[Weekly Compilation of Presidential Documents Volume 36, Number 45 (Monday, November 13, 2000)]
[Pages 2772-2774]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Pipeline Safety

November 3, 2000

Memorandum for the Secretary of Transportation

Subject: Pipeline Safety

    Over 2 million miles of oil and gas pipeline crisscross our country. 
These pipelines help transport the products that fuel our cars and heat 
our homes. While the safety record of our Nation's pipeline system is 
strong, accidents still occur. That is why we need to continue our 
efforts to improve pipeline safety nationwide.
    Preventing pipeline failures is imperative to protecting our 
communities and our natural resources. These failures can damage the 
environment, contaminate our drinking water, threaten the safety of our 
communities, and put human lives at risk. The tragic accidents that 
recently occurred near Carlsbad, New Mexico, and in Bellingham, 
Washington, profoundly underscore the need for stronger pipeline safety 
measures. We simply cannot allow these fatal tragedies to be repeated.
    To improve pipeline safety, the Department of Transportation (DOT or 
Department) has worked diligently to curb third-party damage, one of the 
leading causes of pipeline failures today. As a result, incidents caused 
by third-party damage have been reduced by 30 percent. In addition, to 
help prevent spills, DOT has sponsored research to develop new 
inspection technologies that find dents and other excavation damage. The 
Department has also increased pipeline protections by requiring improved 
corrosion control, and is working on the first comprehensive National 
Pipeline Mapping System. This important new mapping tool will provide 
States, communities, and the public with the information they need to 
better protect themselves, their families, and their environment.
    Although my Administration has made progress in addressing important 
pipeline safety and environmental concerns, we also recognized the need 
for a more focused statutory direction in this area. In an effort to 
improve our Federal pipeline safety program, my Administration proposed 
comprehensive pipeline safety legislation in April of this year. The 
``Pipeline Safety and Community Protection Act of 2000'' was developed 
to address five basic principles: (1) improve pipeline safety standards, 
(2) strengthen enforcement of pipeline safety laws and regulations, (3) 
enhance Federal-State partnerships, (4) provide the public with better 
information and opportunities to participate, and (5) support research 
and development of innovative pipeline safety technologies. Despite 
significant efforts, the Congress has not passed comprehensive pipeline 
safety legislation this year. My Administration continues to support 
efforts by the Congress to strengthen our Federal pipeline safety law to 
address the five key principles outlined above. In the interim, however, 
we are prepared to take action to fulfill these principles to the 
greatest extent possible using existing authorities.
    As an example, I am pleased that today, the Administrator of the 
Research and Special Programs Administration is signing a new regulation 
that will greatly enhance pipeline safety measures in areas sensitive to 
damage from hazardous liquid pipeline accidents. This regulation will 
provide additional safeguards for populated areas, environmentally 
sensitive areas, and commercially navigable waterways. Under the new 
integrity management programs required by this regulation, hazardous 
liquid pipeline operators that operate 500 or more miles of pipeline 
will conduct an initial testing of their pipelines within 7 years and 
periodically, in most instances, every 5 years using internal 
inspection, pressure testing, or other equivalent testing technology. 
They will also be required to carry out prompt repairs, and use 
prevention and mitigation measures as necessary to reduce potential 
impacts to safety and the environment.

[[Page 2773]]

    But even more can be done. To help ensure that American in the 21st 
century has the safest pipeline system possible, I am directing you to 
take the following actions to strengthen the Federal pipeline safety 
program and improve pipeline safety nationwide. These actions are based 
on the five principles set forth above, and are to be carried out in 
consultation with the Administrator of the Environmental Protection 
Agency, the Secretary of the Interior, the Secretary of Agriculture, the 
Secretary of Energy, the Attorney General, the Chair of the Council on 
Environmental Quality, and the Director of the Office of Management and 
Budget, as appropriate.
    (1)  Improve pipeline safety standards.  To fulfill requirements of 
Federal pipeline safety law, and in response to recommendations by the 
National Transportation Safety Board and the Department's Inspector 
General, I direct DOT to:
 (a)         issue a final rulemaking within 30 days to define 
            environmentally sensitive areas in which hazardous liquid 
            pipeline operators must develop and follow integrity 
            management plans.
 (b)         develop and begin implementing no later than January 15, 
            2001, a comprehensive plan for further improving hazardous 
            liquid and natural gas pipeline safety standards. This 
            should address the need for additional regulations 
            implementing integrity management programs for all hazardous 
            liquid pipeline operators and natural gas transmission 
            pipeline operators. The plan should also include a schedule 
            for the prompt proposal of regulations for adequate 
            corrosion control of hazardous liquid and natural gas 
            pipelines, including cathodic protection. Appropriate new 
            standards should be developed through notice and comment 
            rulemaking, in accordance with all applicable Executive 
            Orders, and in consultation with other Federal departments 
            and agencies, States, tribes, industry, labor, pipeline 
            safety advocates, environmental organizations, and the 
            public; and
 (c)         ensure that integrity management programs and operator 
            qualification programs are thoroughly reviewed by the 
            Department. These reviews should examine whether operators 
            are using internal inspection, leak detection, and emergency 
            flow restricting devices, where necessary, as a part of 
            their integrity management programs. If, after reviewing an 
            integrity management program, you determine that a program 
            is inadequate for ensuring the safe operation of a pipeline 
            facility, you should use existing authorities to require 
            that the operator revise the program accordingly, including 
            requiring the use of internal inspection devices where 
            appropriate. If, after reviewing an operator qualification 
            program, you determine that a program is inadequate for 
            ensuring the safe operation of a pipeline facility, you 
            should use existing authorities to require the operator to 
            revise the program accordingly, including requiring the use 
            of examination or testing methods beyond the observation of 
            on-the-job performance.
    (2)  Strengthen enforcement of pipeline safety laws and regulations. 
 To improve the enforcement of pipeline safety laws and regulations, and 
in accordance with the recommendations of the General Accounting Office, 
I direct you promptly to assess the efficacy and current use of all 
enforcement tools available to the Office of Pipeline Safety. Based on 
the findings of this assessment, and in coordination with the Attorney 
General, you should begin developing a policy designed to ensure strong, 
consistent, and effective enforcement of pipeline safety standards and 
compliance, including deterring noncompliance, with pipeline safety 
regulations.
    (3) Enhance Federal-State partnerships.  Building on existing 
experience and considering input already received from State regulators, 
I direct you to issue guidelines, within 60 days, outlining 
opportunities and responsibilities for States to participate in the 
oversight of interstate pipelines. Under these guidelines, States should 
be allowed to participate in new construction and incident 
investigation, as well as additional oversight of interstate pipeline 
transportation that will

[[Page 2774]]

add to overall pipeline safety and address local concerns. In addition, 
under these agreements, States should be allowed to participate in the 
review of integrity management, operator qualification, and damage 
prevention programs.
    (4) Provide the public with better information and opportunities to 
participate.  To improve public right-to-know and opportunities for 
public involvement while promoting safety, I direct you to initiate 
activities, including development of a comprehensive plan, that expand 
public participation in pipeline decisions and provide increased access 
to gas and hazardous liquid pipeline data and information. The 
comprehensive plan should include a schedule for developing any 
necessary rulemakings or guidance, and should provide for:
 (a)         improved public access to safety-related condition reports, 
            pipeline incident reports, integrity management programs, 
            and operator qualification programs, including access 
            through the internet, annual reports, and other methods as 
            appropriate;
 (b)         collection of more complete and detailed information on the 
            causes of accidents, thereby facilitating better trends 
            analysis and helping to prevent future accidents. 
            Specifically, you should improve accident reporting forms as 
            soon as possible for both hazardous liquid and natural gas 
            pipelines by expanding causal categories and clarifying 
            instructions so that data submissions are more consistent 
            and accurate; and
 (c)         assistance to communities to help them more effectively 
            address their pipeline safety concerns, including the 
            potential availability of a limited number of technical 
            assistance grants, subject to the availability of 
            appropriations.
    (5) Supporting research and development of innovative pipeline 
safety technologies.  In coordination with the Secretary of Energy, I 
direct you promptly to initiate a process to seek advice and 
consultation from other Federal and State agencies, academia and 
research institutions, industry, pipeline safety advocates, 
environmental organizations, and other stakeholders on the development 
and implementation of a cooperative program of research and development. 
Based on this consultation, you should develop and begin implementing a 
cooperative program to establish research priorities, coordinate and 
leverage research funding, and maximize efforts for ensuring pipeline 
integrity. This program should address the need to:
 (a)         expand internal inspection device capabilities to identify 
            and measure defects and anomalies, including automated 
            internal pipeline inspection sensor systems;
 (b)         inspect pipelines that cannot accommodate internal 
            inspection devices, including structural integrity 
            measurement;
 (c)         develop and improve technologies to identify, monitor, and 
            prevent outside force damage, including satellite 
            surveillance;
 (d)         improve corrosion control and prevention methods;
 (e)         expand leak detection; and
 (f)         ensure public safety and environmental protection in other 
            related ways.
    The Department of Transportation shall implement this memorandum 
consistent with its appropriations and to the extent permitted by law.
    This memorandum is not intended to create any right, benefit, or 
trust responsibility, substantive or procedural, enforceable at law or 
equity by a party against the United States, its agencies, or 
instrumentalities, or any other person.
                                            William J. Clinton

 Note:  This item was not received in time for publication in the 
appropriate issue.