Northern Route Approval Act
Floor Speech
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Mr. COHEN. This amendment would require that TransCanada and any future owner-operator of the Keystone XL pipeline, if there be one, submit its oil spill response plan to the Governor of each State in which the pipeline operates.
I'm well aware that current law requires the Department of Transportation to maintain on file current copies of oil spill response plans and provide any person a copy of that plan. However, those copies are allowed by law to exclude certain information like specific response resources, tactical resource deployment plans, and information on worst-case scenario discharges.
I understand there are concerns about broad distribution of these plans and this proprietary information, but those concerns should not apply to Governors of the States--people like Mary Fallin and Nathan Deal, who many of us have served with--States that this very pipeline would run through. These States have the right to evaluate oil spill response plans in detail, integrate it into their respective emergency management systems, and then provide the necessary resources for appropriate emergency response plans. Reliance upon some redacted plan they would receive from the Federal Government is not adequate. People's lives and livelihoods are at stake, and locals work together on these situations.
Nor should those Governors be expected to wait until a spill has occurred when they are already in the process of sending first responders into harm's way to receive a copy of the full plan from TransCanada, which is, by law, the only time the company is required to share that unredacted version with the State government.
South Dakota was wise enough to realize the problems with these regulations. The State enacted legislation to mandate receipt of the plan prior to operation of the pipeline. The other States should not have to jump through any hoops just to obtain the information they need in order to provide appropriate emergency response to dangerous situations to protect their citizenry.
When I offered this amendment in the Transportation and Infrastructure Committee, my esteemed colleague, the Honorable Chairman Shuster, recognized the need to balance access to these response plans with the need to protect sensitive information from becoming public, and I think this amendment strikes that proper balance by limiting access to the Governors. He offered to work with me on the issue on a future appropriation bill, and I appreciate that kind offer. While I look forward to that partnership, and I commend the chairman for his work to address the issue on the Pipeline Safety Act of 2011, this amendment would improve this Keystone pipeline situation today. We can't wait for some possible future legislation when the likelihood of a spill and the risk to public safety is so great now.
Potential effects of a Keystone XL spill could be devastating. The truth of the matter is that this pipeline is unprecedented, it's dangerous, and there will be spills. Refraining from arming our States with readily available information in order to respond adequately and safely would not be responsible.
Mr. Cha Mr. COHEN. This amendment would require that TransCanada and any future owner-operator of the Keystone XL pipeline, if there be one, submit its oil spill response plan to the Governor of each State in which the pipeline operates.
I'm well aware that current law requires the Department of Transportation to maintain on file current copies of oil spill response plans and provide any person a copy of that plan. However, those copies are allowed by law to exclude certain information like specific response resources, tactical resource deployment plans, and information on worst-case scenario discharges.
I understand there are concerns about broad distribution of these plans and this proprietary information, but those concerns should not apply to Governors of the States--people like Mary Fallin and Nathan Deal, who many of us have served with--States that this very pipeline would run through. These States have the right to evaluate oil spill response plans in detail, integrate it into their respective emergency management systems, and then provide the necessary resources for appropriate emergency response plans. Reliance upon some redacted plan they would receive from the Federal Government is not adequate. People's lives and livelihoods are at stake, and locals work together on these situations.
Nor should those Governors be expected to wait until a spill has occurred when they are already in the process of sending first responders into harm's way to receive a copy of the full plan from TransCanada, which is, by law, the only time the company is required to share that unredacted version with the State government.
South Dakota was wise enough to realize the problems with these regulations. The State enacted legislation to mandate receipt of the plan prior to operation of the pipeline. The other States should not have to jump through any hoops just to obtain the information they need in order to provide appropriate emergency response to dangerous situations to protect their citizenry.
When I offered this amendment in the Transportation and Infrastructure Committee, my esteemed colleague, the Honorable Chairman Shuster, recognized the need to balance access to these response plans with the need to protect sensitive information from becoming public, and I think this amendment strikes that proper balance by limiting access to the Governors. He offered to work with me on the issue on a future appropriation bill, and I appreciate that kind offer. While I look forward to that partnership, and I commend the chairman for his work to address the issue on the Pipeline Safety Act of 2011, this amendment would improve this Keystone pipeline situation today. We can't wait for some possible future legislation when the likelihood of a spill and the risk to public safety is so great now.
Potential effects of a Keystone XL spill could be devastating. The truth of the matter is that this pipeline is unprecedented, it's dangerous, and there will be spills. Refraining from arming our States with readily available information in order to respond adequately and safely would not be responsible.
Mr. Chairman, I appreciate this time. This issue is important, and it demonstrates Congress's respect for Governors and State governments and the men and women who risk their lives to protect us every day, the first responders. With that, I urge my colleagues to support the amendment.
I reserve the balance of my time.
irman, I appreciate this time. This issue is important, and it demonstrates Congress's respect for Governors and State governments and the men and women who risk their lives to protect us every day, the first responders. With that, I urge my colleagues to support the amendment.
I reserve the balance of my time.
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