Who We Are Republican Views Newsroom Documents Archives Subcommittees Search the site Home

Reauthorization of the Natural Gas Pipeline Safety Act and the Hazardous Liquid Pipeline Safety Act

Subcommittee on Energy and Air Quality
March 19, 2002
2:00 PM
2318 Rayburn House Office Building 

 

Mr. Edward C. Sullivan
President Building and Construction Trades Department
AFL-CIO
815 16th Street, NW
Suite 600
Washington, DC, 20006

On behalf of the three million members and fourteen affiliated unions of the Building and Construction Trades Department, I am pleased to be here to help inform this committee about the current status of the pipeline industry.  Let me take this opportunity to thank Chairman Tauzin, Ranking Member Dingell, Subcommittee Chairman Barton and Ranking Member Boucher for holding this hearing.   Our workers care very deeply about passing an effective pipeline safety bill that will protect the public, pipeline workers and the environment from pipeline accidents and from new national security threats. 

The Building Trades represent a large contingent of workers in different crafts who work on and around pipelines.  They construct, operate and maintain gas, oil, and other pipelines all over the country.  It is critically important to our workers that these pipelines are safe and secure.  Unfortunately, after the events of September 11, protection of the pipelines and their related facilities from terrorist attack has become a new concern.  The Building Trades men and women who work on pipelines have one priority: safety.  We want to protect our country's pipelines from new terrorist threats, and protect communities from future accidents like the tragedies that occurred in Bellingham, Washington and New Mexico. 

While the Building Trades is actively working with Congress to help shape the best pipeline safety bill possible, today I'd like to talk about our biggest safety concerns.  I request that the committee please enter my entire statement into the record even though I won't have time to speak to all the aspects of the bill today.

In general, a worker on a pipeline will tell you that standards issued by the Office of Pipeline Safety are good enough.  The problem lies in the enforcement.  More enforcement is needed to make sure that pipelines are tested for leaks, but more importantly that they are tested for integrity. 

When a leak is detected, pipeline companies notify a contractor with whom they have an agreement to do repair work.  The contractor is usually called out to replace only the section of the line that is leaking and not the entire line.  This often leaves our members wondering, when will they be called on to fix the other sections of the same pipeline? 

Although leaks often pose a threat to public safety, when a pipeline rupture occurs human lives are put at risk.  A pipeline will come apart when its integrity fails.  When you have products flowing through a pipe that has a compromised integrity, at a high pressure, heat is created and an explosion is imminent.

The best means of testing the integrity of a pipeline is called hydrostatic testing. This is accomplished by purging the section of pipe to be tested and then filling the pipe with water and putting it under a constant pressure for a specified number of hours.   Pipeline companies will complain, that this test is costly, it will shut a line down and interrupt service, it will put pressure on the pipe that is above its normal operating pressure and may damage the pipe. These are all true.  If the pipe is damaged however, it's because the pipe's integrity was failing. But wouldn't the members of this committee rather have water spilling out of a weak and deteriorating pipe than have it blow up, and only then find out that the integrity was failing?  This test will tell you if the pipe's integrity is in good condition.  The pipeline in Bellingham, Washington had been tested weeks before the pipe ruptured by a smart pig testing device.  A pig test only reveals corrosion and leaks, it does not conclusively tell an operator how the integrity of the pipeline is holding up.

A pipeline's integrity must be tested.  Testing for leaks only is not sufficient. Over half of the nation's pipelines were originally constructed before 1970.  Those lines are subject to both internal and external corrosion and their integrity must be periodically checked.  The Building Trades supports required periodic inspections of pipelines that look for leaks and integrity failures. The Building Trades is also aware of the major cost factor to the operating companies to do this type of testing. We are therefore also suggesting for the safety of U.S. Citizens and in these times of uncertainty the U.S. Government should give these pipeline operators some type of incentive or tax relief to perform these tests on a periodic basis.

Pipelines are now a national security issue because there are approximately 2.2 million miles of them in the United States.  They are a unique national security concern because many of them run underneath communities and the above ground pumping stations are visible with little protection.  Just as in New York City when the planes struck the twin towers, construction workers from all over New York State dropped their tools to help with rescue and recovery, if a pipeline were to be attacked, our members would again be rushing to the site to help with rescue and recovery.  Our members know how to clear away debris, shut down a pipe, and repair it to restore product flow. 

If a pipeline in upstate New York was blown up by terrorists in the middle of winter, thousands of people would go without heat until the pipeline operators and constructors could repair the lines to restore service. How long would it take to repair the line and restore full service?  The answer to that question depends on the cooperative response of local fire fighters, federal, state and local emergency management officials and the area's pipeline workers. 

Currently, we are not aware of coordinated response plans already in place in the majority of this country's communities.  If such an attack were to take place, we would have difficulty responding because of the following obstacles.  Only pipeline workers who are certified to work on that company's pipeline would be allowed to do the repair work.  (Workers on a nearby line employed by another company would not be able to help because they are not certified by that company to work on their lines, this presents the problem of having enough workers immediately on the scene.)  Chances are, that replacement pipe would not be nearby and would take time to locate and retrieve.  Large volumes of tools and operating equipment would have to be easily accessible and a plan to redirect product flow would need to be in place.  These are just a few of the immediate concerns that would have to be dealt with for an effective response.  

The Building Trades believes that emergency response teams need to be assembled and coordinated as soon as possible.  Building Trades men and women and contractors working on pipelines today are ready and willing to work with officials to enhance safety around pipelines and to create emergency response plans.  We believe that the new Office of Homeland Security should be consulted and involved in helping communities create emergency plans and response teams. To aid this effort, we would like to see national standards put in place for workers that would give them certification to work on different company lines during an emergency.

The Building Trades strongly urges Congress to pass a pipeline safety bill as soon as possible.  Our members fear that without better enforcement for testing pipeline integrity and detection of leaks another explosion will certainly happen again.  Emergency response teams must also be coordinated immediately, around the country, to help prevent terrorist attacks on pipelines and to create swift and effective responses to such attacks.

The Building Trades are committed to making sure this country's pipeline infrastructure is operated properly, safely and is protected from national security threats.  As pipeline legislation evolves in the House, we look forward to working with the members of this committee to pass the best pipeline safety bill possible. 

Thank You.

 

The Building and Construction Trades Department is committed to working with Members of Congress to make sure that all pipelines are safe and secure.  To craft the best pipeline safety bill possible and in order to take steps to protect our pipelines from new threats, the Building Trades would like to see a pipeline safety bill pass the House that includes the following provisions. 

  • Required periodic inspections of pipelines, with priority going to those lines that are at the greatest threat to life and property (based on proximity to persons and property, age, and time since last inspection).  The use of independent third party inspectors should be encouraged to help do inspections. Congress should consider setting up a system of monetary incentives to help operators perform efficient, periodic inspections. 

  • Community right to know, worker right to know and emergency preparedness provisions must be included.  Municpalities must have secure access to maps of local pipelines. 

  • Whistleblower protections for employees.  This is already included in the McCain-Murray bill and must be included in a House passed bill.  

  • We support the certification of safety programs and standards; in addition individual employees performing safety-sensitive work on pipelines should also be certified. We also support a national standard to certify workers to work on any line in case of an emergency. 

  • Pipeline Integrity Management Programs that include the best leak detection technologies and detection for integrity failures.  The Secretary of Transportation needs to continue with or initiate further research and development to identify innovative technology that can aid in leak detections and in detecting pipeline integrity failures. 

  • Federal studies to recommend and implement solutions for the multifaceted problems of population encroachment.  There need to be adequate amounts of pipeline right-of-way so that pipeline construction, operation and maintenance work may be performed safely.  This should also be taken into consideration in future planning and permitting processes. 

  • Language that would give the Secretary of Transportation, in consultation with the Office of Homeland Security, the authority to work with industry, labor, communities, federal and state agencies to implement new safety and security measures in light of the new threats to our nation's energy infrastructure after September 11. 

  • Increased security around pumping stations and metering facilities is a must.  There also needs to be a special team of people from the pipeline crafts to assist along with the firefighters and state, local, and federal officials in drafting a plan to help control and repair any problems that may arise.  Based on the recent experience with key building trade craft unions at the World Trade Center and at the Pentagon, we know first hand many of the problems which arise for emergency first responders. 

  • The Building Trades recommend that this Committee consider amending Section 4(b) of the Accountable Pipeline Safety and Partnership Act of 1996, 49 U.S.C. 60102(b), so that it provides that the courts may not review a minimum safety standard adopted by the Office of Pipeline Safety solely on the basis of the standard's satisfaction of the cost-benefit analysis requirement.  In 1996, Congress adopted a requirement that the Office of Pipeline Safety must perform a risk assessment and a cost-benefit analysis whenever it prescribes a new minimum safety standard.  Cost-benefit analysis is an inappropriate means of controlling federal administrative agencies, because such provisions often require estimates of hard-to-measure things like human lives and environmental amenities. The Building Trades are concerned about the effect that the cost-benefit analysis requirement in the current pipeline safety statute has on the ability of the Office of Pipeline Safety effectively to prescribe minimum safety standards at all. That is, there is nothing in the current pipeline safety statute that prohibits judicial enforcement of the cost-benefit analysis requirement. Consequently, the single greatest impediment to the adoption of a minimum safety standard may well be the threat of judicial challenge by opponents of the standard. This proposed change in the law would enable Congress and the President to retain control over the agency's incentives to comply with the cost-benefit analysis requirement rather than leave it to the courts. 

Related Documents

 

Printer Friendly

Comment On This Page

Related Documents

Tipline: Report Waste, Fraude, and Abuse
Majority Site