[Congressional Record Volume 146, Number 47 (Thursday, April 13, 2000)]
[Senate]
[Pages S2757-S2758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mrs. Murray, and Mr. Gorton):
  S. 2438. A bill to provide for enhanced safety, public awareness, and 
environmental protection in pipeline transportation, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.


     the king and tsiorvas pipeline safety improvement act of 2000

  Mr. McCAIN. Mr. President, today I am introducing the King and 
Tsiorvas Pipeline Safety Improvement Act of 2000. This bill proposes to 
reauthorize the Pipeline Safety Act, which expires at the end of this 
fiscal year (FY), through fiscal year 2003. It is intended to 
strengthen and improve both federal and state pipeline safety efforts 
and heighten public awareness of pipeline safety. I am pleased to be 
joined in sponsoring this bill by Senator Murray and Senator Gorton.
  Many of these issues came to the forefront as a result of a tragic 
accident that occurred in Bellingham, Washington, last June 10, 1999. 
An underground hazardous liquid pipeline ruptured and 277,000 gallons 
of gasoline leaked into a creek. Two 10-year-old boys, Wade King and 
Stephen Tsiorvas, had been playing by the creek into which the gasoline 
flowed. The gasoline was accidently ignited and a massive fire ensued. 
Both boys died as a result of their injuries. Another young man, Liam 
Wood, was fishing at the creek the same day. He was overcome by the 
gasoline fumes, slipped into unconsciousness, and subsequently drowned.
  Mr. President, in addition to these needless deaths, the pipeline 
accident caused destructive fires and environmental damage for miles. 
Since the June accident, many concerned individuals have come forward 
and dedicated themselves to finding ways to improve and strengthen the 
Department of Transportation pipeline safety program. The Senators from 
Washington State have introduced one bill. Other pipeline safety 
measures have been introduced in the House. Yesterday, the 
Administration submitted its own pipeline safety reauthorization 
proposal. These bills contain many provisions I believe merit 
Congressional consideration and some of those provisions are included 
in the legislation I am introducing today.
  It is my intention, as Chairman of the Senate Committee on Commerce, 
Science, and Transportation, to chair a full Committee hearing on 
Pipeline Safety in the near future. I hope to report a reauthorization 
measure to the full Senate before the Memorial Day Recess. In that 
effort, I will be seeking input from public safety advocates, the 
National Transportation Safety Board, the DOT-Inspector General, the 
Department of Transportation, industry and others interested in 
promoting pipeline safety.
  Mr. President, currently the Office of Pipeline Safety (OPS) within 
the Research and Special Programs Administration (RSPA) oversees the 
transportation of about 65 percent of the petroleum and most of the 
natural gas transported in the United States. OPS regulates the day-to-
day safety of 2,000 gas pipeline operators with more than 1.9 million 
miles of pipeline, as well as more than 200 hazardous liquid operators 
and 165,000 miles of pipelines. Given the immense array of pipelines 
that traverse our nation, reauthorization of the pipeline safety 
program is, quite simply, critical to public safety.

[[Page S2758]]

  The safety record of pipeline transportation is generally quite good. 
However, accidents do occur and when they occur, they can be 
devastating, as was the case last June.
  Last month, the Senate Commerce Committee held a field hearing on 
this accident in Bellingham, Washington, and the Committee, as I 
mentioned, is committed to moving a reauthorization bill through the 
legislative process as soon as possible. We must act to help improve 
pipeline safety and prevent tragedies like that which occurred in 
Bellingham.
  The bill I am introducing includes a number of provisions intended to 
strengthen and improve pipeline safety. It also is designed to increase 
State oversight authority and facilitate greater public information 
sharing at the local community level.
  Two areas that warrant DOT's immediate attention, in my view, concern 
safety recommendations that have already been issued by the National 
Transportation Safety Board (NTSB) and the Inspector General (IG). The 
Department's responsiveness to NTSB pipeline safety recommendations for 
years has been poor at best. While current law requires the Secretary 
to respond to NTSB recommendations within 90 days from receipt, there 
are no similar requirements at RSPA. The problem is serious, Mr. 
President. I am aware of one case in particular where a NTSB 
recommendation sat at DOT's pipeline office for more than 900 days 
before even a letter so much as acknowledging receipt was sent. Such 
blatant disregard for the important work of the NTSB is intolerable. 
Therefore, this legislation statutorily requires RSPA and OPS to 
respond to each pipeline safety recommendation it receives from the 
NTSB and to provide a detailed report on what action it plans to 
initiate to adopt the recommendation.
  In addition, the bill would require the Department to implement the 
recommendations made last month by the IG to further improve pipeline 
safety. The DOT IG found several glaring safety gaps at OPS and it is 
incumbent upon us all to do all we can to insure that the Department 
affirmatively acts on these critical problems.
  The bill would also address the issue of training of pipeline 
operators. A number of safety interests, including the NTSB, have long 
emphasized the need to improve operator training. In recognition that a 
one-size-fits-all approach on this issue is not feasible due to the far 
different operating and maintenance requirements governing pipeline 
operations, this bill would require each operator to submit a training 
plan to the Secretary keyed to his or her particular operation. The 
Secretary would be expected to review the plans and work with operators 
to ensure a consistent safety level is maintained. The bill also 
directs the Secretary to issue regulations to ensure periodic 
inspections of pipelines and provides authority to the Secretary to 
shut down operations which are determined to pose an imminent hazard.
  Another critical component of this reauthorization bill focuses on 
increased public education efforts, enhanced emergency response 
preparedness, and community right to know. It also includes provisions 
to increase state oversight of pipeline safety concerns. While some may 
prefer to reduce the federal role over pipeline safety and 
substantially increase the authority of State regulation, I believe 
such an approach would be short-sighted. While the concept of 
preemption by states may seem an attractive solution for some pipeline 
safety concerns, it is not the best approach. After all, pipelines play 
a vital role in both interstate and international commerce. A mishmash 
of state laws regarding the construction, maintenance, training, and 
operation of pipelines would certainly hamper commerce and would likely 
not improve safety. In fact, accident records show that more than 70 
percent of pipeline transportation injuries and fatalities have 
occurred on intrastate lines, pipelines under the direct responsibility 
of the States.

  Recently, the U.S. Courts have upheld the need for consistent 
standards in interstate and international commerce. However, in the 
Courts ruling, they did not restrict the right of the states to take 
action altogether. In fact, states already have considerable power to 
regulate pipelines and promote safety through the Federal/State 
Partnership program. Additionally, the states ability to promulgate 
laws regarding ``one call'' can do more to prevent accidents than any 
other action. States already play an important role and my bill would 
build on that role and permit the states to join the Secretary in 
efforts to oversee interstate pipeline transportation and promote 
emergency preparedness and accident prevention.
  The bill also addresses the need to improve data collection and 
analysis. For more than 25 years, the NTSB has identified major 
deficiencies and recommended changes to RSPA's pipeline accident data 
collection process. This bill would ensure RSPA take the action 
necessary to address these identified problems and improve its data 
collection and use.
  In addition, the bill calls attention to the critical role of 
innovative technology in promoting safety. Specifically, the bill 
directs the Secretary to focus the department's research and 
development programs to address technology that can detect pipe 
material defects and alternative pipeline inspection and monitory 
technologies that cannot accommodate current technologies. Finally, the 
bill would increase funding to carry out pipeline safety and state 
grant programs through fiscal year 2003.
  Mr. President, I urge my colleagues attention to this important 
safety issue and look forward to bringing a reauthorization bill to the 
full Senate for consideration in the near future.
                                 ______