Keystone Xl Pipeline Act
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I know my colleagues are coming to the floor to talk about various amendments. It is likely that on Tuesday we will start voting on at…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I know my colleagues are coming to the floor to talk about various amendments. It is likely that on Tuesday we will start voting on at least the pending amendments we have discussed so far. I come to the floor today to talk about the proposal by TransCanada Corporation and about the fact that, obviously, there are some here who want to give an expedited approval to that and usurp the President, who needs to review this project in detail to make sure we understand the interests of various people, property owners, and people affected by the pipeline.
One particular issue in this debate is why Congress should be hurrying to give a special interest permitting go-ahead while the President still has issues to address and as do the local communities. I know many of my colleagues are going to come to the floor to talk about those special interest concerns, as well as the issues of energy efficiency, property rights, climate change, and a whole host of priorities. But I am here today to talk about an issue I think is particularly important, which is the fact that tar sands has a loophole and doesn't pay into the oilspill liability trust fund.
Both of my colleagues, Senator Markey and Senator Wyden, are going to be putting forward amendments to close this loophole. As a country we have made sure the taxpayers aren't stuck with the tab of cleaning up oil spills. The principle behind that is to keep our waters safe and to keep our communities from paying the cost of this pollution. It means really to have commonsense laws on the books providing that polluters pay for cleanup. So that is the principle that drives the oilspill liability trust fund. It is something we have had in place for a while.
Basically, what the oilspill liability trust fund means is simply that American taxpayers won't be left holding the bag for the responsibility of spills that happen. We currently in law have a loophole that means that companies that produce the tar sands don't have to pay into the trust fund. That is because they are considered as synthetic petroleum. So just by the definition, they basically have had a loophole. It is important to me, as the United States considers whether a pipeline should be built across our country that would include these tar sands, which is very thick and heavy material and it is often diluted with lighter oil so it can be easier to handle. But when the spills happen, and it spills in water as we saw with the Kalamazoo spill, it leaves a thicker oil behind that usually sinks to the bottom of the water. That makes it hugely expensive to clean up and really almost nearly impossible to clean up.
These concerns are driving us to make sure that as the United States and Canada continue to look at tar sands production, we are getting the technology in place to deal with this and to get the job done and to make sure that those who are liable for those
kinds of spills are actually paying into a fund that would help clean up the mess.
That is why it is so important that the Senate take up action on one of these amendments, so that we will be paying into the oilspill liability trust fund for any pipeline that is carrying this crude material.
I want to go back to why this trust fund was created and why it was so important. The oilspill liability trust fund was created in 1986 as part of the Comprehensive Environmental Response and Liability Act. This bill was signed by President Reagan, but it took 4 more years and a major disaster before the country actually funded the oilspill liability trust fund, and that disaster was Exxon Valdez. My colleague from Alaska will be on the floor later today, and I am sure she could talk a lot about this issue as well. I had many conversations with the late Senator Ted Stevens about this issue, and there were various times when we increased payments into the oilspill liability trust fund. When one comes from the State of Washington and Pacific waters and when one comes from Alaska, how we clean up these oil spills is incredibly important to our economies.
What happened in 1989 is that an oil tanker hit a reef and ended up spilling 11 million gallons of crude oil. It didn't take long for those pristine waters of Prince William Sound in Alaska to be impacted. So the impacts of the Exxon Valdez disaster were devastating not just to Prince William Sound but to the entire Pacific Northwest, and the total cost of that cleanup was $2.5 billion.
Ten years ago, a Federal judge ordered Exxon to pay $6.7 billion to thousands of Alaskans affected by that oil spill. Fishermen in the Northwest lost more than $300 million as a result of that oil spill. At the time, the livelihood of individuals was impacted and, obviously, the wildlife was impacted. It killed sea otters, harbor seals, and approximately 250,000 birds. The images of all this wildlife are seared into our memories even 25 years after the spill.
When the gulf spill just recently happened, we revisited a lot of those issues because we wanted to make sure we were getting things right. It was very interesting to see the environmental effects years later and some of the things that still had not recuperated from the oil spill in Prince William Sound.
In 1990 Congress passed the Oil Spill Pollution Act, and it was signed into law by President Bush. It added sweeping improvements to the oil spill response and held parties responsible. It established the mechanism actually to invest in the oilspill liability trust fund. Specifically, the bill said: Let's have a per-barrel tax to raise the revenue for the fund. So today that is an 8 cents per-barrel tax on oil products.
As I mentioned, this was signed into law by President Bush, who specifically praised the funding of the oilspill liability trust fund. He said that ``the prevention, response, liability, and compensation components fit together into a compatible and workable system that strengthens the protection of our environment.''
The reason I am bringing that up is because if the oilspill liability trust fund was good enough for oil products promoted by a Republican President, then it ought to be good enough for us in Congress to add tar sands. That literally was just not thought of under the current definition because of the way the definition was written. Because it is a synthetic fuel, they have a loophole. It is a question whether we are going to close this loophole or whether we are going to let them pay zero into the trust fund.
The fund is used to pay for immediate cleanup costs and spills in navigable waters. This is a very important point. Some people would say: Well, aren't people just liable for their own mess, and why don't they just clean it up?
I can tell you that in trying to protect Puget Sound and trying to clean up the waters off the coast of Washington, you might think it would be easy to figure out where the oil came from. It is not. When you have a busy waterway like Puget Sound, and all of a sudden somebody sights an oil slick or oil product in the water, they don't know how serious it is. It takes months and months, sometimes years, to figure out where the pollution came from.
Yes, in the case of Exxon Valdez we had a ship that hit a reef and caused a problem. But in many cases, sometimes you don't know where the spill is coming from. A lot of people will say: Well, it wasn't us. Or they start this process. An oil spill needs an immediate response, and that is why we established the oilspill liability trust fund--to have an immediate response so that we are not sitting around waiting for weeks and months to figure out who did the oil spill, and so somebody can start the process immediately and work with the Coast Guard to actually clean it up.
You would think this doesn't happen that frequently, but it happens a lot more frequently than people realize. That is why an immediate fund is important, and that is why everybody who is producing oil should pay into it. Yet there is a loophole in the law, so the per-barrel tax doesn't apply to tar sands.
In 2011 the IRS issued a ruling stating that the tar sands imported into the United States were not subject to the excise tax on petroleum. The ruling was actually based on a 1980 House Ways and Means Committee report that crude oil does not include tar sands. As I said earlier, it is considered synthetic. Therefore, according to the IRS, it is not subject to the tax.
We should simply clean this up and have those responsible for their mess also be responsible for paying in to clean it up. When the oilspill liability trust fund was established, it was intended to be a mechanism for all oil spills--not the definition of oil as a product.
Congress should fix this next week when we vote on this legislation and figure out exactly how to make sure the Commandant of the Coast Guard would have the tools to deal with this.
I, too, have concerns about the fact that we don't really have the tools yet to accurately clean up tar sands. When the Commandant of the Coast Guard was before a commerce hearing just a year ago--because I have a great deal of concern about the moving of this product on a variety of transportation means--I asked him about tar sands because the last thing we want to see is product out on our waterways. He said: Our technology is not as sophisticated when you have tar sands. They are heavier, they sink into the water, into the ocean bottom, so it is a challenge for us. Once it settles on the sea floor, our technology is lacking in that regard.
Basically, I am finding that some of the dirtiest oil out there does not pay into the oilspill trust fund, and we don't even have the mechanisms for cleaning up. Unfortunately, we learned that lesson very hard in the 2010 Enbridge pipeline, which was owned by another Canadian company, along the Kalamazoo River in Michigan. It ruptured, and it spilled 1 million gallons of tar sands into the river.
This is a picture of that cleanup and the process, which was $1.2 billion that was spent. So for those of you who don't know Kalamazoo, it was an incredible economic, environmental, and historic issue for the people of Michigan. The river was closed for business for 18 months after that spill. More than 35 miles of the river had to be off limits because it was difficult to clean up.
Today, 4 years later, they are still impacted. As I said, the cost was $1.2 billion because they had to dredge the bottom of the river. So any oil spill of that magnitude is damaging. Yet, when we look at this issue, the fact that these tar sands were sinking to the bottom made that dredging even more serious.
It is the reason why we need to make sure these tar sands are taxed just as any other oil that is produced in the United States and pays into this trust fund. A Cornell University study found that ``this spill affected the health of hundreds of residents, displaced residents, hurt businesses, and caused a loss of jobs'' in Kalamazoo. This study is located online at: https://www.ilr.cornell.edu/sites/ ilr.cornell.edu/files/GLI_Impact-of-Tar-Sands-Pipeline-Spills.pdf.
I think it is just the start of what the challenges will be for us when we allow this kind of tar sands development to move through the United States. Our spill responders are very skilled. First, they know we need to do everything we
can to prevent spills, to begin with. They are developing technologies to respond to the case of an emergency. They are doing everything they can to use this trust fund.
So we need to make sure we are having those who are producing this product pay into the trust fund. We need to make sure we are closing this loophole. So my colleagues--as I said, Senator Wyden and Markey-- have been working on this issue for some time. Senator Wyden, the ranking member on the Finance Committee, I know he feels very strongly they should be paying into the oil spill liability trust fund and paying their fair share of revenue. I know Senator Markey has worked on this issue in the House of Representatives before coming to the Senate.
So we need to make sure people understand that dredging is not good enough, that our country needs a plan, that we need not just to rush through this pipeline and basically to think that we have all of the technology, all of the methods, all of the appropriate emergency funds to clean this up. We need to make sure we are not sitting here arguing with a company--a Canadian company--that just wants us to clean up the mess and leave the U.S. taxpayer paying the bill.
In fact, there was some debate in the Kalamazoo spill whether the Enbridge company had hit their liability cap and so the trust fund should pay for it, even though they never paid into the trust fund.
So are we going to let the American taxpayers clean up a Canadian oil mess at our expense--that we paid in--and everybody is affected by that? I think we should slow down this process and make sure we are getting things like the oil spill liability trust fund right and that we are getting this added to this legislation before it moves out of the Senate.
I know my colleagues will get a chance to look at this next week. As I said, we will probably start voting early next week on some of these amendments that are being offered. But I hope my colleagues will close these loopholes and make sure that the U.S. citizen and taxpayer is not left on the hook paying for oil spill responsibility that should be the responsibility of these individual companies. I know we are expecting some of our other colleagues to come to the floor shortly to speak on their amendments.
I yield the floor, and I suggest the absence of a quorum.