[Congressional Record Volume 142, Number 130 (Thursday, September 19, 1996)]
[Senate]
[Pages S10940-S10941]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        ACCOUNTABLE PIPELINE SAFETY AND PARTNERSHIP ACT OF 1995

  The Senate continued with the consideration of the bill.
  Mr. PRESSLER. Mr. President, I am pleased we are considering S. 1505, 
the Accountable Pipeline Safety and Partnership Act of 1996. This is 
needed and important legislation, and I urge my colleagues' full and 
enthusiastic support.
  On June 6, 1996, S. 1505 was amended by the Committee on Commerce, 
Science, and Transportation and ordered to be reported without 
objection. I also have one technical amendment that I believe has been 
cleared by the majority and the minority.
  S. 1505 reauthorizes appropriations for Natural Gas and Hazardous 
Liquid Pipeline Safety Programs and seeks to reduce the risks and 
enhance environmental protection associated with pipeline 
transportation. As chairman of the Senate Committee on Commerce, 
Science, and Transportation, I want to take a moment to highlight some 
of the most important provisions of S. 1505.
  But first, Mr. President, I want to share some brief background on 
how S. 1505 reached this point. It was a long, but fruitful journey.
  Last December, our distinguished majority leader, Mr. Lott, 
introduced S. 1505. Mr. Lott's original bill was cosponsored by Mr. 
Breaux, Mrs. Hutchison, Mr. Exon, Mr. Burns, Mr. Ford, Mr. Inouye, Mr. 
Shelby, Mr. Cochran, Mr. Frist, Mr. Inhofe, and myself.
  S. 1505 was based on a bill (H.R. 1323) pending in the House. The 
House legislation had been approved by two panels, but it has not been 
debated on the House floor. Because of the majority leader's 
initiative, emphasis shifted to our Chamber.
  On April 16, my committee held a hearing on pipeline transportation 
safety and S. 1505. At the hearing, pipeline owners and operators, as 
well as Federal and State safety regulators, voiced their individual 
views on how to reauthorize and enhance pipeline safety.
  At the hearing, I stated my view that with a little give and take, we 
could reach agreement on how best to improve pipeline safety. I am 
pleased that our efforts succeeded.
  The text of S. 1505 reflects an agreement reached over several 
months. The negotiators in this process represented two offices in the 
Department of Transportation DOT--one of which was the Office of 
Pipeline Safety OPS--natural gas pipeline operators, hazardous liquid 
pipeline operators, and majority and minority committee staff. Valuable 
input was also received from the dedicated staff of the Congressional 
Research Service and groups like the National Association of Pipeline 
Safety Representatives and the Natural Resources Defense Council. I 
commend the work of all those involved.
  Mr. President, I have been involved with pipeline safety issues for 
several years. A vast network of underground pipes safely transports 
fuel to our homes and businesses.
  National Transportation Safety Board statistics show pipelines to be 
one of the safest modes of transportation. Among all modes--highway, 
rail, aviation, marine, and pipeline--fatalities from pipeline 
accidents represent less than 3/1000 of 1 percent of the total number 
of transportation fatalities on an annual basis.
  At the same time, we must do everything possible to prevent natural 
gas and hazardous liquid pipeline transportation accidents. A few years 
ago, a pipeline leak occurred near Sioux Falls in my home State of 
South Dakota. I met with Federal, state and local officials at the time 
to discuss many public health and safety aspects of pipeline 
transportation. I also initiated efforts to improve hazardous liquid 
pipeline inspection programs and to add inspectors to focus on States 
like South Dakota that did not have their own hazardous liquid pipeline 
safety programs.
  Through this experience, I came to realize that pipeline 
transportation is one of the United States' most unique transportation 
modes. There are individual product characteristics and product-
specific types of piping materials. A subterranean network of 
underground pipelines runs under farms, rural communities, suburbs, 
metropolitan regions, rivers, and environmentally sensitive areas. 
Given this unique transportation environment, it became clear that a 
single uniform set of safety standards cannot effectively address all 
risks.
  S. 1505 responds to this unique pipeline operating environment by 
applying a simple, flexible, commonsense risk assessment and cost-
benefit analysis for new pipeline safety standards. The legislation 
moves pipeline safety away from prescriptive, command-and-control 
approaches and focuses future standards on actions that address 
assessed safety risks.

  S. 1505 also provides statutory authority for the Office of Pipeline 
Safety to initiate the risk management demonstration project it has had 
under development for 2 years. Under the demonstration program, 
pipeline operators would be given more flexibility in applying their 
resources to solutions that best fit their unique pipeline operation 
problems.
  As I mentioned earlier, the technical provision at the desk to be 
added to S. 1505 has been cleared by both the majority and the 
minority. The language in the provision provides for the opportunity 
for public comment in a demonstration project's approval process.
  The Office of Pipeline Safety testified that there ``are too many 
variations'' in pipeline operations to think ``we in Washington are in 
a position to mandate solutions to fit all problems.''
  I wholeheartedly agree. One-size-fits-all regulations do not and 
cannot address the thousands of differences between pipeline operations 
nationwide.

[[Page S10941]]

  S. 1505 is a responsible bill and it represents sound public policy. 
The risk assessment and risk management provisions of the legislation 
rest on the foundation already built by the Office of Pipeline Safety. 
The bill also builds on initiatives undertaken at OPS to focus its 
regulatory and programmatic agenda on the most important public safety 
and environmental protection standards.
  Aside from the risk assessment and risk management provisions, S. 
1505 contains many other noteworthy provisions. Although I cannot 
mention each one individually, I do want to touch on one particular 
issue.
  States currently represent more than 90 percent of the State/Federal 
inspector work force that oversees pipelines nationwide. For more than 
two decades, OPS has leveraged its resources, thereby increasing its 
pipeline inspection capabilities, by reimbursing States for up to fifty 
percent of their program costs. This leverage is a key link in the 
pipeline safety network. I am pleased that despite severe budget 
pressures, S. 1505 maintains this important State/Federal cost-sharing 
partnership.
  Mr. President, I again want to thank all those involved in bringing 
S. 1505 to the floor today. I want to again acknowledge the role the 
majority leader played. S. 1505's development and evolution was 
difficult, but the end result is a bill worthy of enactment.
  Also, I would like to cite the staff who did a great deal of work:
  Charlotte Casey, Tom Hohenthaner, and Paddy Link of the majority 
staff of the Commerce Committee; Carl Biersack with Senator Lott; Clyde 
Hart, Carl Bentzel and Jim Drewry of the minority staff of the Commerce 
Committee; and Chris McLean with Senator Exon.
  Mr. President, I have completed my statement. On this side of the 
aisle, we are ready to proceed. At this time, I suggest the absence of 
a quorum.
  Mr. EXON. Will the Senator withhold that? Mr. President, has he 
offered a manager's amendment? We have it here now. It is his 
amendment. You must have it. We approve it as drafted. Therefore, I 
suggest if the Senator will go ahead and offer that, we can probably 
pass the bill.


                Modifications to the Committee Amendment

  Mr. PRESSLER. Mr. President, I ask unanimous consent to send 
modifications to the committee substitute to the desk and ask that the 
committee substitute, as modified, be considered as original text for 
purpose of further amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
committee amendment is so modified.
  The modifications are as follows:

       On page 48, line 4, strike ``and''.
       On page 48, between lines 9 and 10, insert the following:
       ``(J) an opportunity for public comment in the approval 
     process; and
       On page 44, between lines 11 and 12, insert the following:
       (g) Mapping.--Section 60102(c) is amended by adding at the 
     end thereof the following:
       ``(4) Promoting Public Awareness.--
       ``(A) Not later than one year after the date of enactment 
     of Accountable Pipeline Safety and Accountability Act of 
     1996, and annually thereafter, the owner or operator of each 
     interstate gas pipeline facility shall provide to the 
     governing body of each municipality in which the interstate 
     gas pipeline facility is located, a map identifying the 
     location of such facility; and
       ``(B)(i) Not later than June 1, 1998, the Secretary shall 
     survey and assess the public education programs under section 
     60116 and the public safety programs under section 60102(c) 
     and determine their effectiveness and applicability as 
     components of a model program. In particular, the survey 
     shall include the methods by which operators notify residents 
     of the location of the facility and its right of way, public 
     information regarding existing One-Call programs, and 
     appropriate procedures to be followed by residents of 
     affected municipalities in the event of accidents involving 
     interstate gas pipeline facilities.
       ``(ii) Not later than one year after the survey and 
     assessment are completed, the Secretary shall institute a 
     rulemaking to determine the most effective public safety and 
     education program components and promulgate if appropriate, 
     standards implementing those components on a nationwide 
     basis. In the event that the Secretary finds that 
     promulgation of such standards are not appropriate, the 
     Secretary shall report to Congress the reasons for that 
     finding.''.
       (h) Remote Control.--Section 60102(j) is amended by adding 
     at the end thereof the following:
       ``(3) Remotely controlled valves.--(A) Not later than June 
     1, 1998, the Secretary shall survey and assess the 
     effectiveness of remotely controlled valves to shut off the 
     flow of natural gas in the event of a rupture of an 
     interstate natural gas pipeline facility and shall make a 
     determination about whether the use of remotely controlled 
     valves is technically and economically feasible and would 
     reduce risks associated with a rupture of an interstate 
     natural gas pipeline facility.
       ``(B) Not later than one year after the survey and 
     assessment are completed, if the Secretary has determined 
     that the use of remotely controlled valves is technically and 
     economically feasible and would reduce risks associated with 
     a rupture of an interstate natural gas pipeline facility, the 
     Secretary shall prescribe standards under which an operator 
     of an interstate natural gas pipeline facility must use a 
     remotely controlled valve. These standards shall include but 
     not be limited to requirements for high-density population 
     areas.''
       On page 38, beginning in line 1, strike ``In prescribing a 
     standard referred to in paragraph (2),'' and inserts ``In 
     conducting a risk assessment referred to in subparagraph (D) 
     and (E) of paragraph (2),''.
       On page 38, line 22, insert ``any'' after ``submit''.
       On page 40, line 15, strike ``this subsection'' and insert 
     ``subparagraphs (D) and (E) of paragraph (2)''.
       On page 41, line 13, strike ``improved regulatory decision 
     making'' and insert ``affected regulatory decision making and 
     pipeline safety''.
       On page 45, strike lines 1 and 2 and insert the following:
       ``(B) to evaluate the safety and cost-effectiveness of the 
     program.''

  Mr. EXON. Have we adopted the manager's amendment?
  Mr. PRESSLER. Yes.
  Mr. EXON. It was my hope, Mr. President, that we were ready to pass 
the bill. It was my hope that we would pass the bill in wrap-up last 
night. That was not possible. It was my hope that we would wrap it up 
and pass it earlier today at noon. That was not possible.
  It was my hope, Mr. President, that we could wrap it up now. I am 
advised that is not possible, and the responsibility at this time is on 
this side of the aisle, I say to my friends on the other side of the 
aisle. The measure is open to amendment, and if anyone ever wonders why 
it takes so long to get anything done in the U.S. Senate, after endless 
hours of consultation, double consultation, this is a typical case in 
point. Therefore, I suggest the absence of a quorum.

  Mr. PRESSLER. Mr. President, I join that request for a quorum call, 
but I just would like to join in those remarks 100 percent. I might 
also take this opportunity to say that I am in the process of placing a 
statement in the Congressional Record relative to what a great Senator 
Senator Exon has been in the Senate and what a great colleague he has 
been to work with.
  I share his frustration at this moment. He is a lucky man in that he 
is retiring from this body, so he will not have these frustrations in 
the future. I do not think they are going to change very much, but I am 
equally frustrated. We are ready to pass this bill on this side of the 
aisle. Whenever you give me the nod, we will go.
  Mr. EXON. Mr. President, I thank my friend from South Dakota for 
those kind remarks. I simply say to him that I was misinformed. I will 
check into this. I will see who in the world it is that wants to make 
an amendment to this measure but is not here to do it in an orderly 
fashion. I will report back to the Senate and to my friend from South 
Dakota as soon as I am able to get that information, if I can get the 
information.
  Mr. PRESSLER. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. PRESSLER. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________