[Congressional Record Volume 142, Number 142 (Friday, October 4, 1996)]
[Extensions of Remarks]
[Page E1921]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        ACCOUNTABLE PIPELINE SAFETY AND PARTNERSHIP ACT OF 1996

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                               speech of

                            HON. BUD SHUSTER

                            of pennsylvania

                    in the house of representatives

                       Friday, September 27, 1996

  Mr. SHUSTER. Mr. Speaker, I wish to address a concern that was raised 
at the last minute that this bill may somehow affect protection for 
wetlands. Under the current pipeline safety laws, in section 60109 of 
title 49, the Office of Pipeline Safety at the Department of 
Transportation is required to identify unusually sensitive 
environmental areas. Once these areas have been identified, DOT is to 
promulgate rules to minimize the chances of a liquid pipeline accident 
in those areas. DOT is currently in the process of implementing these 
laws.
  Currently, subsection (b) of section 60109 does not specify which 
areas should be identified as unusually environmentally sensitive; 
rather, it identifies several types of areas that DOT should consider 
when making its determination. In fact, current law does not even 
identify wetlands as one of the areas DOT should look at when 
identifying areas that should be classified as unusually 
environmentally sensitive. That is why the Congress in S. 1505 directed 
DOT to include critical wetlands in the types of areas that it should 
consider when it determines areas that are unusually environmentally 
sensitive.
  Apparently, at the last minute, the use of the term ``critical'' has 
raised a question as to whether the Congress is somehow attempting to 
create a new category of wetlands that might undermine other wetlands 
protection programs carried out by the Environmental Protection Agency 
or the Corps of Engineers. This is not true.
  The language in S. 1505 that amends section 60109(b) of title 49 is 
simply intended to give direction to DOT as to what type of areas 
should be considered when it determines what areas are unusually 
environmentally sensitive. In no way is this provision intended to have 
any application or precedent with respect to any other statute or any 
other Federal agency. This provision is not intended to diminish the 
role of DOT to protect the environment and the public's safety in and 
around pipelines. Rather, this language is intended to strengthen the 
pipeline safety program's protection of people and the environment.

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