National Academies Press: OpenBook

Designing Safety Regulations for High-Hazard Industries (2018)

Chapter: Study Committee Biographical Information

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Suggested Citation:"Study Committee Biographical Information." National Academies of Sciences, Engineering, and Medicine. 2018. Designing Safety Regulations for High-Hazard Industries. Washington, DC: The National Academies Press. doi: 10.17226/24907.
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Suggested Citation:"Study Committee Biographical Information." National Academies of Sciences, Engineering, and Medicine. 2018. Designing Safety Regulations for High-Hazard Industries. Washington, DC: The National Academies Press. doi: 10.17226/24907.
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Page 145
Suggested Citation:"Study Committee Biographical Information." National Academies of Sciences, Engineering, and Medicine. 2018. Designing Safety Regulations for High-Hazard Industries. Washington, DC: The National Academies Press. doi: 10.17226/24907.
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Page 146
Suggested Citation:"Study Committee Biographical Information." National Academies of Sciences, Engineering, and Medicine. 2018. Designing Safety Regulations for High-Hazard Industries. Washington, DC: The National Academies Press. doi: 10.17226/24907.
×
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Page 147
Suggested Citation:"Study Committee Biographical Information." National Academies of Sciences, Engineering, and Medicine. 2018. Designing Safety Regulations for High-Hazard Industries. Washington, DC: The National Academies Press. doi: 10.17226/24907.
×
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Page 148
Suggested Citation:"Study Committee Biographical Information." National Academies of Sciences, Engineering, and Medicine. 2018. Designing Safety Regulations for High-Hazard Industries. Washington, DC: The National Academies Press. doi: 10.17226/24907.
×
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Page 149
Suggested Citation:"Study Committee Biographical Information." National Academies of Sciences, Engineering, and Medicine. 2018. Designing Safety Regulations for High-Hazard Industries. Washington, DC: The National Academies Press. doi: 10.17226/24907.
×
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Page 150
Suggested Citation:"Study Committee Biographical Information." National Academies of Sciences, Engineering, and Medicine. 2018. Designing Safety Regulations for High-Hazard Industries. Washington, DC: The National Academies Press. doi: 10.17226/24907.
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Study Committee Biographical Information Detlof von Winterfeldt, Chair, is the J.A. Tiberti Chair in Ethics and Deci- sion Making and Professor of Industrial and Systems Engineering at the Vit- erbi School of Engineering and Professor of Public Policy and Management at the Price School of Public Policy at the University of Southern California (USC). He took a leave of absence from USC to serve as the Director of the International Institute for Applied Systems Analysis (IIASA) in Laxen- burg, Austria. Concurrently with his term at IIASA, he was a Centennial Professor of Management Science at the London School of Economics and Political Science. His research interests are the foundation and practice of decision and risk analysis as applied to technology development, environ- mental risks, natural hazards, and terrorism. He has served on numerous National Academies of Sciences, Engineering, and Medicine committees, including the Committee on Decision Making Under Uncertainty, the Com- mittee on Transportation of Radioactive Waste, and the Board on Math- ematical Sciences and Their Applications. He is a Fellow of the Institute for Operations Research and the Management Sciences (INFORMS) and of the Society for Risk Analysis. In 2000 he received the Ramsey Medal for distinguished contributions to decision analysis from the Decision Analy- sis Society of INFORMS. In 2009 he received the Gold Medal from the International Society for Multicriteria Decision Making for advancing the field, and in 2012 he received the distinguished achievement award of the Society for Risk Analysis. He earned his bachelor’s and master’s degrees in psychology from the University of Hamburg and a PhD in mathematical psychology from the University of Michigan. 143

144 DESIGNING SAFETY REGULATIONS FOR HIGH-HAZARD INDUSTRIES Kenneth E. Arnold (NAE), is the Senior Technical Advisor for WorleyPar- sons and President of K. Arnold Consulting, Inc. He has more than 45 years of experience in projects, facilities, and construction related to upstream oil and gas development. He spent 16 years at Shell in engineering research management before forming Paragon Engineering Services, a project man- agement and offshore engineering company, in 1980. Paragon was sold to AMEC in 2005. Mr. Arnold is the author, co-author, or editor of several textbooks and numerous technical articles on the design and project man- agement of production facilities. He taught production facility design at the University of Houston and has been active in the Society of Petroleum Engineers (SPE) and other technical societies. He was named Houston’s 2003 Engineer of the Year by the Texas Society of Professional Engineers and is the recipient of the SPE Public Service Award and the DeGolyer Distinguished Service Medal. He was elected to the National Academy of Engineering in 2005, cited for work in process safety management for offshore oil and gas production facilities. He served on two Marine Board committees, including the 1990 Committee on Alternatives for Offshore Inspection, and was a member of the Marine Board for 6 years. He chaired the Transportation Research Board (TRB) Committee on the Effectiveness of Safety and Environmental Management Systems for Outer Continental Shelf Oil and Gas Operations and is a member of the Gulf Research Pro- gram Research Advisory Committee. He earned a bachelor’s degree in civil engineering from Cornell University and a master’s degree in civil engineer- ing from Tulane University. Cary Coglianese is the Edward B. Shils Professor of Law and Professor of Political Science at the University of Pennsylvania, where he serves as the di- rector of the Penn Program on Regulation and has served as the law school’s Deputy Dean for Academic Affairs. He specializes in the study of regulation and regulatory processes, with an emphasis on the empirical evaluation of alternative regulatory strategies and the role of public participation, negotia- tion, and business–government relations in policy making. His books include Achieving Regulatory Excellence; Does Regulation Kill Jobs?; Regulatory Breakdown: The Crisis of Confidence in U.S. Regulation; Import Safety: Regulatory Governance in the Global Economy; and Regulation and Regula- tory Processes. Before joining the faculty of the University of Pennsylvania, he was on the faculty of Harvard University’s John F. Kennedy School of Gov- ernment for 13 years, where he was, among other things, a co-author of the report Performance-Based Regulation: Prospects and Limitations in Health, Safety and Environmental Protection. He also has taught as a visiting law professor at Stanford and Vanderbilt, founded the Law and Society Associa- tion’s international collaborative research network on regulatory governance, and served as a founding editor of the journal Regulation and Governance.

STUDY COMMITTEE BIOGRAPHICAL INFORMATION 145 He is a public member of the Administrative Conference of the United States and chair of its rulemaking committee. He is a co-chair of the American Bar Association (ABA) administrative law section committee on e-government and a past co-chair of its committee on rulemaking. He has led a National Science Foundation initiative on e-rulemaking, served on ABA’s task force on improving regulations.gov, and chaired a task force on transparency and public participation in the regulatory process. He earned an AB degree from the College of Idaho and an MPP, a JD, and a PhD in political science from the University of Michigan. Louis Anthony Cox, Jr. (NAE), is President of Cox Associates, an applied research company specializing in quantitative health risk assessment, causal modeling, probabilistic and statistical risk analysis, data mining, and opera- tions research. Since 1986, Cox Associates mathematicians and scientists have developed and applied computer simulation and biomathematical models, statistical and epidemiological risk analyses, causal data mining techniques, and operations research and artificial intelligence risk models to improve health, business, and engineering risk analysis and decision mak- ing. He is on the faculties of the Center for Computational Mathematics and the Center for Computational Biology at the University of Colorado Denver and is Clinical Professor of Biostatistics and Informatics at the University of Colorado Health Sciences Center, where he has focused on uncertainty analysis and causation in epidemiological studies. Dr. Cox was elected to the National Academy of Engineering in 2012, cited for his ap- plication of operations research and risk analysis to significant national problems. He has served on numerous National Academies committees. He is a member of the Board on Mathematical Sciences and Their Applications and of the Industrial, Manufacturing, and Operational Systems Engineer- ing Peer Committee. He was a member of the Committee on Options for Implementing the Best Available and Safest Technologies for Offshore Oil and Gas Operations. He earned a bachelor’s degree from Harvard Univer- sity and a master’s degree in operations research and a PhD in risk analysis from the Massachusetts Institute of Technology (MIT). Robin L. Dillon-Merrill is a Professor and the area head for the Opera- tions and Information Management Group in the McDonough School of Business at Georgetown University. Her research focuses on explaining how and why people make certain decisions under conditions of uncer- tainty and risk. Her work examines the critical decisions that people have made after near-miss events in situations with severe outcomes, including hurricane evacuation, terrorism, cybersecurity, and National Aeronau- tics and Space Administration (NASA) mission management. She has received research funding from the National Science Foundation, NASA,

146 DESIGNING SAFETY REGULATIONS FOR HIGH-HAZARD INDUSTRIES the Department of Defense, and the Department of Homeland Security. She began her academic career on the faculty of the Pamplin College of Business, Virginia Tech. She was previously a systems engineer for the Fluor Daniel Corporation. She has served on several National Academies committees, including the Committee on Risk-Based Approaches to Se- curing the DOE Nuclear Weapons Complex and the Committee on New Orleans Regional Hurricane Protection Projects. She earned BS and MS degrees from the University of Virginia and a PhD in systems engineering from Stanford University. Lois N. Epstein is the Arctic Program Director for the Wilderness Society. She is responsible for programs to protect Arctic ecosystems by ensuring that oil and gas operations are safe and environmentally sound and located in nonsensitive areas. She advocates for oil and gas regulations that are effective in ensuring safety and protecting the environment by testifying before Congress and other governmental bodies, engaging in onshore and offshore regulatory development and planning processes, and serving as a technical advisor to Native and non-Native members of the public. Before joining the Wilderness Society, she was a private consultant on environ- mental policy issues and a senior engineer for several nonprofit organiza- tions. She was President of LNE Engineering and Policy, a consultancy, and a Senior Engineer for Cook Inletkeeper and the Environmental Defense Fund. In these positions, she was responsible for analyzing and publiciz- ing the performance of the oil and gas industry, discussing the industry’s performance with government and industry decision makers, and seeking remedies for gaps in state and federal regulations. She is President of the Board of Directors of the Pipeline Safety Trust. She has served on a number of federal advisory committees, including the U.S. Department of Transpor- tation’s Technical Hazardous Liquid Pipeline Safety Standards Committee, the U.S. Environmental Protection Agency’s Effluent Guidelines Task Force, and the Bureau of Safety and Environmental Enforcement’s (BSEE’s) Off- shore Energy Safety Advisory Committee. She earned a master’s degree in civil engineering from Stanford University, a bachelor’s degree in English from Amherst College, and a bachelor’s degree in mechanical engineering from MIT. She is a licensed engineer in Alaska. Orville D. Harris is President of O.B. Harris, LLC, an independent consul- tancy specializing in the regulation, engineering, and planning of petroleum liquids pipelines. From 1995 to 2009, he was Vice President of Longhorn Partners Pipeline, LP, which operates a 700-mile pipeline carrying gasoline and diesel fuel from Gulf Coast refineries to El Paso, Texas. In that position, he was responsible for engineering, design, construction, and operation of the system. From 1991 to 1995, he was President of ARCO Transportation

STUDY COMMITTEE BIOGRAPHICAL INFORMATION 147 Alaska. That company owns four pipeline systems in the state, including the Alyeska Pipeline Service Company, which transports 25 percent of the crude oil from the North Slope of Alaska to the Port of Valdez. From 1977 to 1990, he held several supervisory and managerial positions at ARCO Pipeline Company, including District Manager for Houston and Midland, Texas, Manager of the Northern Area, and Manager of Products Business. At ARCO Transportation, he directed the efforts of a team of corrosion engineers making $400 million of repairs to the Alyeska system. He is a past member of the Board of Directors of the Association of Oil Pipe Lines and of the Pipeline and Hazardous Materials Safety Administration’s Technical Hazardous Liquids Pipeline Safety Standards Committee. He served on the TRB Committee for a Study of Pipeline Transportation of Diluted Bitumen and on the Division on Earth and Life Studies Committee on the Effects of Diluted Bitumen on the Environment. He holds a bachelor’s degree in civil engineering from The University of Texas and an MBA from Texas Southern University. L. Robin Keller is a Professor of Operations and Decision Technologies in the Paul Merage School of Business at the University of California, Irvine. Among the positions she has held since joining the school’s faculty in 1982 are Doctoral Program Director, Associate Dean, and Area Coordinator for Operations and Decision Technologies. Her research centers on decision analysis. It spans multiple attribute decision making; fairness; perceived risk; probability biases; problem structuring; temporal discounting; and planning protection against terrorism, environmental, health, and safety risks. She served as a program director for the Decision, Risk, and Man- agement Science Program of the U.S. National Science Foundation from 1989 to 1991. She is a past president of INFORMS and of its Decision Analysis Society. She was awarded the society’s 2015 Ramsey Medal for distinguished contributions to decision analysis and was named an insti- tute Fellow in 2004. She has served as Vice President–Finance and Council Member of the Institute of Management Sciences. She has published more than 60 journal articles, technical reports, and book chapters and was Editor-in-Chief of Decision Analysis. She has served on several National Academies committees, including the U.S. Committee for the International Institute for Applied Systems Analysis and the Committee on Ranking FDA Product Categories Based on Health Consequences. She earned a BA in mathematics, an MBA, and a PhD in management science from the University of California, Los Angeles. Allison M. Macfarlane is a Professor of Science and Technology Policy at The George Washington University and Director of the Center for Interna- tional Science and Technology Policy at the Elliott School of International

148 DESIGNING SAFETY REGULATIONS FOR HIGH-HAZARD INDUSTRIES Affairs. She served as Chairman of the U.S. Nuclear Regulatory Commis- sion from July 2012 until December 2014. In that position, she had safety oversight responsibility for all commercial nuclear reactors, for the regula- tion of medical radiation and nuclear waste, and for representing the United States in negotiations with international nuclear regulators. From 2010 to 2012 she served on the Blue Ribbon Commission on America’s Nuclear Future, which was appointed by the Obama administration to make rec- ommendations concerning a national strategy for dealing with the nation’s high-level nuclear waste. During her academic career, she held fellowships at Radcliffe College, MIT, Stanford University, and Harvard University. She has been on the faculty of Georgia Tech and George Mason University. Her expertise is in nuclear waste disposal and nuclear energy regulatory issues. Her research has focused on environmental policy and international security issues associated with nuclear energy. She served on the National Academies Committee on Review of DOE’s Nuclear Energy Research and Development Program. She earned a bachelor of science degree in geology from the University of Rochester and a PhD in geology from MIT. Rachel McCann is a Senior Policy Advisor in the Chemical, Explosives, and Microbiological Hazards Division of the United Kingdom’s Health and Safety Executive, where she is the head of policy for chemical industries, onshore major hazards, and land use planning around hazardous facili- ties. She served on a small team of government officials who transposed the European Union Seveso III Directive on the control of major accident hazards into UK domestic regulation and continues to work on domestic and European interpretation issues concerning the legislation. She repre- sents the United Kingdom at the European Union’s Expert Group on the Seveso Directive; the Organisation for Economic Co-operation and Devel- opment Working Group on Chemical Accidents, where she is a member of the Bureau; and the United Nations Economic Commission for Europe Convention on the Transboundary Effects of Industrial Accidents, where she serves on the Working Group on Implementation. She is a career civil servant who has previously worked in the United Kingdom’s Home Office and Revenue and Customs. She earned a bachelor’s degree from the Uni- versity of Oxford. Arthur D. Meyer retired in 2013 from Enbridge, where he was the Chief Operating Officer, Liquids Pipelines. He and his team had responsibility for the operation of 17,000 miles of pipeline delivering more than 2 mil- lion barrels per day of oil, refined products, and other petroleum liquids to customers across North America. Enbridge operates the world’s longest crude oil and liquids transportation system. It has a significant presence in natural gas transmission and storage, midstream processing, gas distribu-

STUDY COMMITTEE BIOGRAPHICAL INFORMATION 149 tion, and renewable energy, and it is involved in power transmission. He has 35 years of experience in the pipeline industry. Prior executive appoint- ments at Enbridge included Senior Vice President, Pipeline Integrity and Engineering; Senior Vice President, Major Projects; President, Enbridge Pipelines (Athabasca), Inc.; President, Enbridge Wind Power, Inc.; Vice President, Technology; Vice President, Liquids Marketing; Vice President, Engineering; and General Manager, Producers Pipelines, Inc. Before join- ing Enbridge, he held leadership and engineering roles at Trans Mountain Pipe Line Company, Ltd., Alberta Products Pipe Line, Ltd., and the pipeline division of Gulf Canada, Ltd. He has been active in industry associations. He served as Chair of the U.S.-based Pipeline Research Council Interna- tional, President of the Alberta Chamber of Resources, and Chair of the Petroleum and Natural Gas Steering Committee of the Canadian Standards Association. He has served on boards or committees of the Canadian En- ergy Pipeline Association, the Association of Oil Pipe Lines, the Steering Committee on U.S. Energy Pipelines and Research, and the International Pipeline Conference Foundation. He has been appointed to several govern- ment advisory roles and served with nonprofit organizations in support of health, education, and the arts. He holds a BSc in mechanical engineering and an MBA, both from the University of Alberta. Donald P. Moynihan is a Professor of Public Affairs at the La Follette School of Public Affairs, University of Wisconsin, Madison. His research examines the application of organization theory to public management issues such as performance, budgeting, homeland security, election admin- istration, and employee behavior. In particular, he studies the selection and implementation of public management reforms. His book, The Dynamics of Performance Management: Constructing Information and Reform (George- town University Press, 2008), was named best book by the Academy of Management’s Public and Nonprofit Division and received the Herbert Si- mon Award from the American Political Science Association, which honors the book with the most significant influence in public administration schol- arship in the last 3 to 5 years. In 2014, he received the Kershaw Award, which is provided every 2 years by Mathematica and the Association of Public Policy and Management to one scholar under the age of 40 for out- standing contributions to the study of public policy and management. He was awarded the 2011 National Academy of Public Administration/Wilder School Award for scholarship in social equity. He is President of the Public Management Research Association and a Fellow of the National Academy of Public Administration. He earned a bachelor’s degree in public adminis- tration from the University of Limerick and a master’s degree and a PhD in public administration from the Maxwell School of Citizenship and Public Affairs at Syracuse University.

150 DESIGNING SAFETY REGULATIONS FOR HIGH-HAZARD INDUSTRIES Susan S. Silbey is the Leon and Anne Goldberg Professor of Humanities, Professor of Sociology and Anthropology, and Professor of Behavioral and Policy Sciences, Sloan School of Management, at MIT. Her research centers on governance and regulatory and audit processes in complex organiza- tions. Her most recent research focuses on the creation of management systems for containing risks, including ethical lapses as well as environment, health, and safety hazards. She has authored or co-authored several books. Among them are The Common Place of Law: Stories from Everyday Life (with Patricia Ewick) (1998), In Litigation: Do the “Haves” Still Come Out Ahead? (with Herbert Kritzer) (2003), and Law and Science (II): Regula- tion of Property, Practices, and Products (2008). She is on the editorial board of Regulation and Governance, Engaging Science, Technology and Society, Qualitative Sociology, and Annals of the American Association of Political and Social Science, where she was Issue Editor of Organizational Challenges to Regulatory Enforcement and Compliance: A New Common Sense About Regulation. She is a recipient of numerous prizes and awards, including a John Simon Guggenheim Foundation Fellowship and the Harry Kalven, Jr., Prize for advancing the sociology of law. She is Past President of the Law and Society Association and a fellow of the American Academy of Political and Social Science. She earned a BA from Brooklyn College of the City University of New York and an MA and a PhD from The University of Chicago. James A. Watson IV is President and Chief Operating Officer of the Ameri- cas Division of the American Bureau of Shipping. Before he began this appointment in 2013, he was Director of BSEE. In that position, he was responsible for promoting safety, protecting the environment, and conserv- ing resources through the regulatory oversight and enforcement of offshore operations on the U.S. Outer Continental Shelf. Before he joined BSEE, he rose to the rank of Admiral in the U.S. Coast Guard (USCG). He served as USCG’s Director of Prevention Policy for Marine Safety, Security and Stewardship, where his responsibilities included commercial vessel safety and security, ports and cargo safety and security, and maritime investiga- tions. He was designated as the Federal On-Scene Coordinator for the governmentwide response to the Macondo oil spill in the Gulf of Mexico in June 2010. He has served on the TRB Committee on Offshore Oil and Gas Safety Culture Framing Study. Admiral Watson holds a bachelor’s degree in marine engineering from the U.S. Coast Guard Academy, a master’s de- gree from the University of Michigan in mechanical engineering and naval architecture, and a master’s degree in strategic studies from the Industrial College of the Armed Forces.

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TRB Special Report 324: Designing Safety Regulations for High-Hazard Industries, examines key factors relevant to government safety regulators when choosing among regulatory design types, particularly for preventing low-frequency, high consequence events. In such contexts, safety regulations are often scrutinized after an incident, but their effectiveness can be inherently difficult to assess when their main purpose is to reduce catastrophic failures that are rare to begin with. Nevertheless, regulators of high-hazard industries must have reasoned basis for making their regulatory design choices.

Asked to compare the advantages and disadvantages of so-called “prescriptive” and “performance-based” regulatory designs, the study committee explains how these labels are often used in an inconsistent and misleading manner that can obfuscate regulatory choices and hinder the ability of regulators to justify their choices. The report focuses instead on whether a regulation requires the use of a means or the attainment of some ends—and whether it targets individual components of a larger problem (micro-level) or directs attention to that larger problem itself (macro-level). On the basis of these salient features of any regulation, four main types of regulatory design are identified, and the rationale for and challenges associated with each are examined under different high-hazard applications.

Informed by academic research and by insights from case studies of the regulatory regimes of four countries governing two high-hazard industries, the report concludes that too much emphasis is placed on simplistic lists of generic advantages and disadvantages of regulatory design types. The report explains how a safety regulator will want to choose a regulatory design, or combination of designs, suited to the nature of the problem, characteristics of the regulated industry, and the regulator’s own capacity to promote and enforce compliance. This explanation, along with the regulatory design concepts offered in this report, is intended to help regulators of high-hazard industries make better informed and articulated regulatory design choices.

Accompanying the report, a two-page summary provides a condensed version of the findings from this report.

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