CRS INSIGHT
Pipeline Security: Domestic Threats
November 3, 2016 (IN10603)
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Related Author
Paul W. Parfomak
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Paul W. Parfomak, Specialist in Energy and Infrastructure Policy (pparfomak@crs.loc.gov, 7-0030)
Recent Acts of Domestic Pipeline Sabotage
Recent acts of sabotage against U.S.
oil pipelines by environmental activistspipelines have raised concern about the security of
the nation's energy
pipelinespipeline system and the federal program to protect them. On
October 11, 2016, a coordinated group of
domestic environmentalists disrupted the operations of five pipelines in four states transporting crude oil from Canada
to the United States. The activists entered remote locked enclosures and cut security chains in order to access manual
shutoff valves, seeking to stop the flow of oil on these pipelines. Four different operators were affected: Enbridge (Lines
4 and 67), Kinder Morgan (TransMountain), Spectra Energy (Express), and TransCanada (Keystone). The combined
capacity of the pipelines was reportedly 2.8 million barrels per day, equivalent to approximately 15% of daily U.S.
consumption. The operators temporarily shut down four of the pipelines (one was not in service) for precautionary
reasonsMarch 20, 2017, the developer of the Dakota Access Pipeline alleged in a court filing that it had experienced "recent coordinated physical attacks along the pipeline." On February 26, 2017, law officers fatally shot a man who reportedly had used an assault rifle to attack the Sabal Trail Pipeline, a natural gas pipeline under construction in Florida. On October 11, 2016, a coordinated group of domestic environmentalists caused the shutdown of five pipelines in four states transporting crude oil from Canada to the United States. The activists entered locked enclosures to access manual valves, seeking to stop the flow of oil on these pipelines. According to a press release
, the activists, the activist group acted in support of Native American opposition to the Dakota
Access Pipeline and to encourage an "extraordinary shift away from fossil fuels" to avert a "climate catastrophe."
Prior to the October disruptions there had not been a successful physical attack on U.S. oil or natural gas pipelines over
the last 15 years. However, in 2011 and 2012,
there were two separate attempts to bomb U.S. natural gas pipelines in
Oklahoma
and Texas wereOklahoma and Texas which were unsuccessful. Natural gas pipelines in British Columbia, Canada, were bombed six times between
October 2008 and July 2009
by unknown perpetrators in acts classified by Canadian authorities as environmentally
motivated. A 2014 threat assessment by the Royal Canadian Mounted Police concluded that "petroleum companies are
being ... increasingly threatened by violent extremists" with a climate change agenda and that "the most likely targets
include ... pipelines."
The Federal Pipeline Security Program
The federal program for pipeline security is administered by the Transportation Security Administration (TSA) within
the Department of Homeland Security (DHS). The Aviation and Transportation Security Act of 2001 (P.L. 107-71
), ),
which established TSA, authorized the agency "to issue, rescind, and revise such regulations as are necessary" to carry
out its functions (§101). The Implementing Recommendations of the 9/11 Commission Act of 2007 (P.L. 110-53
)
) directs TSA to promulgate pipeline security regulations and carry out necessary inspection and enforcement if the
agency determines that regulations are appropriate (§1557(d)). Thus, TSA has regulatory authority for the security of
natural gas and hazardous liquid (e.g., oil, carbon dioxide) pipelines throughout the United States. In fulfilling these
responsibilities, TSA cooperates with the Department of Transportation (DOT)—the federal regulator of pipeline safety
—under
the terms of a 2004 memorandum of understanding (MOU) and a 2006
annex to facilitate collaboration in the
area of transportation securityannex to facilitate security collaboration. TSA's pipeline program is administered by approximately 12 employees within its
Surface Transportation Division.
Surface Division.
Although the TSA has regulatory authority for pipeline security under P.L. 107-71 and P.L. 110-53, its activities to date
have relied upon voluntary industry compliance with the agency's security guidance and best practice recommendations.
TSA has administered a multifaceted program to facilitate these efforts.
In 2003, TSA initiated its ongoing Corporate
Security Review (CSR) program, wherein the agency visits the largest pipeline operators to review their security plans
,
, inspect their facilities, and provide recommendations
. . TSA has completed over 140 CSRs
to date, including six in
FY2015. . In 2008, the TSA initiated its Critical Facility Inspection Program (CFI), under which the agency
has
has conducted in-depth inspections of all the critical facilities of the 125 largest pipeline systems in the United States. TSA
concluded the initial round of CFI inspections in 2011, having completed a total of 347 site
visitsvisits. Over the last decade,
TSA has also engaged in pipeline security initiatives such as developing training resources, facilitating security drills,
and participating in Sector Coordinating Councils and Joint Sector Committees, among other activities
. . TSA states that
it has had "great success" with its voluntary guidelines, emphasizing their collaborative nature and
theirtheir flexibility to
respond to evolving threats.
U.S. Pipeline Threat Assessment
In a 2011
pipelinepipeline threat assessment, TSA stated that, while foreign groups like Al Qaeda have expressed interest in
attacking U.S. pipelines, "violent domestic extremists, homegrown terrorists, and lone offenders likely also pose threats
to pipeline networks." According to the assessment, domestic extremists "include, animal and environmental activists,
disgruntled employees, and lone individuals... often focused on single issues." The assessment concluded, however,
"with high confidence that the terrorist threat to the U.S. pipeline industry is low." In a 2016 Federal Register notice
,
, TSA stated that it expects pipeline companies will report approximately 30 "security incidents" annually—both physical
and cyber. A threat assessment has not been publicly released since 2011, but in October 2016 TSA stated to CRS that
"as of this time, TSA has not determined that the terror threat to pipelines in the Homeland has increased."
Issues for Congress
In recent congressional oversight of TSA's pipeline security program, three issues have come under scrutiny: the use of
Issues for Congress
In the 114th Congress, three pipeline security issues came under particular scrutiny: TSA's use of voluntary standards, the agency's pipeline threat assessments, and the resources devoted to TSA's pipeline division.
Although TSA believes a voluntary approach to U.S. pipeline security is most effective, in 2010, the National Energy
Board of Canada mandated security regulations for jurisdictional Canadian petroleum and natural gas pipelines
,
including the Canadian segments of the same five cross-border pipelines recently disrupted by the U.S. activists. Some
. Canada's decision to regulate security raises questions as to the relative merits of a voluntary versus regulatory approach. Some policymakers also have questioned whether the TSA devotes enough funding to pipeline security relative to other
surface transportation modes. Concerns about the quality and specificity of federal threat information have long been an
issue across
all critical infrastructure sectors, including pipelines. A September 2016 report by the DHS Inspector
General General suggests that the latter two issues are closely linked, concluding that "TSA lacks an intelligence driven,
riskbasedrisk-based security strategy that informs security and resource decisions across all transportation modes
," including
pipelines. ." In light of the recent
activist disruptionssecurity incidents, Congress may reexamine the adequacy of the federal pipeline
security program and how the TSA and private industry work together to secure the
Nationnation's energy pipeline systems.