HR 4276 IH
H. R. 4276
To amend title 49, United States Code, to provide for enhanced safety and environmental protection in pipeline transportation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 13, 2000
April 13, 2000
Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. FRANKS of New Jersey, and Mr. WISE) (all by request) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend title 49, United States Code, to provide for enhanced safety and environmental protection in pipeline transportation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the ‘Pipeline Safety and Community Protection Act of 2000’.
(b) Amendment of Title 49, United States Code- Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code.
(c) TABLE OF CONTENTS-
Sec. 1. Short title; amendment of title 49, United States Code; table of contents.
Sec. 2. Additional pipeline protections.
Sec. 3. Community right-to-know and emergency preparedness.
Sec. 4. Enforcement.
Sec. 5. Underground damage prevention.
Sec. 6. Enhanced ability of States to oversee operator activities.
Sec. 7. Improved data and data availability.
Sec. 8. Enhanced investigation authorities.
Sec. 9. International authority.
Sec. 10. Risk management demonstration program.
Sec. 11. Support for innovative technology development.
Sec. 12. Authorization of appropriations.
SEC. 2. ADDITIONAL PIPELINE PROTECTIONS.
(a) Section 60109 is amended by adding at the end the following new subsection:
‘(c) OPERATOR’S RISK ANALYSIS AND PROGRAM FOR INTEGRITY MANAGEMENT-
(1) GENERAL REQUIREMENT- Within 1 year after the Secretary, in consultation with the Administrator of the Environmental Protection Agency, establishes criteria under subsection (a)(1) of this section, an operator of a natural gas transmission pipeline facility or hazardous liquid pipeline facility shall evaluate the risks to the operator’s pipeline facility in the areas identified by these criteria and shall adopt and implement a program for integrity management that reduces the risks in those areas.
‘(2) STANDARDS FOR PROGRAM- An operator shall include at least the following in the program for integrity management:
‘(A) Internal inspection or another equally protective method, such as pressure testing, that represents use of the best achievable technology and that directly assesses the integrity of the pipeline on a periodic basis that is commensurate to the risk to people and the environment of the pipeline being inspected.
‘(B) Clearly defined criteria for evaluating and acting on the results of the inspection or testing done under subparagraph (A).
‘(C) An analysis on a continuing basis that integrates all available information about the integrity of the pipeline or the consequences of a release.
‘(D) Prompt actions to address integrity issues raised by the analysis required by subparagraph (C).
‘(E) Measures that prevent and mitigate the consequences of a release and, in the case of a release of a hazardous substance or discharge of oil, are consistent with the National Contingency Plan, including leak detection, integrity evaluation, emergency flow restricting devices, and other prevention, detection, and mitigation measures that are appropriate for the protection of human health and the environment.
‘(F) Consideration of the consequences of hazardous liquid releases.
‘(3) CRITERIA FOR PROGRAM STANDARDS-
‘(A) In deciding how frequently the inspection or testing under subparagraph (2)(A) must be conducted, an operator shall take into account the potential for the development of new defects, the operational characteristics of the pipeline, including age, operating pressure, block valve location, and spill history, the location of areas identified under subsection (a)(1), any known deficiencies of the method of pipeline construction or installation, and the possible flaw growth of new and existing defects. In considering the potential for development of new defects from outside force damage, an operator shall consider information available about current or planned excavation activities and the effectiveness of damage prevention programs in the area.
‘(B)(i) An operator shall adopt standards under this section that provide an equivalent minimum level of protection as that provided by the applicable level established by national consensus standards organizations.
‘(ii) An operator shall implement pressure testing and other integrity management techniques in a manner that does not increase environmental or safety risks, such as by use of petroleum for pressure testing.
‘(4) AUTHORITY FOR ADDITIONAL STANDARDS- The Secretary shall prescribe additional standards to direct an operator’s conduct of a risk analysis or adoption or implementation of a program for integrity management. These standards shall address the type or frequency of inspection or testing required, the manner in which it is conducted, the criteria used in analyzing results, the types of information sources that must be integrated as well as the manner of integration, the nature and timing of
actions selected to address integrity issues, and such other factors as appropriate to assure that the integrity of the pipeline facility is addressed and that appropriate mitigative measures are adopted to protect areas identified under subsection (a)(1). The Secretary may also prescribe standards that require an owner or operator of a natural gas transmission or hazardous liquid pipeline facility to include in the program of integrity management changes to valves or the establishment or modification of systems that monitor pressure and detect leaks based on the risk analysis the operator conducts, and the use of emergency flow restricting devices.
‘(5) MONITORING IMPLEMENTATION- A risk analysis and program for integrity management required under this section shall be reviewed by the Secretary of Transportation as an element of Departmental inspections, and the analysis and program, as well as the records demonstrating implementation, shall be made available to the Secretary on request under section 60117.’.
(b) Paragraph (2) of section 60102(f) is repealed and section 60102(f)(1) is redesignated as section 60102(f).
(c) Paragraph (2) of section 60102(j) is repealed and section 60102(j)(3) is redesignated as section 60102(j)(2).
(d) Section 60102(e)(2) is amended by adding at the end ‘, not including tanks incidental to pipeline transportation.’.
(e) Section 60102 is amended by adding at the end the following:
‘(m) INTEGRITY MANAGEMENT REGULATIONS-
‘(1) Not later than December 31, 2000, the Secretary shall issue final regulations authorized by this section and sections 60104, 60108, and 60109 for the implementation of an integrity management program by operators of more than 500 miles of hazardous liquid pipelines.
‘(2) Not later than 2 years following the enactment of this subsection, the Secretary shall issue final regulations that extend the requirements imposed by the regulations described in paragraph (1) to every operator of a hazardous liquid pipeline or natural gas transmission pipeline subject to the jurisdiction of this chapter. In the event that the Secretary fails to fulfill this requirement within 2 years, all the requirements imposed by the regulations described in paragraph (1) shall, on the date that is 2 years after the enactment of this subsection, apply to every operator of a hazardous liquid pipeline or natural gas transmission pipeline subject to the jurisdiction of this chapter.
‘(3) Not later than 3 years following the enactment of this subsection--
‘(A) the Secretary shall complete an assessment and evaluation of the effects on safety and the environment of extending all of the requirements mandated by the regulations described in paragraph (1) to additional areas;
‘(B) the Secretary shall promptly make a Secretarial determination as to the effect on safety and the environment of extending the requirements imposed by the regulations described in paragraph (1) to additional areas using the best achievable technology; and
‘(C) based on the determination described in subparagraph (B), the Secretary shall promptly promulgate regulations that would provide measurable improvements to safety or the environment in these areas by extending regulatory requirements at least as protective to these areas.’.
(f) Section 60118(a) is amended by deleting ‘and’ at the end of paragraph (2), deleting the period at the end of paragraph (3) and substituting ‘; and’, and adding at the end the following new paragraph:
‘(4) conduct a risk analysis and prepare and carry out a program for integrity management for pipeline facilities in certain areas as required under section 60109(c).’.
(g) Section 60104(b) is amended by adding at the end the following: ‘unless the Secretary determines that application of the standard is necessary for safety or environmental protection.’.
SEC. 3. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY PREPAREDNESS.
(a) Section 60116 is amended to read as follows:
‘Sec. 60116. Community right-to-know
‘(a) PUBLIC EDUCATION PROGRAMS-
‘(1) Each owner or operator of a gas or hazardous liquid pipeline facility shall carry out a continuing program to educate the public on the use of a one-call notification system prior to excavation and other damage prevention activities, the possible hazards associated with unintended releases from the pipeline facility, the physical indications that such a release may have occurred, what steps should be taken for public safety in the event of a pipeline release, and how to report such an event.
‘(2) Within 1 year of the date of enactment of this section, each owner or operator of a gas or hazardous liquid pipeline facility shall review its existing public education program for effectiveness and modify the program as necessary. The completed plan shall be reviewed by the Secretary of Transportation as an element of Departmental inspections.
‘(3) The Secretary may issue standards prescribing the details of a public education program and providing for periodic review of the effectiveness and modification as needed. The Secretary may also develop material for use in the program.
‘(b) LIAISON WITH STATE AND LOCAL EMERGENCY RESPONSE ENTITIES- Within 1 year of the date of enactment of this section, an operator of a gas transmission or hazardous liquid pipeline facility shall initiate and maintain liaison with the State emergency response commissions, and local emergency planning committees in the areas of pipeline right-of-way, established under 42 U.S.C. 11001 in each State in which it operates. An operator shall, when requested, make available to the State emergency response commissions and local emergency planning committees the information described in section 60102(d), any program for integrity management developed under section 60109(c), and information about implementation of that program and about the risks the program is designed to address. In a community without a local emergency planning committee, the operator shall maintain liaison with the local fire, police, and other emergency response agencies.
‘(c) PUBLIC AVAILABILITY OF REPORTS- The Secretary shall make available to the public a safety-related condition report filed by an operator under section 60102(h) and a report of a pipeline incident filed by an operator under this chapter.
‘(d) ACCESS TO INTEGRITY MANAGEMENT PROGRAM INFORMATION- The Secretary shall prescribe requirements for public access to integrity management program information prepared under this chapter.’.
(b) Section 60116, as amended by subsection (a) of this section, is further amended by redesignating the text of section 60102(c)(4)(A) as paragraph (1) of a new subsection ‘(e) AVAILABILITY OF MAPS- ’, and adding at the end the following new paragraph:
‘(2) Not later than 1 year after the date of enactment of this section, and annually thereafter, the owner or operator of each hazardous liquid pipeline facility shall provide to the governing body of each municipality in which the pipeline facility is located, a map identifying the location of such facility.’.
(c) Section 60116, as amended by subsection (b) of this section, is further amended by redesignating the text of section 60102(c)(4)(B)(i) as paragraph (1) of a new subsection ‘(f) EFFECTIVENESS OF PUBLIC SAFETY AND PUBLIC EDUCATION PROGRAMS- ’ and adding at the end the following new paragraphs:
‘(2) In issuing standards for public safety programs under section 60102(a) or for public education programs under this section, the Secretary shall consider the results of the survey and assessment done under paragraph (1) of this subsection.
‘(3) The Secretary may provide technical assistance to the pipeline industry on developing public safety and public education program content and best practices for program delivery, and on evaluating the effectiveness of the programs. The Secretary may also provide technical assistance to State and local officials in applying practices developed in these programs to their activities.’.
(d) The remainder of subsection 60102(c)(4) is deleted.
(e) The last sentence of subsection 60102(h)(2) is amended to read as follows: ‘Notice of the condition shall be given concurrently to appropriate State officials, including the local emergency responders, and appropriate On Scene Coordinators for the Area Contingency Plan/Sub Area Contingency Plan.’.
(f) Section 60120(c) is amended by adding at the end the following new sentence: ‘In particular, nothing in section 60116 shall be deemed to impose a new duty on State or local emergency responders or local emergency planning committees.’.
(g) The analysis for chapter 601 is amended by striking item 60116 and substituting the following:
‘60116. Community right-to-know.’.
SEC. 4. ENFORCEMENT.
(a) GENERAL AUTHORITY- Section 60112 is amended--
(1) in subsection (a), by striking all after ‘if the Secretary’ and substituting the following:
‘(1) operation of the facility is or would be hazardous to life, property, or the environment; or
‘(2) the facility is or would be constructed or operated, or a component of the facility is or would be constructed or operated, with equipment, material, or a technique that the Secretary decides is hazardous to life, property, or the environment.’;
(2) in subsection (d), by striking ‘is hazardous’ and substituting ‘is or would be hazardous’; and
(3) by adding at the end the following:
‘(f) OPTIONAL WAIVER OF NOTICE AND HEARING REQUIREMENTS- If the Secretary decides that a facility may present a hazard under subsection (a)(1) or (2), the Secretary may waive the notice and hearing requirements in subsection (a) and request the Attorney General to bring suit on behalf of the United States in an appropriate district court to obtain an order to restrain the operator of the facility from such operation, or to take such other action as may be necessary, or both.’.
(b) CIVIL PENALTIES- Section 60122 is amended--
(1) in subsection (a)(1)--
(A) by striking ‘$25,000’ and ‘$500,000’ and substituting ‘$100,000’ and ‘$1,000,000’, respectively; and
(B) by adding at the end ‘The maximum civil penalty for a related series of violations does not apply to a judicial enforcement action under section 60120 or 60121.’; and
(2) by revising the text of subsection (b) to read as follows:
‘(b) PENALTY CONSIDERATIONS- In determining the amount of a civil penalty under this section--
‘(1) the Secretary shall consider--
‘(A) the nature, circumstances, and gravity of the violation, including adverse impact on the environment;
‘(B) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, any effect on ability to continue doing business; and
‘(C) good faith in attempting to comply; and
‘(2) the Secretary may consider--
‘(A) the economic benefit gained from the violation without any discount because of subsequent damages; and
‘(B) other matters that justice requires.’.
(c) EXCAVATOR DAMAGE- Section 60123(d) is amended by--
(1) striking ‘knowingly and willfully’ and inserting ‘knowingly and willfully’ before the word ‘engages’ in paragraph (1); and
(2) revising subparagraph (2)(B) to read as follows:
‘(B) a pipeline facility, is aware of damage, and does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or’.
(d) CIVIL ACTIONS- The text of section 60120(a)(1) is revised to read as follows: ‘On request of the Secretary of Transportation, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter, including section 60112 of this chapter, or a regulation prescribed or order issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same factors as prescribed for the Secretary in an administrative case under section 60122.’.
(e) CITIZEN SUITS- The first sentence of section 60121(a)(1) is amended to read as follows: ‘A person may bring a civil action in an appropriate district court of the United States against a person owning or operating a pipeline facility to enforce compliance with this chapter or a standard prescribed or an order issued under this chapter. The district court may enjoin noncompliance and assess civil penalties considering the same factors as prescribed for the Secretary in an administrative case under section 60122.’.
SEC. 5. UNDERGROUND DAMAGE PREVENTION.
(a) Section 60114 is amended by inserting before subsection (d) the following subsection:
‘(c) CONFORMITY WITH CHAPTER 61- Regulations prescribed by the Secretary under subsection (a) do not apply to a State that has a one-call notification program accepted by the Secretary as meeting the minimum standards of section 6103 of this title or approved by the Secretary as an alternative program under section 6104(c) of this title.’.
(b) Section 60102(c), as amended by section 3, is further amended by--
(1) inserting ‘or hazardous liquid pipeline facility’ before the word ‘participate’ in paragraph (1); and
(2) striking paragraph (3).
(c) Section 60104 is amended by adding at the end the following subsection:
‘(f) STATE ONE-CALL NOTIFICATION LAWS- Notwithstanding subsection (c) of this section, a State may enforce a requirement of a one-call notification law that satisfies sections 6103 or 6104(c) of this title, or section 60114(a) of this chapter, against an operator of an interstate natural gas pipeline facility or an interstate hazardous liquid pipeline facility provided that the requirement sought to be enforced is compatible with the minimum standards prescribed under this chapter.’.
(d) Section 60123 is amended by adding the following subsection:
‘(e) MISDEMEANOR FOR NOT USING ONE-CALL- A person shall be fined under title 18, imprisoned for not more than 1 year, or both, if the person knowingly engages in an excavation activity without first using an available one-call notification system to establish the location of underground facilities in the excavation area.’.
SEC. 6. ENHANCED ABILITY OF STATES TO OVERSEE OPERATOR ACTIVITIES.
(a) Section 60106(a) is amended by inserting ‘(1)’ before the current text of the subsection, redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), and adding the following new paragraphs:
‘(2) If the Secretary accepts a certification under section 60105 of this title, the Secretary may make an agreement with a State authority authorizing it to participate in the oversight of interstate pipeline transportation. An agreement shall include a plan for the State authority to participate in special investigations involving new construction or incidents.
‘(3) An agreement under paragraph (2) may also include a program allowing for participation by the State authority in other activities overseeing interstate pipeline transportation that supplement the Secretary’s program
and address issues of local concern, provided that the Secretary determines that--
‘(A) there are no significant gaps in the regulatory jurisdiction of the State authority over intrastate pipeline transportation;
‘(B) implementation of the agreement will not adversely affect the oversight of intrastate pipeline transportation by the State authority;
‘(C) the program allowing participation of the State authority is consistent with the Secretary’s program for inspection; and
‘(D) the State promotes preparedness and prevention activities that enable communities to live safely with pipelines.’.
(b) Section 60106(d) is amended by inserting after the first sentence the following: ‘In addition, the Secretary may end an agreement for the oversight of interstate pipeline transportation when the Secretary finds that there are significant gaps in the regulatory authority of the State authority over intrastate pipeline transportation, or that continued participation by the State authority in the oversight of interstate pipeline transportation is not consistent with the Secretary’s program or would adversely affect oversight of intrastate pipeline transportation, or that the State is not promoting activities that enable communities to live safely with pipelines.’.
(c) STATE GRANTS- Section 60107 is amended by adding at the end the following subsection:
‘(e) SPECIAL INVESTIGATION OF INTERSTATE PIPELINE FACILITIES-
‘(1) Notwithstanding subsection (a) of this section, the Secretary may pay up to 100 percent of the cost of the personnel, equipment, and activities of a State authority acting as an agent of the Secretary in conducting a special investigation involved in monitoring new construction or investigating an incident, on an interstate gas pipeline facility or an interstate hazardous liquid pipeline facility.
‘(2) This subsection shall become effective on October 1, 2001.’.
SEC. 7. IMPROVED DATA AND DATA AVAILABILITY.
(a) REPORT OF RELEASES EXCEEDING 5 GALLONS- Section 60117(b) is amended by--
(1) inserting ‘(1)’ before the current text of the subsection and redesignating paragraphs (1) and (2) as subparagraphs (A) and (B);
(2) inserting after paragraph (1) the following new paragraphs:
‘(2) A person owning or operating a hazardous liquid pipeline facility shall report to the Secretary each release to the environment greater than five gallons of the hazardous liquid or carbon dioxide transported. This section applies to releases from pipeline facilities regulated under this chapter and from rural gathering lines not regulated under this chapter. A report must include the location of the release; fatalities and personal injuries; type of product; amount of product release; causes of the release; extent of damage to property and the environment; and the response undertaken to clean up the release.
‘(3) During the course of an incident investigation, a person owning or operating a pipeline facility shall make records, reports, and information required under subsection (a) of this section or other reasonably described records, reports, and information relevant to the incident investigation available to the Secretary within the time limits prescribed in a written request.’; and
(3) redesignating the last sentence as paragraph (4).
(b) PENALTY AUTHORITIES-
(1) Section 60122(a) is amended by striking ‘60114(c)’ and substituting ‘60117(b)(3)’.
(2) Section 60123(a) is amended by striking ‘60114(c)’ and substituting ‘60117(b)(3)’.
(c) NATIONAL DEPOSITORY- Section 60117 is further amended by adding at the end the following subsection:
‘(l) NATIONAL DEPOSITORY- The Secretary shall establish a national depository of data on events and conditions, including spill histories and corrective actions for specific incidents, that can be used to evaluate the risk of, and to prevent, pipeline failures and releases. The Secretary may establish the depository through cooperative arrangements, and the Secretary shall make such information available for use by State and local planning and emergency response authorities and the public.’.
SEC. 8. ENHANCED INVESTIGATION AUTHORITIES.
(a) CLARIFICATION OF AUTHORITY- Section 60117(c) is amended by striking ‘decide whether a person is complying with this chapter and standards prescribed or orders issued under this chapter’ and substituting ‘carry out the duties and responsibilities of this chapter. The Secretary may question an individual about matters relevant to an investigation, including such matters as the design, construction, operation, or maintenance of the system, the individual’s qualifications, or the operator’s response to an emergency’.
(b) EXPENSES OF INVESTIGATION- Section 60117, as amended by section 7, is further amended by adding at the end the following subsection:
‘(m) EXTRAORDINARY EXPENSES OF INCIDENT INVESTIGATION- The Secretary may, by regulation, establish procedures to recover the Secretary’s costs incurred because of investigation of incidents from the operators of the pipeline facilities involved in the incidents. These costs may include travel costs and contract support for the investigation and monitoring of the corrective measures. All sums collected shall be deposited into the Pipeline Safety Fund and shall be available, to the extent and in the amount provided in advance in appropriations acts, to reimburse the Secretary for the costs of investigation and monitoring of the incidents. Such amounts are authorized to be appropriated to be available until expended.’.
SEC. 9. INTERNATIONAL AUTHORITY.
Section 60117, as amended by section 8, is further amended by adding at the end the following subsection:
‘(n) GLOBAL SHARING OF ENVIRONMENTAL AND SAFETY INFORMATION- Subject to guidance and direction of the Secretary of State, the Secretary of Transportation is directed to support international efforts to share information about the risks to the public and the environment from pipelines and the means of protecting against those risks. The extent of support should include a consideration of the benefits to the public from an increased understanding by the Secretary of technical issues about pipeline safety and environmental protection and from possible improvement in environmental protection outside the United States.’.
SEC. 10. RISK MANAGEMENT DEMONSTRATION PROGRAM.
Section 60126(a) is amended by adding at the end the following paragraph:
‘(3) CONTINUATION OF INDIVIDUAL PROJECT- Without regard to any recommendations made with respect to the risk management demonstration program under subsection (e) of this section, the Secretary may, by order, allow the continuation of an individual project begun under this program beyond the termination of the program, provided the Secretary finds that--
‘(A) the pipeline operator has a clear and established record of compliance with respect to safety and environmental protection;
‘(B) the project is achieving superior levels of public safety and environmental protection; and
‘(C) the continuation would not extend the project more than four years from the date of the initial approval of the project.’.
SEC. 11. SUPPORT FOR INNOVATIVE TECHNOLOGY DEVELOPMENT.
Section 60117, as amended by section 9, is further amended by adding at the end the following subsection:
‘(o) SUPPORT FOR INNOVATIVE TECHNOLOGY DEVELOPMENT-
‘(1) To the extent and in the amount provided in advance in appropriations acts, the Secretary of Transportation shall participate in the development of alternative technologies--
‘(A) in fiscal year 2001 and thereafter, to--
‘(i) identify outside force damage using internal inspection devices; and
‘(ii) monitor outside-force damage to pipelines; and
‘(B) in fiscal year 2002 and thereafter, to inspect pipelines that cannot accommodate internal inspection devices available on the date of the enactment of this subsection.
‘(2) The Secretary may support such technological development through cooperative agreements with trade associations, academic institutions, or other qualified organizations.’.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) Section 60125(a) is amended to read as follows:
‘(a) GAS AND HAZARDOUS LIQUID- To carry out this chapter and other pipeline-related damage prevention activities of this title (except for section 60107), there are authorized to be appropriated to the Department of Transportation--
‘(1) $30,118,000 for fiscal year 2001; and
‘(2) such sums as may be necessary for fiscal years 2002 through 2004.’.
(b) Sections 60125(b) and 60125(d) are repealed.
(c) Section 60125(c) is redesignated as section 60125(b) and paragraph (1) of that section is amended by deleting subparagraphs (A) through (H), and substituting the following new subparagraphs:
‘(A) $17,019,000 for fiscal year 2001; and
‘(B) such sums as may be necessary for fiscal years 2002 through 2004.’.
(d) Subsections (e) and (f) of section 60125 are redesignated as subsections (c) and (d), respectively.