[Congressional Record Volume 146, Number 3 (Wednesday, January 26, 2000)]
[Senate]
[Pages S86-S88]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. MURRAY:
  S. 2004. A bill to amend title 49 of the United States Code to expand 
State authority with respect to pipeline safety, to establish new 
Federal requirements to improve pipeline safety, to authorize 
appropriations under chapter 601 of that title for fiscal years 2001 
through 2005, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.


                      pipeline safety act of 2000

  Mrs. MURRAY. Mr. President, at the start of this session, I've come 
to the floor to introduce a bill that will improve the safety of all 
Americans by raising the safety standards on the oil and gas pipelines 
that run through our communities.
  Today, I'm introducing the Pipeline Safety Act of 2000.
  Until recently, like many Americans, I wasn't aware of the potential 
safety hazards that pipelines can pose. These pipelines stretch across 
America--running under our homes and near our schools and offices. 
Nationwide, the Office of Pipeline Safety oversees more than 157,000 
miles of underground pipeline which transport hazardous liquids and 
more than 2.2 million miles of pipeline which transport natural gas. 
They perform a vital service--bringing oil and essential products to 
our homes and businesses. I rarely heard about them, so I assumed they 
were safe.
  But last year, there was a deadly pipeline accident in my home state 
of Washington. And the more I learned about how pipelines are regulated 
in the United States--the more concerned I became.
  Today, seven months after that disaster in Bellingham, I am here on 
the Senate floor with a bill that takes the lessons of pipeline 
disasters and turns them into law--so that these tragedies won't happen 
again.
  Mr. President, on June 10th, in Bellingham, Washington, a gas 
pipeline ruptured--releasing more than a quarter of a million gallons 
of gasoline into Whatcom Creek. The gas ignited--sending a huge 
fireball racing down the creek--destroying everything in its path for 
more than a mile. The dramatic explosion killed three young people who 
happened to be playing by the creek. It created a plume of smoke which 
rose more than twenty-thousand feet into the air. This photo behind me 
was taken just moments after the explosion. One minute, a quiet 
residential area; the next moment, a disaster.

  Besides the tragic loss of these three young lives, this explosion 
caused horrendous environmental damage. In fact, I was scheduled to be 
at this exact site just a few weeks later to designate a newly restored 
salmon spawning ground. When I saw the damage a short time after the 
explosion, frankly, I was shocked.
  Take a look at these pictures. This was before the explosion where we 
were going to dedicate a salmon creek spawning ground. This is 
afterwards. As you can see, this explosion destroyed all of the plant 
and animal life in the creek, and it was once a lush and diverse 
habitat. In moments, it was destroyed and gone.
  The explosion also had an impact on the entire community. Neighbors 
could not sleep at night, and young children--still to this day--panic 
during lightning storms. And, of course, three

[[Page S87]]

families--who lost their children--will never be the same.
  Mr. President, as I researched this issue, I learned that what 
happened in my state was not unique--in fact--it wasn't even rare. 
According to the Office of Pipeline Safety, since 1986, there have been 
more than 5,500 incidents, resulting in 310 deaths and 1,500 injuries. 
Those 5,500 incidents also caused nearly a billion dollars in property 
damage. On average, our nation suffers one pipeline accident every day.
  Clearly, this is a national problem--requiring a national solution. 
This chart shows some of the major pipeline accidents since 1981. This 
chart only shows the accidents investigated by the National 
Transportation Safety Board--not all 5,500.
  As you can see, these disasters can occur anywhere--in anyone's 
neighborhood, in anyone's community, close to anybody's school, near 
anybody's place of work. And they have devastating results.
  While the pipeline industry--by and large--does a good job of safely 
delivering the fuel we need to heat our homes and drive our cars, there 
are some examples where they failed to protect the public.
  According to a New York Times article from January 14th of this year:

       One of the nation's largest pipeline operators quit 
     inspecting its lines for much of the 1990's and instead found 
     flaws by waiting for the pipes to break. Koch Industries 
     agreed to pay a fine of $30 million--the largest civil 
     environmental penalty to date.

  That company's behavior resulted in leaks of three million gallons of 
crude oil, gasoline, and other products in 300 separate incidents in 
the last nine years.
  We can't just rely on the industry to police itself. As this example 
showed, one company decided it was cheaper to wait for accidents to 
happen, than to take steps to prevent them. The time has come to raise 
the standards for pipeline safety.
  Too often the public is left in the dark. Neighbors don't know they 
live near pipelines. Schools and communities aren't told when there are 
problems with a pipeline. The time has come to expand the public's 
right to know about the pipelines that run near their homes.
  Too often pipelines operators don't have the training or experience 
they need to handle emergencies. Sometimes their actions cause 
accidents, and many times they make these disasters even worse. We 
should certify pipeline inspectors so we will know they have the 
training they need. In fact, in 1992 Congress passed a law requiring 
certification of pipeline operators. But a few years later, that 
requirement was repealed. That's a mistake we need to correct, and 
today, the need for qualified, certified operators is even greater.
  Too often there aren't enough resources to oversee the industry or to 
carry out vital safety programs. The time has come to put the resources 
behind these new standards.
  The time has come to reduce the risks pipeline pose. And the bill I'm 
introducing today does just that.
  Here are the key provisions of my bill:
  First, my bill will expand state authority to give states more 
control over pipeline safety standards. It's time to make states equal 
partners when it comes to pipeline safety. States should be able to use 
their knowledge of local conditions and circumstances to increase 
safety. States should be able to set up even more stringent standards 
than the federal government in areas like:
  Requiring additional training and education of inspectors and 
operators;
  Allowing states to require additional leak detection devices;
  Allowing states to certify procedures and responses to accidents; and
  Allowing states to enforce regulations.
  While some new state authority gives the Secretary of Transportation 
the discretion to allow states to regulate, it is my intent that the 
Secretary work aggressively at accomplishing these partnerships in the 
way I outline in my bill.
  I also strongly support efforts to better equip states as they 
respond to accidents. This involves better coordination between state 
and federal agencies so that police, fire, and emergency medical 
personnel will be better able to respond to pipeline disasters. The 
federal government should also encourage states to work more closely 
with pipeline companies on prevention.
  Second, my bill will improve inspection practices.
  We must develop guidelines and requirements for the internal and 
external inspection of pipelines. Current law only requires that 
pipelines be inspected internally when they are new and being used for 
the first time.
  My bill requires pipeline companies to periodically inspect their 
pipelines internally and externally and report their findings to 
federal and state authorities, as well as the public. My bill also 
requires pipeline companies to take action if those findings uncover 
problems.
  Third, my bill will strengthen the public's ``right to know.''
  Currently the public does not have the right to know about spills and 
problems with pipelines. My bill would require pipeline companies to 
disclose problems with the pipeline and what the company is doing to 
fix them. It will require pipeline companies to report to the public 
any spill and also to report the results of the periodic testing I am 
proposing.
  Fourth, my bill will improve the quality of pipeline operators.
  Current law allows companies to determine if their own operator is 
``qualified'' to work on a pipeline. My bill would place the government 
in the position of determining whether the companies' assessment is 
accurate. We wouldn't want an airline pilot flying a plane unless the 
FAA determined he was qualified. Similarly, we should require the 
Office of Pipeline Safety to review and certify the qualifications of 
pipeline operators.
  Finally, my bill will increase funding to improve safety.
  We should increase funding for research that will help improve the 
devices that inspect pipelines and detect leads. We should also 
increase grant programs to state agencies that regulate and monitor 
pipelines. This should be a partnership that recognizes both the state 
and federal responsibility in making pipelines safer.
  Mr. President, I am proud to introduce this bill today because I know 
it's the right thing to do. This has been a long process, and I've 
received a lot of cooperation. Specifically, I would like to thank U.S. 
Secretary of Transportation Rodney Slater, the Office of Pipeline 
Safety, the National Transportation Safety Board, the City of 
Bellingham, my colleagues in the Senate, Gov. Locke, other federal and 
state agencies, and industry representatives. Senator Gorton, my 
colleague from Washington State, is well aware of the importance of 
this issue and I look forward to his continued input.
  I'm also looking forward to working with my colleagues in the House--
specifically Representatives Inslee, Metcalf, and Baird--who have 
expressed interest in this issue.
  This bill will raise safety standards so that every family that lives 
near a pipeline can sleep soundly at night. This accident should not 
happen again. The time has come to take the lessons of this tragedy and 
put them into law--so we can reduce the odds of another disaster. We 
have a responsibility to do it, this bill gives us the tools to do it, 
and I hope you will support me in this effort.
  Mr. SESSIONS. Mr. President, I will be interested in the Senator's 
pipeline safety bill. That is a matter that is important. The pipelines 
are so much safer than trucks and other forms of distribution of fossil 
fuel. We are moving toward the use of natural gas, which burns so much 
cleaner than coal, fossil fuel, and other fuels. I think we will be 
having more pipelines around the country. I think it will be essential. 
It will be a positive environmental step to move forward with it.
  I have been somewhat discouraged that the Vice President has 
indicated he opposes drilling for natural gas off the gulf coast where 
it can be done so much more safely than drilling for liquid gas. We 
have had very few problems of any kind drilling off the coast. In fact, 
it produces the cleanest burning fuel we have. We have the Vice 
President opposing nuclear power, and now we are shutting off our 
capacity to reach natural gas which we are now using to generate 
electricity at a fraction of the environmental pollutants that other 
forms of energy generate. We are reaching a point of boxing ourselves 
in. We are supposed to reach

[[Page S88]]

cleaner air goals under the Kyoto agreement. The President and Vice 
President say we should go forward, but we are boxing ourselves in.
  We need to maintain an efficient gas pipeline system in America to 
generate the energy for the needs we have while continuing to reduce 
pollutants in the atmosphere. It has to be safe, too. I am willing to 
look at that. I certainly don't favor additional regulations, but if it 
promotes safety, I think it is something we ought to talk about.
                                 ______