role
as PHMSA Administrator to fulfill PHMSA's responsibilities
under the 2011 law, should you be confirmed? And is there a
plan for prioritizing the remaining incomplete regulations?
Ms. Dominguez. Chairman Thune, I appreciate the strong
commitment that you have made not only to making sure that the
existing mandates under the 2011 Act are committed to and
fulfilled. But you can be assured that I also am committed to
making sure that the mandates and the recommendations are also
completed.
At this point in time, we have completed approximately 26
of the 42 existing mandates. You have my commitment that moving
forward, we will do everything that we possibly can to make
sure that we not only complete the remaining mandates as
aggressively as possible but prioritize those mandates as well.
Two of the outstanding issues are a gas transmission rule, as
well as a liquid hazard transmission rule. I would like to
strive to get those completed before the end of this year, get
out a notice of proposed rulemaking. Not only will it address a
number of the existing mandates that are left in the 2011
Pipeline Act, but it will also address a number of GAO and NTSB
recommendations.
The Chairman. Thank you.
Senator Booker?
Senator Booker. Thank you, Chairman Thune.
First of all, I just want to say I have been here about 18
months, and that was one of the best opening statements I have
heard. And I really appreciated you talking about your parents
for a minute, and your father's incredible commitment to public
service is something that is worthy of reverence from all of
the Senate. And I know when he has the kind of level of public
service, it is not just him. It is an extraordinary wife who
supports him and empowers him to serve his country. So I am
grateful for that and thank you for mentioning that in your
opening statement.
Recent pipeline and rail incidents demonstrate the ongoing
risks posed by transporting gas and other hazardous materials
and the urgent need for continued oversight by PHMSA. For
example, a gas rupture in September 2010 in San Bruno,
California killed eight people and damaged over 100 homes. But
that is just one incident of, unfortunately, way too many that
we see when it comes to the transportation of hazardous
materials.
Additionally, recent increases in accidents involving
trains carrying crude oil highlight the need to address safety
risks posed by emerging use of rail infrastructure. Rail safety
is something that is very much on my mind as a United States
Senator especially because of the level with which it passes
through the state of New Jersey and other vital arteries around
this country.
And so I think that now that you have been there for a
little bit, I just want to ask, do you think that PHMSA has the
proper resources to vigorously oversee the safe transportation
of hazardous materials by pipeline, rail, and other modes?
Ms. Dominguez. Thank you for the question, Ranking Member
Booker.
I have to say that we are very grateful for the resources
that Congress has provided over the course of the last year.
Last December, Congress was generous and provided an additional
122 new positions to the agency. And I think managing that
investment, moving forward, is one of my top priorities.
Our mission is to really protect people and the environment
from the risks of hazardous material in transportation, and we
take that very seriously. And with the increase in the energy
production in this country, we need to make sure that not only
are we using the dollars that Congress has invested in us
wisely but also looking to see how we can efficiently structure
the organization to address not only current needs but future
needs so that as we look forward, we need to make sure that we
are structured for long-term success to address not only the
energy markets but everything that we have got on our plate.
Senator Booker. So as I learned in my role as Mayor and
dealing with crises in my city, one of the biggest challenges
always was coordinating with various levels of government. And
so you, obviously, have to coordinate with the Department of
Transportation's modal administrations on the oversight of
hazardous materials. What would you do to foster greater
coordination and seamless action in terms of prevention and
response?
Ms. Dominguez. Thank you for the question, Senator.
I think that it is inherent in everything that you do as a
leader to make sure that you are not only coordinating as best
you can internally amongst the organization--DOT has a great
leadership, we will continue to do that--but we also need to
coordinate with our state as well as local partners, emergency
responders, and we have great opportunity to do that. We also
need to coordinate with all of our stakeholders and make sure
that there is communication and transparency across the board.
We certainly have opportunity to do that, but I will continue
that and make sure that not only are resources provided to our
emergency responders and our level of state coordination is
thorough and robust, but that we are also coordinating
internally with our Federal partners and with Congress to
ensure communication and transparency.
Senator Booker. Ms. Dominguez, real quickly in the last
minute that I have. DOT recently issued new tank car standards,
but some of the recent crude-by-rail accidents have involved
spills from upgraded cars. Do you believe other actions are
needed to prevent or mitigate these accidents?
Ms. Dominguez. I agree that we need to make sure that the
tank cars that carry crude oil are, indeed, as robust--and
other hazardous liquids, are as robust as possible. And the
Administration has put forward--the Department put forward a
high hazard flammable train rule just this past May. Those
requirements include a very robust--it is a very comprehensive
set of actions--include a very robust approach to rail car
safety. So we would look to continue working along that path to
make sure that the schedule that is outlined for operational
controls, as well as tank car integrity, are pursued.
Senator Booker. Thank you very much.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Booker.
Senator Ayotte?
STATEMENT OF HON. KELLY AYOTTE,
U.S. SENATOR FROM NEW HAMPSHIRE
Senator Ayotte. Thank you, Chairman.
I want to thank you, Ms. Dominguez, for your service, and
this is obviously a very important position that you have been
nominated for.
As I understand it, FERC is charged with issuing permits
for the construction of natural gas pipelines. Is that right?
Ms. Dominguez. That is correct.
Senator Ayotte. However, according to FERC's own website,
it says the commission has no jurisdiction over pipeline safety
or security but actively works with other agencies with safety
and security responsibilities. I assume that includes PHMSA,
given the important responsibilities you have for overseeing
the safety of pipelines.
Ms. Dominguez. Yes, Senator.
Senator Ayotte. If FERC, by its own admission has no
jurisdiction over pipeline safety, how does PHMSA interact with
FERC to make sure that when there is a proposed pipeline, that
it is actually being sited in a way that protects people's
safety?
Ms. Dominguez. Thank you for the question, Senator Ayotte.
And I appreciated the opportunity to meet with you and
understand the concerns of the citizens of New Hampshire. You
shared your concerns about a siting of a pipeline that is under
consideration.
And in answer to your question, PHMSA works aggressively
with FERC. While FERC actually is responsible directly for the
permitting, that permitting process includes a very robust
public process. And PHMSA partners with FERC in public meetings
if there are questions about the safety and integrity moving
forward of a potential pipeline. We talk about our roles and
responsibilities and we look to partner with FERC as often as
we can. And we would be happy to follow up with you as there is
additional opportunity in public forums to communicate that.
Senator Ayotte. Excellent, because when you and I met, I
told you about a pipeline project being proposed by Kinder
Morgan that would potentially travel through New Hampshire. It
is called the Northeast Energy Direct Pipeline. Right now, the
project is in its pre-filing stage. I have heard a lot of
concerns from my constituents about pipeline safety in their
communities. In fact, recently in Merrimack, New Hampshire, the
Merrimack School Board voted unanimously to oppose any route
for the Kinder Morgan pipeline that comes within a thousand
feet of a district school building.
So as we talk about PHMSA's role in overseeing safety,
would you agree with me that pipeline routes also can impact
safety depending on, for example, whether they are near a
school, or a wetlands, and that it's an important
responsibility not just what FERC does but making sure FERC
takes safety into account when they are looking at a proposed
route for a pipeline?
Ms. Dominguez. Yes, Senator. I appreciate your commitment
to safety and making sure that things are sited, as well as
constructed, properly.
Again, our mission is to make sure that we protect people
and the environment from any risk of hazardous materials
transportation. So in working with FERC through the process of
actually siting a pipeline, we will bring our safety expertise
to bear as best we can in partnership with the agency.
Senator Ayotte. So one thing that as I look at the
process--will your role as PHMSA Administrator also include
being engaged in the pre-filing process to ensure that the
safest route possible is determined for the location of the
pipeline?
Ms. Dominguez. I appreciate what you are saying. I would
have to actually go back and understand the level of detail to
which we work with FERC in terms of the actual pre-application.
I do know that during the course of the pre-application
process, to the degree that there is public meetings and FERC
is doing due diligence, we do participate and share the safety
components of the actual construction of pipelines. So I would
be happy to get back with you and make sure that we provide you
with the accurate data.
Senator Ayotte. Well, this is really important to my
constituents, and I have been listening to what they had to say
to me about this and their concerns, and I want to make sure
they are addressed.
Would you commit to coming to New Hampshire, if confirmed,
to hear from citizens and stakeholders directly regarding the
safety concerns of this pipeline in coordination with FERC? And
would you commit to working with FERC and others to ensure the
safety of this pipeline?
Ms. Dominguez. Yes, Senator. I would be happy to do that. I
would be happy to work with you and your staff to visit New
Hampshire and talk to your citizens.
Senator Ayotte. Thank you. I appreciate that. Thank you
very much.
Ms. Dominguez. Thank you.
The Chairman. Thank you, Senator Ayotte.
Senator Fischer?
STATEMENT OF HON. DEB FISCHER,
U.S. SENATOR FROM NEBRASKA
Senator Fischer. Thank you, Mr. Chairman.
And thank you, Ms. Dominguez. It is so nice to see you. I
really appreciated you taking the time to come over when we
were having votes on the Senate floor so we could have a brief
meeting. I appreciate your background. I appreciate your
service and that of your family. Thank you very much.
With respect to natural gas storage facilities, in 2011
PHMSA requested feedback from industry stakeholders regarding
how PHMSA should properly regulate these types of facilities.
And at this time, you really have taken little action on the
stakeholder recommendations. So if confirmed by the Senate,
will you commit to moving forward with the industry
recommendations so that we can ensure greater safety for
communities along the pipeline storage routes? And what
specifically do you see in those recommendations that you would
be interested in possibly moving forward on?
Ms. Dominguez. Thank you, Senator Fischer. It was a
pleasure to meet with you the other day. I greatly appreciate
you taking the time and sharing your concerns.
With regard to priorities, one of the things that we are
working on, as I said, and what will be one of my priorities
moving forward, will be to makes sure that we publish,
hopefully by the end of this year, a notice of proposed
rulemaking on gas transmission pipelines. And to the degree
that that actually addresses some of your concerns, I would
like to make sure that I understand the full complexity of the
issues that you are raising, but I do believe that a good
portion of our proposed rulemaking will address some of those
concerns.
Senator Fischer. Have you had an opportunity to review
specific stakeholder recommendations yet from the industry, the
industry stakeholders, and do you have a personal opinion on
any of those?
Ms. Dominguez. Senator, I have not had a chance to review
the comments from stakeholders, but if confirmed, I will
absolutely work aggressively to do that and make sure that we
follow up appropriately.
Senator Fischer. Thank you.
And from what I understand, PHMSA has not completed its
hiring of pipeline personnel that was funded in 2015
appropriations. So if confirmed, do you plan to complete that
hiring of personnel? And what areas do you specifically believe
that more personnel is needed within the agency?
Ms. Dominguez. Thank you for the question, Senator Fischer.
Indeed, one of my top priorities will be to complete the
mandates under the 2011 Act, and that includes hiring of
personnel. The Congress has been incredibly generous in
providing additional resources for us to do that. We were able
to bring on board--we are working to bring on board 109
positions in our pipeline community alone, and 80 percent of
those will be in the inspection area. And at this point in
time, we have hired about 46 percent. We are striving right now
to make sure that we can complete that hiring as aggressively
as possible. We are looking to leverage every mechanism that we
have got available to us, whether it is social media, and
really aggressively recruiting inspectors.
As you can imagine, given the energy boom, we are going
head to head with private industry for the exact same type of
petroleum engineer, and what we are looking to do is diversify
what we are looking for. So we are also looking at
transportation experts, as well as auditors, other people that
can help us in this function area. So we are doing all we can
to make sure that we hire as aggressively as possible.
One interesting note is that I actually heard the other day
that some of the corporations are actually recruiting
sophomores in their undergraduate years to come on board. So
our competition is steep but we are aggressively pursuing it,
and we are going to do all we can to make sure we complete it.
Senator Fischer. I know Congress has increased the budget
for the inspector staff quite a bit since 2009. I am concerned
because NTSB says that accidents were a result of regulatory
enforcement failures. And so I would ask you is the problem
with the execution of the regulations, not so much what the
rules are or the resources that the agency has available to
them. Where do you see the root of the problem on this?
Ms. Dominguez. So the agency's fundamental goal is to make
sure that we have a zero death and injury accident rate. And we
have seen the numbers over the course of time decrease, but
there is still a lot that we need to do.
So one of the first things that I will look at, one of my
priorities, is actually to undertake an enforcement assessment
and make sure that we are doing all we can to not only
understand the levers that we have available, whether they are
civil penalties, corrective action orders, et cetera, but also
where can we find additional opportunities to make sure that we
have the most robust enforcement program in place. So I will be
looking to do that and look forward to working with you on
that.
Senator Fischer. You have good organizational skills and I
look forward to you putting them to positive use within this
agency. Thank you.
Ms. Dominguez. Thank you very much, Senator.
The Chairman. Thank you, Senator Fischer.
Senator Sullivan?
STATEMENT OF HON. DAN SULLIVAN,
U.S. SENATOR FROM ALASKA
Senator Sullivan. Thank you, Mr. Chairman.
And, Ms. Dominguez, I want to echo Senator Booker's
comments about your opening statement, the reference to your
parents. I think that was very well appreciated, and I think it
gives a deeper understanding for the Committee about your own
service. So I appreciate you wanting to do this job, and your
mom and dad and family backing you. I think that is very
important.
You know, as mentioned earlier on PHMSA--right--a lot of
people do not know. Actually in Alaska it is a fairly well
known agency simply because of the importance of the Trans-
Alaska Pipeline, what we call TAPS in Alaska. So have you ever
seen TAPS or been to Alaska. It is really quite an engineering
marvel that has transported, I believe, now close to 16 billion
barrels of oil. Have you seen the pipeline?
Ms. Dominguez. No, sir. I have not had the opportunity.
Senator Sullivan. Well, if you are confirmed, I would love
to get you up there soon because I think you can learn a lot by
seeing one of the most famous pipelines in America.
Ms. Dominguez. Thank you. I would be happy to join you.
Senator Sullivan. I wanted to relay a quick story because
it is an important one to kind of clarify some confusion in
Alaska. In 2011, the Trans-Alaska Pipeline System at Pump
Station 1 had a leaked. It was a self-contained leak within
Pump Station 1. But we shut down the pipeline. It was about 30
below 0 when this happened, so there were some concerns about
actually restarting it. There were some delays, and the delays
were principally caused by Federal agencies claiming
jurisdiction. In particular, the EPA came up to Alaska in force
and claimed that they had jurisdiction over TAPS, which
confused a lot of people. I had been the Attorney General and
recently was the Commissioner of Natural Resources at the time,
and I told the EPA we did not recognize their authority because
they did not have jurisdiction over the Trans-Alaska Pipeline
System.
I later was in Washington and a couple PHMSA officials came
up to me. They heard the story, and they thanked me for, quote,
standing up to defend their turf.
So can I just get from you directly because it is a really
important issue in Alaska--there was some confusion. I think it
was another example of classic EPA overreach claiming powers
that they do not have. What is the Federal agency that has
primary jurisdiction over the Trans-Alaska Pipeline System?
Ms. Dominguez. Senator Sullivan, thank you for sharing your
personal experience with the agency.
Indeed, PHMSA has jurisdiction over that area, but we
always look to collaborate with our partners.
Senator Sullivan. Of course. We all do. But it is important
to actually clarify who is in charge.
Ms. Dominguez. Yes.
Senator Sullivan. The EPA is not in charge of TAPS. You
guys are.
Ms. Dominguez. Yes, sir.
Senator Sullivan. So I am glad you clarified that for my
constituents.
You mentioned that the energy boom, the energy renaissance
is something that we should seize as a country. It is a great
opportunity. Do you have numbers as a percentage of volume of
crude oil being moved what is the safest way to move crude oil?
I am assuming it is via pipeline versus rail, but do you know
the answer to that question? And if you do not, could you get
us that?
Ms. Dominguez. I would be happy to get you--to look into
it. But I will tell you that our responsibility is to look at
all modes of transportation for any material that is moving----
Senator Sullivan. No, I know. But I mean, we debate rail.
We debate safety. The President vetoed the Keystone XL pipeline
despite 65 Senators being for that project.
By the way, do you think that was a wise move of the
President to veto that project?
[Pause.]
Senator Sullivan. You do not have to answer that question.
Ms. Dominguez. Thank you, sir.
Senator Sullivan. I thought I could ask it. But I will not
hold that against you, that you did not answer.
But in all seriousness, the issue of--as a volume of crude
oil--as a percentage of volume, what is the safest way to
actually move it. Pipeline versus rail cars? I am almost sure
it is pipelines, but if you guys can answer that question, that
would be very helpful.
Ms. Dominguez. Thank you, Senator.
The bottom line is that regardless of what mode of
transportation is used, our job is to----
Senator Sullivan. No, I know. But I mean, to help us with
our deliberations here, I think it is an important question.
Let me ask a final question. You know, delays can undermine
safety, and unfortunately, whether it is PHMSA pipeline audits
that can take up to 18 months, whether it is the notice of
probable violation letters that you guys send to operators,
sometimes these are delayed by 700 days after an inspection.
These are delays that can really undermine safety because we
want to know if there is a problem. We want to know what the
problem is very quickly. Again, I think PHMSA has an incredibly
important job, certainly in my state it does, but throughout
the country. But there are a lot of episodes of delays, audits,
these NOPV letters. And when you delay these, we do not have
the knowledge of what is happening well or what is happening
poorly, and then it can cause further challenges in terms of
safety.
Can you commit to this committee, if you are confirmed, to
use those 109 new personnel that we have authorized for you to
hire to make sure they are not only doing their job, but they
are doing it efficiently, meaning bringing down some of these
long delays and timelines that have happened in terms of
inspections and letters out to operators to let them know, hey,
there is a challenge? It should not take 700 days to let an
operator know that there is some kind of violation.
Ms. Dominguez. Senator, thank you very much for sharing
your concerns.
Indeed, as I stated before, one of my priorities will
actually be to assess our enforcement process and make sure
that we are working as efficiently as possible and using all of
the potential options that we have moving forward. And I will
commit to working with you to make sure that we do things
expeditiously.
Senator Sullivan. Great. Thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Sullivan.
And I would agree that between rail and pipeline, pipeline
has got to be safer, but, Ms. Dominguez, if you could furnish
the answer to that, that would be most helpful. We debate a lot
around here modes of transportation, and we just moved a rail
title, Senator Booker's, a lot of good work involved in getting
the rail provisions in the transportation bill that we are
going to consider on the floor, along with a safety title,
which is really critical. But I think as we evaluate as a
policy matter too how best to move a lot of these commodities
to the marketplace, I would certainly be interested to know, if
that information and data is available, what is the safest way
in which to transport many of these commodities.
Next up is Senator Blunt. Hold on. My apologies. I have
Senator Peters and then Senator Blunt. My apologies to the
Senator from Missouri and the Senator from Michigan. Senator
Peters?
STATEMENT OF HON. GARY PETERS,
U.S. SENATOR FROM MICHIGAN
Senator Peters. It is no problem. Thank you, Mr. Chairman.
And thank you, Senator Blunt, for noticing that. I appreciate
that.
Thank you, Ms. Dominguez, for being here today, and I
certainly appreciate the opportunity that we had yesterday to
spend some time talking about a variety of issues and
appreciate your willingness to serve. This is a big job ahead
of you but one that is absolutely critical.
And I want to pick up on the discussion that Senator
Sullivan mentioned and Chairman Thune mentioned as well about
pipeline safety versus the railroads. Certainly railroads are a
high-risk operation, but let us remember that pipelines can
also be an operation that is fraught with potential problems.
In fact, I think we know it better than most in the state
of Michigan because this coming Saturday on July 25, we will
recognize a very unfortunate 5-year anniversary of the worst
oil spill disaster on land in the United States. It was a spill
that was a 6-foot break in the pipeline near Marshall, Michigan
that resulted in a spill of about 1 million gallons of heavy
crude oil, heavy crude oil coming from Canada, which is heavy
oil, which means it sinks in water, which is even more
problematic. It spread for 35 miles along the Kalamazoo River
and tributaries. And I think the last count that I have seen,
it has racked up costs in excess of $1 billion to clean up this
oil pipeline disaster in Michigan.
And what was probably the most troubling aspect of the
disaster is that it took 17 hours before they actually shut off
the oil from this pipeline. The company itself did not know the
pipeline had ruptured. It was a utility worker for a different
company that happened to be driving by, is my understanding,
and saw the oil and called the company and said, I think you
got a problem here. And they did to the tune of about a million
gallons of oil spilling through the water in Michigan.
The independent investigations after the spill concluded
that weak Federal regulations were a part of that spill, had a
role in that. And in response, this committee played a major
role in the 2011 pipeline safety bill that included a number of
very important safety provisions in that legislation.
Unfortunately, as you have heard today, many of these rules
and regulations mandated by Congress and recommended by safety
experts have yet to be finalized by PHMSA and the Department of
Transportation. Simply unacceptable. We need to step that up
immediately. I know that some progress has been made, and I am
certainly hopeful that under your leadership you will be fully
committed to make sure that we do what has to be done in order
to protect our land and our environment.
But even with those kinds of moves, I am still particularly
concerned about future spills in the Great Lakes, and it is
because of what we saw firsthand in Michigan and the Kalamazoo
River. We are very concerned about potential pipeline breaks in
the Great Lakes. And we have a pipeline now that is a very old
pipeline that was sited before NEPA, before environmental
regulations were in place. It is 60 years old that cross the
Straits of Mackinac. And experts have all said that it would be
probably the worst possible place for a spill in the event of
an accident similar to what we had in Kalamazoo just 5 years
ago. In fact, it would create a plume that would likely stretch
for 85 miles into Lake Huron and Lake Michigan in my state.
And we have to remember that the Great Lakes contain 84
percent of North America's surface fresh water and about 21
percent of the world's supply of fresh water. And the Great
Lakes provide drinking water for 40 million people. It is
pretty clear that a pipeline break in the Great Lakes would be
absolutely catastrophic. And this pipeline was sited prior to,
as I mentioned, a lot of environmental regulations.
We have a number of experts who have said this 1950s
technology is outdated. The coatings have been proved deficient
in a variety of other pipelines around the country. We have
zebra mussels now that create some acid that also can work
against pipes. So bottom line, we have a lot of concerns.
I am running low on time. I am not going to have many
questions for you. But this is going to be a number one
priority for me and I hope my colleague as well, given the
impact that it would have on the entire country, not just the
Great Lakes region.
So I guess my initial question to you is given the fact
that this occurred before NEPA, what do you see the role?
Particularly when this pipeline has changed some of its
operations over many of those years, how can we get in there
and make sure that we are perhaps doing new cost-benefit
analysis as to whether or not this pipeline should even exist
anymore?
Ms. Dominguez. Thank you, Senator Peters. I really
appreciate you taking the time to meet with me yesterday. I
also have to say that I was incredibly struck by the fact that
you just shared yesterday but as well as today that the Great
Lakes provides fresh drinking water for over 40 million people.
And I commit to work with you not only to make sure that our
pipelines are as safe as they possibly can be but also look to
make sure that we are protecting people and the environment
moving forward and truly carrying out our mission. So I look
forward to, again, pursuing those efforts with you directly and
for the people of Michigan.
I do know that we are working on an exercise with Enbridge
Pipeline for emergency responders in September of this year,
look to work with the state and local governments as well to
make sure that people--if there is an accident, that we are
actually responding and mitigating that as much as we possibly
can. So, again, I look forward to working with you moving
forward.
Senator Peters. And if I may just briefly, Mr. Chairman.
And I appreciate the mitigation, but I will just let you know
we had a panel sitting where you were just a month or two ago
talking about the disaster in the Gulf. And what came out in
the panel was a lot of the ways that we deal with mitigating
oil disasters in salt water simply do not work in fresh water.
The bacteria that exists in salt water does not exist in fresh
water that helps eat some of the oil that is spilled. And some
of the techniques that we use also do not work apparently in
fresh water, some of the dispersants. So there is a lack of
knowledge of how we deal with fresh water oil disasters, which
was particularly troubling.
But then the other thing I want to remind you of, if you
have an oil disaster under the Straits of Mackinac in the
wintertime, it is all covered with ice. The last two seasons,
the Great Lakes unusually have been completely covered by ice.
So you can imagine a pipeline break underneath water with
currents in fresh water with thick ice. How do you clean that
up? It may not even be possible to clean up until it does
absolutely catastrophic damage to the environment and to the
drinking water supplies for people.
So this is an issue that I am going to be in your office
regularly. My staff will be there. We have got a PHMSA
reauthorization coming up. This, I hope, will be at the very
top of your agenda as a very fragile ecosystem and one that has
incredible potential to do damage not only for drinking water
but recreational uses as well as the commercial uses of the
Great Lakes. So I look forward to working with you.
Ms. Dominguez. Thank you, Senator Peters. And I am
committed to working with you to make sure that we address your
concerns. Thank you.
The Chairman. Thank you, Senator Peters.
Thank you. Senator Blunt.
STATEMENT OF HON. ROY BLUNT,
U.S. SENATOR FROM MISSOURI
Senator Blunt. Thank you. I thank the Chairman.
A number of good questions have been asked and answered. A
number of others for the record, I am sure, will be. But I had
one question that actually, particularly your comment on modes
of transportation and your jurisdiction on those modes of
transportation. I guess my question relates to that a little
bit.
There is clearly a lot of movement toward liquefied natural
gas for transportation fuel. PHMSA has the siting authority for
where the small-scale LNG facilities can be sited. I have heard
some concerns that in siting those facilities, that there is
not much consideration to how that fuel is going to be
transported, not much consideration, which may go to the
question of what is the best way to transport fuel which may
then become one of the things you want to look at as you look
at how to site these facilities.
But in those facilities, they are built as if I think they
were going to be transported in a pipeline but often not.
Barge, truck, train, other things. Maybe barge and truck would
be the two examples that I know of that come to mind.
So are you aware of that concern about siting these LNG
facilities and any comments you might have on whether how that
liquefied natural gas is going to be transported should be part
of the siting consideration.
Ms. Dominguez. Thank you, Senator Blunt. And I appreciate
the question and your concern with regard to liquid natural
gas. I do recognize that the United States is becoming not only
the world's largest--we are changing basically from an importer
to an exporter, and in doing so, we need to make sure that the
siting facilities for both small as well as large LNG
facilities are as robust as they can be and making sure that
they are complying with PHMSA regulations.
I do know initially that the agency is working on making
sure that we update our rulemaking and our regulations in this
area. I would be happy to work with you moving forward to make
sure that we are addressing the small facilities, as well as
the larger facilities, and that our packaging, meaning like
literally the requirements for siting, are addressed.
Senator Blunt. Yes. I think one of the things, Ms.
Dominguez, you are seeing here today is some substantial
interest by the Committee about how the fuel is transmitted and
whether that should be a consideration. At least in my view of
things like siting a small-scale facility, if there are two
alternatives and you actually do come up with a recommended and
safer way to transport and one of the alternative sites is near
that and one is not, it would seem to me that would be a
reasonable consideration.
I know in the Transportation appropriations bill for next
year--I believe in the bill the Committee passed at least,
since we have passed none of the appropriations bills on the
floor, but committee-passed bill would actually direct you to
do a study on this. But I think it is a significant issue. I
hope, as you assume the likely leadership you are going to
assume for the agency, that is something you will be thinking
about and paying attention to as the siting discussion and your
siting obligation goes forward.
Ms. Dominguez. I will, indeed, sir, and I look forward to
following up with you to continue this discussion but also to
make sure that we are looking into it appropriately. I do know,
again, that we are looking to make sure that our regulations
are addressing all of the emerging concerns.
One of the things that I can tell you that I am very
committed to is not only making sure that the agency is
addressing existing technologies and energy markets but being
more predictive and understanding where the trends are likely
to be in the future. And we need to do that through more robust
data analysis and R&D. So I think this issue gets at the heart
of that, and I look forward to working with you on it.
Senator Blunt. Thank you. It was great to have you here and
your parents with you today.
Ms. Dominguez. Thank you very much, sir.
The Chairman. Thank you, Senator Blunt.
Senator Cantwell?
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman.
Ms. Dominguez, congratulations on your nomination to the
Pipeline and Hazardous Materials Safety Administration spot as
Administrator.
You mentioned something that is very much on my mind and
many people's here and that is the notion of energy security
and how we switched from being an importer to creating a
domestic supply and the maximum amount of increase that we have
seen because of that on our transportation networks and our
systems.
Do you believe that crude oil volatility is an issue?
Ms. Dominguez. I believe certainly that we need to make
sure that we are doing all we can to understand the properties
of crude oil, especially crude oil coming out of the Bakken.
There are indeed volatility issues that are a significant
concern. I also believe that we are doing everything that we
possibly can to better study and understand what those
characteristics of that oil are, and moving forward, you have
my commitment that we will continue to not only work with you
but work to make sure that we are partnering with the
appropriate Federal agencies, in this case, the Department of
Energy, where we have an ongoing study with the Department of
Energy and Sandia Labs to examine the characteristics of the
crude oil coming out of the Bakken area and really, truly
understand what that volatility threshold is.
Senator Cantwell. So you support funding for that.
Ms. Dominguez. I believe that the Congress has provided us
funding to do that. We have undertaken the study already with
DOE, and we will look to make sure that we are using those
dollars wisely, and if we need to invest more, absolutely.
Senator Cantwell. OK, good. Well, that last part was
critical for me because I think that is where we are. You know
that DOE came up with a crude oil characteristics research
study, which was a compilation of science as it exists today on
the subject, which raised questions about the volatility. And
so they wanted to move forward on an actual large-scale
combustion testing and comprehensive program. The issue is not
that they do not want to do it. The issue is at the moment they
do not have the funding. So glad that you support that and that
is what we need to do to make sure that that volatility testing
gets done. And so I just want to make sure that as the
Administrator of the Pipeline and Hazardous Materials Safety
Administration that you support making sure that that gets
done.
Ms. Dominguez. Thank you, Senator. I believe that it is a
phased study, as I understand it. There are about six tasks
that are underway. We are pursuing one through four right now,
really looking at initially the sampling and characteristics of
the oil, and the remaining tasks that you are referring to
really do get to the larger-scale testing to understand the
actual characteristics and how all the factors would come
together and undertaking that study. We look to also partner
with industry to make sure that we are----
Senator Cantwell. But you want to make sure that happens.
Ms. Dominguez. Yes, ma'am.
Senator Cantwell. Five and six or whatever it is called.
Ms. Dominguez. Yes. I think that we need to make sure that
we are looking to make sure that we are doing everything we
possibly can to address the volatility issue.
Senator Cantwell. Well, I could not agree more. I think
that we are leaving our fire fighters at critical junctions at
these catastrophes, as we have seen explosions, without the
resources and the tools to even address the fires because we
have so much train traffic now, three trains a day that is
supposed to go as high as 15 trains a day and we have mayors
from places like Seattle who say they will not send fire
fighters into some of our train tunnels in Seattle if in fact
there is an explosion. They will not even send people in there.
That is how hazardous it is and how challenging. So I think
getting these answers is critical. So thank you for that.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Cantwell.
Senator Daines?
STATEMENT OF HON. STEVE DAINES,
U.S. SENATOR FROM MONTANA
Senator Daines. Thank you, Mr. Chairman.
Welcome. Good to see you again, Ms. Dominguez. And
congratulations on your nomination. It was good to have you
stop by the office and get to know one another and chat a bit
about the future of PHMSA.
As we discussed in our meeting, PHMSA plays a very
important role in Montana. It is a big state and it is vital to
ensure our safe and environmentally sound transport of our
natural resources, whether it is pipeline or also by rail.
The agency's jurisdiction covers approximately 2.6 million
miles of pipeline and railroads when transporting hazardous
materials. Approximately 19,000 miles of pipeline and another
nearly 3,200 miles of rail cross Montana. This infrastructure
is truly an economic bloodline for Montana. We produce nearly
30 million barrels of crude oil, 63 billion cubic feet of
natural gas, and 42 million short tons of coal annually and
export about 60 percent of that energy production.
In terms of the connection to jobs, the oil, gas, and
mining industries directly--directly--employ about 14,000
Montanans, and they account for about 8 percent of our state's
gross domestic product. And it is about a half a billion
dollars in state and local tax revenue.
So as we look at this very important job, it is imperative
to Montana that we continue to move these commodities in a safe
and efficient manner.
Very recently, Montana has experienced the consequences of
rail car derailments and pipeline failures. In fact, just last
Thursday, a train derailed near Culbertson. It released 35,000
gallons of crude oil. In January, a pipeline ruptured near
Glendive and released 30,000 gallons of crude into the
Yellowstone River. In 2011, a pipeline ruptured on that same
river, the Great Yellowstone, and it released 63,000 gallons of
crude oil there by Laurel, Montana. So I know Montanans want to
be assured that our pipelines are going to be safe and our rail
lines are going to be safe.
So as Administrator, how are you going to be able to regain
the public's confidence--because frankly, when we have had some
of these incidents, it shakes the confidence of the folks back
home--that our pipelines are safe, that it is a good way to get
our natural resources to market?
Ms. Dominguez. Thank you, Senator Daines. And I do
appreciate the opportunity to meet with you and very much
appreciate your concerns not only for the citizens of Montana,
but you also articulated your concerns about the natural
resources that were impacted not only by the oil incident in
January of this year on the Yellowstone River but also the most
recent rail car derailment just last week.
The bottom line is that I think we need to make sure that
everything that we do with regard to the integrity of pipelines
is as robust as it possibly can be. As you know, we have worked
very diligently with the state of Montana to make sure that we
are identifying the highest-risk areas, making sure that we are
able to address any concerns with regard to river crossings and
make sure that directionally drilled pipes are in place to
address any potential concerns with regard to flooding. Moving
forward, we have developed a report to Congress. We will look
to follow that up and address any concerns with regard to any
potential----
Senator Daines. Yes. I know the concerns on the aging
infrastructure.
Ms. Dominguez. Yes.
Senator Daines. Some of these pipelines are 50 years old or
greater. As you pointed out, they were dredged into the
Yellowstone versus directionally drilled. And we want to
continue to work to identify these higher-risk pipelines and
make sure that we have processes in place to prevent future
spills.
And speaking of the state, following these incidents, it
has been important for Montanans to locate information about
the pipelines in their communities. In fact, the Montana
legislature recently passed a bill to collect information on
pipelines that intersect rivers, given we have had these two
breaches on the Yellowstone in the last few years, and make
sure it is publicly available online so that a Montanan can go
online with transparency and see where these river crossings
occur with pipelines.
I will tell you I have heard from back home there has been
some frustration with the lack of response from PHMSA as the
state is asking for some greater transparency. What could you
do to help us ensure that Montanans have access to the
information? Again, these are the folks that live the closest
to the source of where these spills could occur.
Ms. Dominguez. Senator Daines, I think you raise a really
good issue. And one of the things that I would like to work
with you on moving forward is making sure that we have as much
information as is possible about where pipelines actually are
in any given community so that it is made available and is as
transparent to the public as possible.
There are some concerns about--we have an opportunity. We
have the National Pipeline Mapping System. We are working and
hope to do an information collection here, a notice in the next
couple of months that would further enhance our data with
regard to the exact siting of pipelines. We also have to
balance that with making sure that we are sharing information
appropriately to make sure that we are not doing anything that
would, indeed, threaten our national security interests as
well.
That said, we also have very robust programs. The 811
program, ``Call Before You Dig,'' is literally geared toward
citizens across the country, as well as contractors and
excavators, making sure that people have information. We
partner with Common Ground Alliance. I would like to continue
that robust partnership and make sure that there is awareness.
Excavation itself is one of the worst threats to the integrity
of a pipeline system, and working forward to not only provide
the information on where pipelines are but also enhance our
notification and information and share that more widely with
the public through the 811 process.
Senator Daines. Mr. Chairman, can I ask one more question?
I am out of time. Thank you.
I look forward to working to find that right balance
between protecting national security and transparency,
particularly for river crossings with pipelines, and working
with our State officials back home.
Ms. Dominguez. Thank you, Senator Daines.
You know, the information that we share that is more
critical is done through our protocols that we establish with
the Department of Homeland Security to make sure that the
people that need a deeper level of interest, including
emergency responders, have that information. And it is done in
a very secure manner, but they have it so that they can respond
appropriately and also know what is in the area.
Senator Daines. My last question is given the recent
accidents in Montana, I appreciate the transparency of PHMSA's
response. It has been good. However, PHMSA's rulemaking has
been quite opaque. So we are seeing transparency when there is
an accident, but it has been a bit opaque in the upstream
process which probably could be key to prevention. Certainly an
ounce of prevention could be worth a pound of cure.
As Administrator, how would you see increasing transparency
of that rulemaking process and include the coordination with
industry as well as State stakeholders?
Ms. Dominguez. Senator Daines, I agree with you that
communication and transparency are fundamental to the process
moving forward, whether it is rulemaking or communicating any
of our information that we have available to share.
My experience, having led a number of organizations, is
really making sure that as we move forward in any rulemaking
process, there is a healthy, robust opportunity for not only
stakeholders to provide comments in the rulemaking process but
that we are responsive, whether it is through reports to
Congress or other means, to sharing information along the way,
taking that transparent opportunity of comments through the
rulemaking process, working through them, addressing them,
working with our stakeholders and understanding where they are
coming from, and then truly writing the most robust rules that
we possibly can addressing concerns that are there, recognizing
that we have to do that in a cost-benefit manner.
Senator Daines. Thank you.
Ms. Dominguez. Thank you.
The Chairman. Thank you, Senator Daines.
I think that wraps things up. So, Ms. Dominguez, again
thank you for being here and responding to our questions and
for your willingness to put your name forward as a nominee for
what is a critically important safety position in the
administration. As you could hear today, lots of questions, a
lot of interest. And we will look forward, if confirmed, to
working with you to address many of those.
The hearing record will remain open for 2 weeks. During
this time, Senators are asked to submit any questions for the
record. Upon receipt, the witness is requested to submit her
answers to the Committee as soon as possible.
So with that, again, I want to thank you for appearing here
today and thank you so much for having your family join us and
for the long history that you and your family have of serving
our great country.
This hearing is adjourned.
[Whereupon, at 11:17 a.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. John Thune to
Marie Therese Dominguez
Question 1. Ms. Dominguez, pipeline and hazmat safety are PHMSA's
primary responsibilities. Should you be confirmed, how will the agency
consider other factors, including the environment, when establishing
rules and prioritizing agency resources under your leadership? While
other factors may impact your decision making, would you agree that
safety always needs to be the paramount consideration for PHMSA?
Answer. Safety is PHMSA's top priority. Our mission is to protect
people and the environment from the risks of hazardous materials
transportation. We achieve our mission by ensuring infrastructure is
built and operated safely.
Question 2. Ms. Dominguez, in your response to the Committee
questionnaire, you described a challenge facing PHMSA as ``assess[ing]
agency legal authorities in order to develop enhanced enforcement
capabilities.'' What enhanced enforcement capabilities do you have in
mind and want to develop, should you be confirmed?
Answer. PHMSA is a safety agency and our goal is to have zero
deaths or injuries. While PHMSA has seen a decrease in the number of
significant incidents over the last ten years, there is more work to
do. I am committed to using all tools at our disposal--including strong
regulations, rigorous safety inspections, outreach and education--to
improve safety. Enforcement authorities are a critical aspect of
preventing and deterring accidents. If confirmed, I will assess our
enforcement capabilities and determine how PHMSA can use them more
effectively.
Question 3. OMB delays in reviewing proposed PHMSA regulations give
OMB a share of the blame for missing deadlines under the 2011 Pipeline
Safety Act. Should you be confirmed as PHMSA administrator, what will
you do to make pipeline safety a higher priority within this
Administration?
Answer. During my 16 years of public service, I have worked
extensively through the administrative, regulatory and legislative
processes, and I have experience working with OMB and stakeholders. The
rulemaking process is methodical, inclusive and transparent. It enables
PHMSA to fully consider stakeholder input and to ensure that new
regulations stand up to cost-benefit scrutiny. I believe this process
results in meaningful rules that can be implemented. If confirmed to
serve as PHMSA Administrator, I will work within the Department, with
OMB and stakeholders to prioritize and complete the remaining mandates
and recommendations.
Question 4. Ms. Dominguez, the 2011 Pipeline Safety Act required a
report to Congress on expanding integrity management beyond populated
areas for natural gas transmission pipelines. This report appears to be
a year late in terms of being completed. When will this report be
submitted to Congress?
Answer. PHMSA continues to raise the bar on safety as part of our
integrity management program. PHMSA's Report to Congress regarding its
evaluation of expanding pipeline integrity management beyond High-
Consequence Areas and whether such expansion would mitigate the need
for gas pipeline class location requirements is currently under review,
and I will continue to work with the Department and OMB to complete it
by the end of the calendar year.
Question 5. Ms. Dominguez, Congress responded to requests last year
for more PHMSA funding by increasing PHMSA's pipeline safety budget by
23 percent in FY 2015. Should you be confirmed, how will you as PHMSA
Administrator ensure these funds yield tangible pipeline safety
improvements?
Answer. On behalf of the Department, I'd like to thank Congress for
its support in approving the 2015 increase in funding for PHMSA. Those
resources present PHMSA with the opportunity to grow our workforce by
approximately 25 percent. As we bring on new staff and encounter a
changing economy, I will assess the agency to ensure we're structured
for success and to use the resources you have given us effectively. Of
the 122 additional positions we are hiring for, 109 of those are in the
pipeline area. About 80 percent of the new pipeline positions will be
working in inspection and enforcement--the vast majority of them out in
the field. These new inspectors and enforcement personnel will allow us
to conduct additional inspections and training and improve enforcement
of our regulations and standards. I will ensure we leverage these
resources to mitigate risk, drive innovation and improve safety.
Question 6. Ms. Dominguez, PHMSA Acting Administrator Stacy
Cummings testified recently at a House hearing that the agency has so
far hired about half of the 100-plus new PHMSA employees expected under
the FY 2015 funding increase provided by Congress. Should you be
confirmed, what will you do as PHMSA Administrator to complete this
hiring, and what will you do to ensure that new staff is qualified,
trained, and on the job improving pipeline safety?
Answer. PHMSA is committed to using every available tool to hire
qualified staff more quickly. We are leveraging existing resources and
personnel to implement an agency-wide recruitment strategy aimed at
removing barriers and increasing accountability within our
organization. We are also investing in new media tools to identify
well-qualified candidates. We are working to reduce hiring times and
mitigate fierce industry competition for candidates with the necessary
qualifications, by prioritizing efficiency in our hiring and offering
incentives and other strategies to increase our hiring. We are also
targeting professional organizations and are looking to partner with
colleges and universities to create a pipeline of candidates interested
in public service. As we onboard these new hires, we are developing and
implementing a rigorous training program to ensure they are able to
maintain the highest level of safety.
Question 7. Ms. Dominguez, in your response to the Committee
questionnaire, you described a challenge facing PHMSA as ``improv[ing]
partnerships with state and local governments, the industry and other
key stakeholders.'' Do you support joint PHMSA and industry efforts to
improve pipeline inspection technology research and development?
Answer. If confirmed, my priority will be to drive innovation to
further our safety mission. PHMSA's grant programs, research and
development forums and outreach initiatives support the development of
new technologies and best practices that enhance safety. Thanks to
generous congressional support, PHMSA's nearly $45 million in
investments have contributed to 22 patent applications and 25 new
pipeline technologies entering the market. These tools can help detect
engineering defects, safety risks and possible incidents, and play a
contributing role in helping us reach zero deaths and incidents. If
confirmed, I will work to ensure that PHMSA continues to communicate
with all stakeholders to identify and address common safety challenges.
Question 8. Currently, PHMSA does not have regulations for natural
gas storage facilities. In 2011, PHMSA did seek to develop a regulatory
program for natural gas storage facilities, as part of an advanced
notice of proposed rulemaking. In the meantime, industry has developed
a set of safety standards for these facilities, which could be used by
PHMSA to jumpstart the creation of a Federal safety program. Will you
commit to getting a Federal oversight program for these facilities
initiated during your tenure?
Answer. PHMSA is working to improve our understanding of trends and
innovations in our economy and energy landscape. If confirmed, I will
continue PHMSA's work to develop regulations that provide certainty and
reflect new standards for the design, construction and operation of
natural gas storage facilities. I will coordinate with other Federal
agencies to address the safety and regulatory issues related to these
facilities.
Question 9. Do you use an official government e-mail account for
official business?
Answer. Yes.
Question 10. Do you use an alternate, alias, or other official
account (apart from your primary official account) for official
business?
Answer. No.
Question 10a. If so, is the Department's Chief FOIA Officer aware
of this practice?
Answer. Not Applicable.
Question 10b. Have you ever used a non-official e-mail account for
official business? If yes, please explain your purpose and
justification for this practice.
Answer. No.
Question 10c. Have you ever used a personal, non-official device to
send and/or receive text messages for official business? If yes, please
explain your purpose and justification for this practice.
Answer. No.
Question 10d. Have you ever used any internal instant messaging
system for official business? If so, are these messages properly
archived?
Answer. No. I have not used an internal instant messaging system
for official business.
Question 10e. Have you ever used any external instant messaging
system, such as Google Chat, for official business? If yes, please
explain your purpose and justification for this practice.
Answer. No.
Question 11. Are you aware of any other Department or
Administration officials who use or have used non-official e-mail
accounts and/or personal, non-official devices for official business?
Answer. I am not aware of Department or Administration officials
who use or have used non-official e-mail accounts for official
business, but DOT employees are permitted to access their DOT e-mail
accounts from personal devices through remote access solutions,
including Outlook Web Access and Virtual Desktop Infrastructure.
Activity is monitored/captured by the DOT system and is in line with
all cybersecurity guidelines.
Question 12. Are you aware of any unlawful or accidental removal,
alteration, or destruction of electronic Federal records in the
Department's custody or control, including e-mails? If so, has the
Department reported these incidents to NARA? Please provide details of
any such incidents, including the dates, number and type of records,
and custodians involved, as well as any reports, including dates, made
to NARA.
Answer. No. I am not aware of any unlawful or accidental removal,
alteration, or destruction of electronic Federal records, including e-
mails, in the Department's custody or control.
Question 13. Are you aware of any Department employee's use of a
private or independent e-mail server to conduct official business?
Answer. No.
Question 13a. If yes, who approved its use?
Answer. Not Applicable.
Question 13b. What was the rationale or justification for its use?
Answer. Not Applicable.
______
Response to Written Questions Submitted by Hon. Roy Blunt to
Marie Therese Dominguez
Question 1. PHMSA has established a 120-day internal time schedule
for the processing of special permits and approvals. Other
industrialized nations take three to four weeks. Will you commit to
streamlining this process?
Answer. It is my understanding that the special permits and
approvals process has been improved in recent years, and I am committed
to ensuring that all our processes achieve safety in an effective and
efficient manner. PHMSA is working to complete regulatory proposals
that will incorporate a large number of special permits into
regulations, expand the standard operating procedures in the
regulations, reduce redundant approval procedures, and streamline the
special permit process.
Question 2. One of the bottlenecks to the efficient processing of
explosives classification approvals is the re-examination of the
classification recommendations from PHMSA-approved labs of the
thousands of applications submitted annually. Currently, PHMSA has
approved five labs to perform this task. Has PHMSA considered
committing resources to oversee the operations of the five-approved
labs so that their classifications recommendations could be accepted
without reexamination?
Answer. As I look to assess the organization to determine
opportunities for efficiency, I am aware that PHMSA has, through
rulemaking, authorized Fireworks Certification Agencies (FCA) to act as
third-party laboratories to certify new consumer fireworks. As a
result, there are six FCAs that have helped improve PHMSA's efficiency
in processing firework applications. Moving forward, as we continue to
assess the organization and our processes, we will look for additional
efficiencies in this area.
______
Response to Written Questions Submitted by Hon. Dan Sullivan to
Marie Therese Dominguez
Question 1. The 2011 Pipeline Safety Act had 42 obligations for
PHMSA to complete. It's my understanding that there are 16 still
outstanding. If confirmed, you will be taking on these obligations.
What is the specific reasoning for this lack of completion? How much
time will you need to complete these remaining items?
Answer. To date, PHMSA, in coordination with the Department, has
completed 26 of the 42 mandates in the 2011 Pipeline Safety Act.
Completing all congressional mandates is critical to PHMSA's pipeline
safety program because it allows us to meaningfully strengthen our
oversight program. PHMSA is diligently pursuing closure of the
remaining mandates and has made significant progress.
In the past month alone, in coordination with the Department and
OMB, PHMSA issued two notices of proposed rulemaking on incident
notification requirements for pipeline operators and operator
qualifications, and the expansion of excess flow valve requirements.
Two of PHMSA's highest rulemaking priorities, the notices of proposed
rulemaking titled ``Safety of Gas Transmission Pipelines'' and ``Safety
of Hazardous Liquid Pipelines,'' address a number of the remaining
mandates and will be published by the end of the year.
PHMSA will address several mandates and actions through additional
rulemakings that are already in progress and reports to Congress that
are currently under review or edit. Report topics include integrity
management and class location, CO2 pipelines, and non-
petroleum hazardous liquid transportation. PHMSA will address the
remaining mandates and actions through future regulatory activities and
possible information collection activities, which will be advanced over
the course of the next 18 months.
A more complete status report, which includes the most recent
actions taken on each mandate, is available on PHMSA's homepage at
http://phmsa.dot.gov/pipeline/psa/phmsa-progress-tracker-chart.
Question 2. Please list the pending rules from PHMSA and the
expected completion date for each.
Answer.
------------------------------------------------------------------------
PHMSA Rulemakings Status (as of 8/3/2015)
------------------------------------------------------------------------
Hazardous Materials: Enhanced Tank Final rule announced by Secretary
Car Standards and Operational Foxx on 5/1/2015. Final rule
Controls for High-Hazard Flammable published in the Federal Register
Trains on 5/8/2015. Received five appeals
to date.
------------------------------------------------------------------------
Pipeline Safety: Enforcement of Final rule published July 23, 2015
State Excavation Damage Laws
------------------------------------------------------------------------
Hazardous Materials: Reverse Final Rule publication anticipated
Logistics in August 2015.
------------------------------------------------------------------------
Hazardous Materials: Miscellaneous Final Rule scheduled for
Amendments publication in November 2015.
------------------------------------------------------------------------
Hazardous Materials: Requirements Final rule publication anticipated
for the Safe Transportation of in August 2015.
Bulk Explosives
------------------------------------------------------------------------
Hazardous Materials: Special Permit Final Rule in formal concurrence;
SOP and Evaluation scheduled for publication in
September 2015.
------------------------------------------------------------------------
Hazardous Materials: Corrections Publication of Final Rule
Rulemaking tentatively scheduled for
September 2015.
------------------------------------------------------------------------
Hazardous Materials: Special Permit Final Rule scheduled for
Incorporation publication by October 2015.
------------------------------------------------------------------------
Pipeline Safety: Issues related to NPRM published May 21, 2015;
the Use of Plastic Pipe in Gas comment period ended 7/31/2015
Pipeline Industry
------------------------------------------------------------------------
Pipeline Safety: Excess Flow Valves NPRM published July 15, 2015;
In Applications Other Than Single- comment period ends September 14,
Family Residences in Gas 2015
Distribution Systems
------------------------------------------------------------------------
Pipeline Safety: Operator NPRM published July 10, 2015;
Qualification, Cost Recovery, comment period ends September 8,
Accident and Incident 2015
Notification, and Other Changes
(RRR)
------------------------------------------------------------------------
Pipeline Safety: Safety of On-Shore Under OMB review; expect to publish
Liquid Hazardous Pipelines NPRM by end of 2015
------------------------------------------------------------------------
Pipeline Safety: Gas Transmission Under OMB review; expect to publish
NPRM by end of 2015
------------------------------------------------------------------------
Hazardous Materials: ASME Code Supplemental NPRM (SNPRM) is
tentatively scheduled for August
2015. SNPRM is currently under
review.
------------------------------------------------------------------------
Hazardous Materials: Cylinder NPRM publication scheduled
Petitions September 2015.
------------------------------------------------------------------------
Hazardous Materials: Oil Spill NPRM under Agency review; expected
Planning and Information Sharing publication November 2015.
for High-Hazard Flammable Trains.
------------------------------------------------------------------------
Hazardous Materials: Wetlines Under Agency review; expected
publication November 2015.
------------------------------------------------------------------------
Hazardous Materials: Notification Publication of NPRM tentatively
of the Pilot in Command and scheduled for November 2015.
Response to Air related Petitions
for Rulemaking
------------------------------------------------------------------------
Hazardous Materials: Response to Publication of NPRM tentatively
Petitions for Rulemaking scheduled for November 2015.
------------------------------------------------------------------------
Hazardous Materials: Review and Drafting NPRM; expected publication
Update of Rail Carrier Regulations December 2015.
in Part 174
------------------------------------------------------------------------
Pipeline Safety: Amendments to NPRM in development; expected to
Parts 192 and 195 to require Valve publish Feb. 2016
installation and Minimum Rupture
Detection Standards
------------------------------------------------------------------------
Question 3. API recently released Recommended Practice 1173,
Pipeline Safety Management Systems. I understand PHMSA participated in
the development of this Recommended Practice. What is your view of the
role safety management systems have in pipeline operations and your
view of this guidance for the industry?
Answer. Safety is our priority, and Safety Management Systems (SMS)
promote a higher level of safety by encouraging operators to enhance
their safety cultures. Safety Management Systems have improved safety
performance in a variety of industries, including aviation, nuclear and
healthcare. I believe SMS can help drive necessary improvements to
pipeline safety in the U.S.
Question 4. It's my understanding that with respect to the
regulation of small-scale natural gas facilities, PHMSA is currently
using standards that are more than a decade old. These standards,
updated several time since 2001 by the same standard setting group
(National Fire Protection Association), are slowing the construction of
facilities designed to supply LNG as a fuel. Do you believe that PHMSA
should base its regulatory regime on the most up to date standards?
Answer. I believe that PHMSA's regulations must keep pace with
innovation, and, if confirmed, ensuring that the agency is predictive
and innovative will be a top priority for me. PHMSA is working to
develop regulations that provide certainty for the design, construction
and operation of LNG facilities and reduce the need for special
permits. To expedite the rulemaking process, PHMSA is focusing on
updating outdated codes and standards in current regulations.
______
Response to Written Questions Submitted by Hon. Steve Daines to
Marie Therese Dominguez
Question 1. As we previously discussed, Montana produces 63 billion
cubic feet of natural gas annually. Additionally, we have another 590
billion cubic feet of natural gas reserves. With natural gas as the
most widely used energy source to heat homes during cold Montana
winters, nearly 54 percent of households, it is important to streamline
its production.
I have heard that PHMSA has told businesses that special permits,
waivers, or equivalency determinations are needed to build small-scale
LNG facilities that seek to use the latest technologies for design,
construction, and operation. As the Administrator of PHMSA, what
initiatives will you lead to keep up with safety technology innovation
and advances, to reduce the need for special permits and decrease
regulatory uncertainty?
Answer. PHMSA is working to improve its understanding of trends and
innovations in our economy and energy landscape in order to improve
regulations for design, construction, and operation of LNG facilities
and reduce the need for special permits. If confirmed, I will work to
advance PHMSA's research efforts to be more predictive and position
PHMSA to drive innovation.
Question 2. The Energy Information Administration (EIA) recently
noted crude by rail delivered in the U.S. and from Canada to the U.S.
exceeded 1 million barrels per day in 2014. EIA also predicts U.S.
crude oil production will grow by another 1 million barrels per day by
2020. Unless we want to double the number of crude by rail cars
currently traveling across America to meet this new production
forecast, we need to build more pipelines. How will you as PHMSA
Administrator support the construction and safe operation of new crude
oil pipelines?
Answer. We have a renaissance in energy that has resulted in a
significant increase in new gas and liquid pipeline construction
projects over the last decade. PHMSA's pipeline safety regulations
require pipeline operators to evaluate newly constructed pipelines to
check for issues that could affect a pipe's overall ability to operate
safely prior to placing the pipeline in service. Although PHMSA does
not have a role in approving permits for pipelines, it does have safety
oversight for the design, construction and operation of approved
pipelines. If confirmed, I will make sure that PHMSA inspects and
monitors any newly approved pipeline throughout the construction and
testing phase, and into its operational life.
______
Response to Written Questions Submitted by Hon. Edward Markey to
Marie Therese Dominguez
Question 1. In the 2011 reauthorization of the Pipeline Safety Act,
Congress doubled the fines that could be levied against pipeline
operators who violate regulations to a maximum of $200,000 per incident
per day with a maximum for related violations of $2 million. However,
for large oil and gas and pipeline companies, these fines still amount
to nothing more than a slap on the wrist. For instance, for its 2013
spill of 5,000 barrels of tar sands crude in Arkansas, Exxon was fined
$2.7 million, in a year in which it made $32.6 billion in profits.
These penalties need to be real financial deterrents. Ms. Dominguez,
would you agree that the maximum fines PHMSA can levy against companies
who violate the law need to be at a level where they are sufficient
financial deterrents?
Answer. PHMSA currently has many tools available to improve safety
following a pipeline incident, including Corrective Action Orders,
civil penalties, and judicial actions. Corrective Action Orders can be
very costly to an operator--they can last weeks and even years, and
often compel the operator to make system-wide investments that improve
safety. PHMSA also actively supports Department of Justice and
Environmental Protection Agency investigations, which also may involve
significant sanctions and penalties.
For hazardous materials violations, the GROW AMERICA Act would
increase the maximum civil penalty amount from $75,000 to $250,000; or
for a violation that results in death, serious illness, or severe
injury to any person or substantial destruction of property, from
$175,000 to $500,000. (Section 6011). It also would give PHMSA
additional tools to stop unsafe conditions or practices that may cause
an emergency situation involving a threat to life, personal injury, or
harm to property or the environment.
If confirmed, I will assess our enforcement capabilities and
determine how PHMSA can use them more effectively.
Question 2. Ms. Dominguez, PHMSA has continued to refuse to provide
my staff with unredacted copies of the pipeline oil spill response
plans that ExxonMobil had submitted for its pipeline in Arkansas that
ruptured as well as for Plains Pipeline's Line 901 that recently
spilled oil in Santa Barbara. In fact, a more complete version of
Plains' spill response plan was even provided to news agencies by state
regulators while PHMSA continued to withhold it from Congress.
It is imperative that Congress has the ability to review these
documents so that we can conduct proper oversight of these programs. In
withholding these spill response plans, PHMSA has cited exemptions
under the Freedom of Information Act, which do not apply to Congress.
Will you commit to providing my staff with unredacted or more complete
versions of the oil spill response plans for ExxonMobil's Arkansas
spill and the recent Plains Pipeline Santa Barbara spill?
Answer. I am committed to ensuring PHMSA's transparency and
communication with all our partners and stakeholders, and with Congress
in particular. My understanding is that, consistent with U.S.
Department of Transportation policy, PHMSA will provide certain
unredacted documents upon a request of the chair of a congressional
committee or subcommittee with jurisdiction over that issue. I will
continue to work with the Department to ensure that PHMSA provides
information to our partners in Congress.
Question 3. Ms. Dominguez, aging, leaking natural gas distribution
pipelines cost consumers billions of dollars, contribute to global
warming and pose a threat to public health and the environment. In
fact, according to a report issued by my staff, over the last decade,
consumers have paid roughly $20 billion over the last decade for gas
that they may have never received. The Administration's Quadrennial
Energy Review called for addressing our Nation's old, leaking natural
gas pipeline infrastructure. Do you agree that this is an issue that we
should seek to address?
Answer. Safety is PHMSA's top priority. Our mission is to protect
people and the environment from the risks of hazardous materials
transportation. We achieve our mission by ensuring infrastructure is
built and operated safely. We also collaborate with our Federal
partners on initiatives in the energy sector, such as the Quadrennial
Energy Review, to further promote safety. If confirmed, I look forward
to working with you and with our State partners to continue to address
aging infrastructure and prevent pipeline failures.
______
Response to Written Questions Submitted by Hon. Joe Manchin to
Marie Therese Dominguez
Question 1. I am interested in the Pipeline and Hazardous Materials
Safety Administration's (PHMSA) role in the construction of small-scale
liquefied natural gas (LNG) facilities which play an increasingly
important role in creating a fueling network to meet growing market
demands. I understand that operators of these facilities have asked
PHMSA to update their regulations governing small liquefaction plants
to reflect technological advances that improve safety, but I still hear
reports of a one-size-fits-all regulatory regime that does not
accurately address the dramatic changes we have seen in this industry
over the past few years.
Do you believe the current standards for small-scale LNG facilities
are up-to-date and risk-based, and, if not, what would you do if
confirmed to address this issue?
Answer. I believe that PHMSA's regulations must keep pace with
innovation, and ensuring that the agency is predictive and innovative
will be a top priority for me. PHMSA's current regulations provide for
the safe design and operation of both small-scale and larger facilities
and apply to all LNG facilities that fall within PHMSA's jurisdiction.
PHMSA is working to update outdated codes and standards in current
regulations and to make revisions to provide certainty for the safe
design, construction and operation of LNG facilities.
Question 2. Can you describe how PHMSA interacts with state
governments when they share enforcement authority over critical
projects and facilities?
Answer. A key element of pipeline safety is the partnership we
enjoy with our state partners. As Federal regulators, we set the
minimum safety standards for all pipelines. In turn, we depend on state
public utility commissions, which we support through grants,
certification and training, to inspect and enforce these regulations
for about 80 percent of the pipeline mileage in the U.S. Although PHMSA
has granted some states the authority to inspect interstate pipelines,
PHMSA has sole authority to enforce its regulations against interstate
pipeline operators. States are often responsible both for inspections
and for enforcing minimum Federal safety standards for intrastate
pipelines. We greatly respect the role of the states in achieving
safety, but we also must ensure that each state is enforcing Federal
regulations. Congress has authorized PHMSA to set safety standards for
the Nation's entire pipeline system.
Question 3. Could PHMSA responsibly reduce overhead expenditures
and the overall cost to taxpayer by better leveraging existing
partnerships with state agencies?
Answer. As Administrator, I will assess PHMSA to ensure we are
structured for success and are using the resources granted to us by
Congress wisely and efficiently. In addition, I will work to strengthen
our relationships with all our stakeholders, including our state
partners, to enhance safety.
Question 4. West Virginia is at the center of natural gas
development in the United States, and the single most common refrain I
hear from the industry is the need for clear, straightforward safety
regulations. If confirmed, one of your first orders of business will be
to update and expand the ``integrity management'' rules that help
ensure finite resources are focused in the places near communities and
critical habitat that would be most impacted by a pipeline failure. I
think transparency and cost-benefit analyses are easy ways to regain
peoples' trust and give the industry the stability they need to make
investments.
How do you plan on moving forward with the new ``integrity
management'' rules, and when will the public be able to see this data?
Answer. PHMSA's Report to Congress evaluating expanding pipeline
integrity management beyond ``High Consequence Areas'' is currently
under review, and I will continue to work with the Department and OMB
to complete it by the end of this calendar year. We're working to
improve integrity management with two of PHMSA's highest rulemaking
priorities, the notices of proposed rulemaking titled ``Safety of Gas
Transmission Pipelines'' and ``Safety of Hazardous Liquid Pipelines,''
which will be published by the end of the year as well.
Question 5. Will you include a cost-benefit analysis in the updated
rules to ensure that this is a wise investment that improves safety?
Answer. Yes, as with all rules proposed by PHMSA, those on gas
transmission and hazardous liquid pipelines will include an analysis of
the costs and the benefits. The rulemaking process is methodical,
inclusive and transparent. It enables PHMSA to fully consider
stakeholder input and to ensure that new regulations stand up to cost-
benefit scrutiny. I believe this process results in meaningful,
implementable rules. As PHMSA Administrator, I will work within the
Department, with OMB and with stakeholders to complete rulemakings that
improve safety in a manner that accounts for the costs and the
benefits.
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