Third major oil spill prompts House pressure on GAO for Keystone Pipeline review

Published on November 20, 2019 by Chris Galford

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The Keystone Pipeline System has found itself under scrutiny once again, following its third major oil spill in three years, prompting House Democrats to request the U.S. Government Accountability Office (GAO) take action.

Specifically, Chairman of the House Committee on Transportation and Infrastructure Peter DeFazio (D-OR), Chairman of the House Committee on Energy and Commerce Frank Pallone, Jr. (D-NJ), Chairman of the Subcommittee on Railroads, Pipelines, and Hazardous Materials Dan Lipinski (D-IL), and Chairman of the Subcommittee on Energy Bobby L. Rush (D-IL) jointly requested that GAO conduct a review of both the operator of the Keystone Pipeline and the federal agency overseeing it — the Pipelines and Hazardous Materials Safety Administration (PHMSA).

“We request that the Government Accountability Office (GAO) conduct a thorough review that examines the compliance of TC Energy with all special permitting conditions and enforcement action requirements,” the legislators wrote. “GAO should also assess whether PHMSA has exercised proper enforcement of the conditions and requirements necessary to protect the public from these repetitive accidents and to ensure the pipeline is operating in compliance with federal standards, regulations, and appropriate safety mechanisms.”

The latest spill dumped an estimated 383,040 gallons of crude oil in Edinburg, N.D., last month. It also affected a nearby water culvert, wetland, and potentially local groundwater. The Edinburg spill follows massive leaks near Freeman and Amherst, S.D., respectively, as well as numerous smaller spills since the pipeline’s opening in 2010.

According to a statement released by the House Committee on Energy & Commerce, the spills have released approximately 609,840 gallons, endangering and possibly irreversibly damaging surrounding wetlands and groundwater resources.

“The public has a legitimate expectation that the Keystone Pipeline System managed by TC Energy operate safely and without repeated incidents that damage the environment and threaten the public’s health and security,” the legislators wrote. “Yet we are faced with the third occurrence of a significant pipeline leak that has devastating impacts to both the environment and nearby communities. The frequency and severity of these incidents on the Keystone Pipeline System raises serious questions about both the integrity management program of TC Energy and whether adequate oversight and operating conditions have been put in place by PHMSA to ensure the safe operation of this high-pressure system.”

The representatives noted the most pressing concern is that despite the number of incidents, TC Energy is still scheduled to pursue the additional build-out of the Keystone XL Pipeline.