[Congressional Record (Bound Edition), Volume 148 (2002), Part 1]
[Senate]
[Pages 905-906]
[From the U.S. Government Publishing Office, www.gpo.gov]




              THE PIPELINE SAFETY IMPROVEMENT ACT OF 2001

 Mr. McCAIN. Mr. President, one year ago today, the Senate 
passed S. 235, the Pipeline Safety Improvement Act of 2001. This bill, 
overwhelmingly approved by a vote of 98-0, is the product of many 
months of hearings, bipartisan compromise, and cooperation that began 
during the last Congress. It is designed to promote both public and 
environmental safety by reauthorizing and strengthening our federal 
pipeline safety programs which expired in September.
  Since the Senate began debating pipeline safety improvement 
legislation in 1999, the House has taken little action. Various 
pipeline safety improvement measures are available for consideration by 
the House, including a bill introduced December 20, 2001 by the 
Chairman of the House Transportation and Infrastructure Committee. I 
encourage the House Members to act swiftly and help prevent not only 
needless deaths and injuries, but also environmental and economic 
disasters. Legislative action is necessary as demonstrated by the 
number of tragic accidents in recent years.
  For example, on June 10, 1999, 277,000 gallons of gasoline leaked 
from a 16 inch underground pipeline into the Hannah Creek near 
Bellingham, WA. The gasoline migrated into the Whatcom Creek, where it 
was subsequently ignited. The ignition set off an explosion and fire, 
burning along both sides of the creek, for approximately 1.5 miles, 
killing two 10 year old boys and an 18 year old young man who was

[[Page 906]]

fishing in the creek. In addition to the three deaths, there were eight 
injuries and environmental damage to the area. Also, the fire damaged 
the Bellingham Water Treatment Plant and other industrial structures, 
as well as a private residence. Interstate 5 was closed for a period of 
time because of the thick smoke, and the Coast Guard closed Bellingham 
Bay for a one mile radius from the mouth of the Whatcom Creek.
  Other tragedies have occurred. On August 19, 2000, a natural gas 
transmission line ruptured in Carlsbad, NM, killing 12 members of two 
families. On September 7, 2000, a bulldozer in Lubbock, TX, ruptured a 
propane pipeline. The ensuing cloud was ignited by a passing vehicle, 
creating a fireball which killed a police officer.
  Congress was called on to act after the first accident in Washington. 
I introduced S. 2438, the Pipeline Safety Improvement Act of 2000, on 
April 13, 2000. With the assistance of a bipartisan group of Senators, 
including Senators Slade Gorton and Patty Murray, the Commerce 
Committee reported the measure favorably later that July. The Senate 
took swift action upon return from the August recess, during which the 
accident in New Mexico had occurred. We passed S. 2438 by unanimous 
consent on September 7, 2000, on the same day as the rupture in Texas.
  The Senate's accomplishment that year stemmed from several months of 
hearings and countless meetings. Unfortunately, the House failed to 
approve a pipeline safety measure so we were never able to go to 
conference or send a measure to the President. Our collective inaction 
was a black mark on the 106th Congress.
  After the opening of the 107th Congress, I introduced nearly 
identical legislation, S. 235, the Pipeline Safety Improvement Act of 
2001. The Senate acted swiftly and passed S. 235 on this date last 
year, one of the first legislative actions of the 107th Congress. The 
House now has the opportunity to remove the black mark by acting on 
pipeline safety legislation.
  Including the tragedies I mentioned earlier, a total of 71 fatalities 
have occurred as a result of a pipeline accident over the past three 
years. It should be noted, however, that despite these horrible 
accidents, the pipeline industry has a good safety record relative to 
other forms of transportation. According to the Department of 
Transportation, pipeline related incidents dropped nearly 80 percent 
between 1975 and 1998, and the loss of product due to accidental 
ruptures has been cut in half. From 1989 through 1998, pipeline 
accidents resulted in about 22 fatalities per year--far fewer than the 
number of fatal accidents experienced among other modes of 
transportation. But this record should not be used as an excuse for 
inaction on legislation to strengthen pipeline safety.
  The Office of Pipeline Safety, OPS, within the Department of 
Transportation's, DOT, 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 3,000 gas pipeline operators with 
more than 1.6 million miles of pipeline. It also regulates more than 
200 hazardous liquid operators with 155,000 miles of pipelines. Given 
the immense array of pipelines that traverse our nation, 
reauthorization of our pipeline safety programs is critical to the 
safety and security of thousands of communities and millions of 
Americans nationwide.
  Early attention by the Senate demonstrates our firm commitment to 
improving pipeline safety. I will continue to do all I can to advance 
pipeline safety legislation this year. When the Senate considers an 
Energy bill in the upcoming days or weeks, I intend to offer S. 235 as 
an amendment to it. I hope my colleagues will join with me in 
demonstrating their strong support for addressing identified pipeline 
safety lapses and will vote for this amendment.
  I remain hopeful that Congress as a whole will finally act before we 
receive another call to action by yet another tragic accident. Action 
is needed. It is needed now.

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