[Congressional Record Volume 146, Number 34 (Thursday, March 23, 2000)]
[Senate]
[Pages S1660-S1661]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            PIPELINE SAFETY

  Mr. GORTON. Mr. President, last week the city of Bellingham was the 
site of a Senate field hearing on pipeline safety. This hearing comes 
after the unspeakable tragedy that took place when three young boys 
were killed after a gasoline pipeline exploded in Bellingham on June 
10.
  I want to share with you my thoughts from the hearing and outline 
future congressional action as the Senate Commerce Committee prepares 
to reauthorize the Office of Pipeline Safety this year.
  Unfortunately, my Senate Commerce Committee colleagues were unable to 
attend last Monday's hearing in Bellingham, but I believe the committee 
has no greater priority than to making sure the pipelines running 
underneath our schools, neighborhoods, churches, and senior centers are 
safe.
  Pipeline safety concerns aren't unique to Washington. We're seeing 
States such as Texas, Wisconsin, Florida, New Jersey, and Pennsylvania 
respond to various local pipeline issues from oil spills and leaks to 
siting battles. In the last decade, there were 3,917 liquid fuel spills 
and natural gas leaks, averaging roughly one per day. These accidents 
resulted in 201 deaths, close to 3,000 injuries and $778 million in 
property damage. And for the first time, a National Pipeline Safety 
Conference will be held in Washington, D.C. next month.
  Though the sacrifice is one that no family and no community should 
have to make, the tragedy in Bellingham would be even worse if we did 
not learn from it and apply those lessons to try to prevent other 
accidents. To this end, last week's hearing was invaluable.
  While the cause of the explosion remains under investigation, here's 
what we do know:
  We know that many people in Bellingham were unaware that a pipeline 
was even running through their neighborhood.
  We know that the Office of Pipeline Safety ignored enhanced safety 
requirements, including increased inspections inside pipes, in highly 
populated and environmentally sensitive areas as Congress required in 
1992 and 1996.
  We learned that cities through which the Olympic Pipelines Company 
line runs have tremendous concerns with the integrity of the pipelines, 
and have had problems getting information and cooperation from the 
company.
  We know that the National Transportation Safety Board has criticized 
OPS for its poor record of responding to NTSB recommendations. NTSB 
Chairman Jim Hall has even said, ``There's no indication that the 
Office of Pipeline Safety is in charge or that its regulations, its 
inspections, its assets, its staffing and its spirit are adequate to 
the task.''
  We know that right now, the power to oversee and regulate the safety 
of the millions of miles of pipelines running underneath our 
communities rests with the federal Office of Pipeline Safety under the 
supervision of the Department of Transportation. And in the case of 
implementing pipeline safety standards in Washington State they have 
failed miserably.
  We learned that only a handful of States have the power to implement 
tougher safety standards, and when States are given this authority, 
their safety record is equal if not greater to that of OPS.
  So, where does this leave us?
  State government, local government, and citizen groups in Washington 
State were quick to answer the wake-up call from Bellingham and examine 
what they could do to improve pipeline safety. What they found was that 
while there are significant actions Washington can take to prevent and 
respond to accidents, such as improving the State's call-before-you-dig 
requirements, increasing public awareness, and training emergency 
response personnel, there is a lot the state cannot do with respect to 
prescribing safety standards because Federal law preempts state 
regulations.
  Today is already March 23. We know this is going to be a short 
legislative year. Many will say we won't have the time to address this 
issue this year. I disagree. Congress is due to reauthorize the Office 
of Pipelines Safety and we've been told the administration will submit 
its proposal to Congress any day now.
  Senator Murray and I are supporting legislation to give states 
greater authority in adopting tougher pipeline safety standards. Given 
the Office of Pipelines Safety's failure to make pipeline safety a 
priority, its reluctance to cede any authority to states, I feel we 
must move forward.
  When I asked both the Office of Pipeline Safety and the NTSB last 
week to take a position on our pipeline legislation, the answer was 
less than clear. After listening to the painful and damaging testimony 
that scourged OPS's safety record and failure to comply 
with congressionally-mandated safety requirements, I was speechless at 
their unwillingness to relinquish oversight authority to the states. 
The State of Washington, the people of Bellingham and communities along 
the pipeline route are ready and capable of implementing tougher safety 
standards. I demand OPS to take a firm position on this pipeline 
legislation.

  I also request that my good friend and colleague, Senator John 
McCain, chairman of the Senate Commerce Committee, schedule a vote on 
the various pipeline safety proposals.
  As I have said before, this pipeline legislation may not be perfect, 
and I believe we need to do some more listening before we arrive at the 
final pipeline safety proposal. NTSB officials highlighted the 
complexities of regulating pipelines that pass through a

[[Page S1661]]

number of States. They made their case as to why they should retain 
sole authority to regulate interstate pipelines. But it was an 
unpersuasive case. I encourage the Office of Pipeline Safety to 
consider my proposal to allow States which have at least 90 percent of 
a pipeline passing through their borders, to have greater authority in 
setting and implementing its own safety and inspection standards.
  As Senator Murray and I await the administration's proposal, we agree 
that the following proposals must be included in the final legislation:
  Allow States greater authority to adopt and enforce safety standards 
for interstate pipelines, particularly in light of the absence of 
meaningful federal standards.
  This increase in authority should be accompanied by an increase in 
grants to States to carry out pipeline safety activities.
  Improve the collection and dissemination of information about 
pipelines to the public and to local and State officials responsible 
for preventing and responding to pipeline accidents. This includes 
ensuring that operators are collecting the information necessary to 
accurately assess and respond to risks. The public should be informed 
about where pipelines are, what condition they are in, when they fail 
and why they fail.
  Adopt more stringent national standards for pipeline testing, 
monitoring, and operation.
  Ensure congressional mandates are followed, and make sure there are 
sufficient resources to enforce regulations.
  Invest more in research and development to improve pipeline 
inspections.
  Create a model oversight oil spill advisory panel in Washington 
State. This body would have the authority to not only respond, but to 
initiate the development of pipeline safety measures.
  I have long believed that those closest to the problem are in a 
better position to help develop the solution. Families in Washington 
state, and across the country, have already paid to high a price for us 
to miss this opportunity to put higher federal safety standards into 
law.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Mr. GRAMS. Mr. President, is the Senate currently in morning business 
with Senators permitted to speak for up to 10 minutes?
  The PRESIDING OFFICER. Yes.

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