I

104TH CONGRESS

1ST SESSION H. R. 1187

To increase the safety for the public health and the environment by reducing

the risks associated with the pipeline transportation of natural gas and

hazardous liquids, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 9, 1995

Mr. PETRI (by request) (for himself and Mr. LAUGHLIN) 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

A BILL

To increase the safety for the public health and the environment by reducing the risks associated with the pipeline

transportation of natural gas and hazardous liquids, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Pipeline Safety Act of 1995’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References to title 49, United States Code, and to the Secretary of

Transportation.

Sec. 3. Definitions.

Sec. 4. General authority.

Sec. 5. Risk management.

Sec. 6. Standards for liquified natural gas pipeline facilities.

Sec. 7. Inspection and maintenance.

Sec. 8. High-density population areas and environmentally sensitive areas.

Sec. 9. Excess flow valves.

Sec. 10. Pipeline facilities hazardous to life and property.

Sec. 11. Customer-owned natural gas service lines.

Sec. 12. One-call notification systems.

Sec. 13. Technical safety standards committees.

Sec. 14. Public education programs.

Sec. 15. Compliance and waivers.

Sec. 16. Authorization of appropriations.

3 SEC. 2. REFERENCES TO TITLE 49, UNITED STATES CODE,

4 AND TO THE SECRETARY OF TRANSPOR5 TATION.

6 (a) REFERENCES TO TITLE 49.—Except as otherwise

7 expressly provided, whenever in this Act an amendment

8 or repeal is expressed in terms of an amendment to, or

9 repeal of, a section or other provision, the reference shall

10 be considered to be made to a section or other provision

11 of title 49, United States Code.

12 (b) REFERENCES TO THE SECRETARY OF TRANSPOR13 TATION.—Except as otherwise expressly provided, any ref14 erence in this Act to ‘‘the Secretary’’ is a reference to the

15 Secretary of Transportation.
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1 SEC. 3. DEFINITIONS.

2 Section 60101 of title 49, United States Code,

3 ‘‘Transportation’’ (originally enacted as the Natural Gas

4 Pipeline Safety Act of 1968 and the Hazardous Liquid

5 Pipeline Safety Act of 1979) is amended—

6 (1) by redesignating paragraphs (a)(1) through

7 (a)(19) as paragraphs (a)(4) through (a)(22).

8 (2) by redesignating paragraph (a)(20) as para9 graph (a)(27).

10 (3) by redesignating paragraph (a)(21) as para11 graph (a)(29), and by striking all the words in para12 graph (a)(29(B) and inserting in lieu thereof the fol13 lowing: ‘‘does not include the gathering of gas in

14 those rural locations which are outside the limits of

15 any incorporated or unincorporated city, town, or

16 village.’’

17 (4) by redesignating paragraph (a)(22) as para18 graph (a)(30).

19 (5) by inserting the following new definitions as

20 paragraphs (a)(1) through (a)(3):

21 ‘‘(1) ‘Best estimate’ means a scientifically ap22 propriate estimate which is based, to the extent fea23 sible, on one of the following:

24 ‘‘(A) Central estimates of risk using the

25 most plausible assumptions.
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1 ‘‘(B) An approach which combines multiple

2 estimates based on different scenarios and

3 weighs the probability of each scenario.

4 ‘‘(C) Any other methodology designed to

5 provide the most unbiased representation of the

6 most plausible level of risk, given the current

7 scientific information available to the Federal

8 agency concerned.

9 ‘‘(2) ‘Benefit’ means the reasonably identifiable

10 significant health, safety, environmental, social and

11 economic benefits that are expected to result directly

12 or indirectly from implementation of a rule or alter13 native strategy.

14 ‘‘(3) ‘Costs’ means the direct and indirect costs

15 to the United States Government, to State, local,

16 and tribal governments, and to the private sector,

17 wage earners, consumers, and the economy, of im18 plementing and complying with a rule or alternative

19 strategy.’’.

20 (6) by inserting the following new definitions as

21 paragraphs (a)(23) through (a)(26):

22 ‘‘(23) ‘Risk assessment document’ means a doc23 ument containing the explanation of how hazards as24 sociated with a substance, activity, or condition have

25 been identified, quantified, and assessed. The term
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1 also includes a written statement accepting the find2 ings of any such document.

3 ‘‘(24) ‘Risk management’ means the systematic

4 application, by the owner or operator of a pipeline

5 facility, of management policies, procedures, finite

6 resources and practices to the tasks of analyzing, as7 sessing and controlling risk in order to protect em8 ployees, the general public, the environment and

9 pipeline facilities.

10 ‘‘(25) ‘Risk management plan’ means a man11 agement plan utilized by a natural gas or hazardous

12 liquid pipeline owner or operator that encompasses

13 risk management.

14 ‘‘(26) ‘Significant standard’ means any safety

15 or environmental standard or regulatory requirement

16 or closely related group of safety or environmental

17 standards or regulatory requirements that is likely

18 to result in compliance costs in excess of

19 $1,000,000.

20 (7) By inserting the following new definition as

21 paragraph (a)(28):

22 ‘‘(28) ‘Substitution risk’ means a potential risk

23 to human health, safety, or the environment from a

24 regulatory alternative designed to decrease other

25 risks.’’.
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1 (b) Section 60101(b)(2)(A) is amended—

2 (1) in the first sentence after the words ‘‘the

3 Secretary shall’’ by inserting the words ‘‘, if appro4 priate,’’.

5 (2) in the last sentence after the words ‘‘phys6 ical characteristics’’ by inserting the words ‘‘and is

7 justified, based on a risk assessment document and

8 cost/benefit analysis’’.

9 SEC. 4. GENERAL AUTHORITY.

10 Section 60102 of title 49, United States Code,

11 ‘‘Transportation’’ (originally enacted as the Natural Gas

12 Pipeline Safety Act of 1968 and the Hazardous Liquid

13 Pipeline Safety Act of 1979) is amended—

14 (1) in subparagraph (a)(1)(A) by striking

15 ‘‘transporters of gas and hazardous liquid and to’’.

16 (2) in subparagraph (a)(1)(C) by striking all

17 words and inserting in lieu thereof the following:

18 ‘‘shall include a requirement that all individuals who

19 operate and maintain pipeline facilities must be

20 qualified. Such qualifications shall address the abil21 ity to recognize and react appropriately to abnormal

22 operating conditions that may indicate a dangerous

23 situation or a condition exceeding design limits. The

24 operator of the pipeline facility shall ensure such

25 qualifications.’’.
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1 (3) by inserting the following new subparagraph

2 after subparagraph (a)(1)(C):

3 ‘‘(D) Shall be applied as mandatory re4 quirements to owners and operators of regu5 lated pipeline facilities only after certification

6 by the Secretary that such compliance is justi7 fied based on—

8 ‘‘(i) an objective and unbiased sci9 entific and economic evaluation of all sig10 nificant and relevant information and risk

11 assessments performed by the Secretary

12 and provided to the Secretary by interested

13 parties relating to costs, risks, risk reduc14 tion or other benefits addressed by the

15 standard;

16 ‘‘(ii) the incremental risk reduction or

17 other benefits of any regulatory or non18 regulatory option chosen that will equal or

19 exceed, and be reasonably related to, the

20 incremental costs incurred by the Federal

21 Government, State and local governments

22 and public and private entities; and

23 ‘‘(iii) the conclusion that no regu24 latory or nonregulatory option considered

25 by the agency or proposed during the com-
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1 ment period would be more likely to

2 achieve a substantially equivalent reduction

3 in risk in a more cost-effective manner or

4 would be more likely to provide flexibility

5 to the regulated entities in achieving the

6 objectives of the standard along with a

7 brief explanation of why other regulatory

8 or nonregulatory options that were consid9 ered by the Secretary were found to be less

10 feasible.’’.

11 (4) By striking all of paragraph (a)(2) and in12 serting in lieu thereof the following:

13 ‘‘(2) The requirements of subsection (a)(1)(D)

14 shall apply to—

15 ‘‘(A) all significant standards promulgated

16 by the Secretary after the date of enactment of

17 this Act, and

18 ‘‘(B) any significant standard or group of

19 closely related standards upon a petition for re20 consideration by an owner or operator of a reg21 ulated facility pursuant to subsection (a)(4) of

22 this section.’’.

23 (5) By inserting after new paragraph (a)(2) the

24 following new paragraphs:
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1 ‘‘(3) Not later than September 30, 1996, the

2 Secretary shall establish by regulation a procedure

3 for petitioning the Secretary for reconsideration, in4 cluding the risk assessment and cost/benefit require5 ments under (4) of this subsection, of any signifi6 cant standard or group of closely related standards.

7 ‘‘(4) When prescribing standards or regulations

8 under sections 60102, 60103, 60108, 60109, 60110,

9 and 60113 the Secretary shall—

10 ‘‘(A) prepare a risk assessment document

11 and conduct a cost/benefit analysis that—

12 ‘‘(i) shall explicitly distinguish sci13 entific findings from other considerations

14 affecting the design and choice of regu15 latory strategies, including substitution

16 risks, if any are present;

17 ‘‘(ii) shall consider and discuss both

18 negative and positive data of sufficient

19 quality when presenting assessments of

20 public safety or environmental risks.

21 Where conflicts among such data appear to

22 exist, the assessment shall include discus23 sion of possible reconciliation of conflicting

24 information;
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1 ‘‘(iii) where a risk assessment docu2 ment involves selection of any significant

3 assumption, inference, or model, the docu4 ment shall, to the extent feasible—

5 ‘‘(I) present a representative list

6 and explanation of plausible and alter7 native assumptions, inferences, or

8 models;

9 ‘‘(II) explain the basis for any

10 choices;

11 ‘‘(III) identify any policy or value

12 judgments;

13 ‘‘(IV) fully describe any model

14 used in the risk assessment and make

15 explicit the assumptions incorporated

16 in the model;

17 ‘‘(V) indicate the extent to which

18 any model has been validated by, or

19 conflicts with, empirical data;

20 ‘‘(iv) shall include a statement that

21 places the nature and magnitude of the

22 risk in context, which statement shall, to

23 the extent feasible, provide a comparison of

24 any public safety or environmental risks

25 addressed by the regulatory alternatives to
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1 other risks chosen by the Secretary and fa2 miliar to the public;

3 ‘‘(v) shall provide the best estimate

4 for the impacts addressed;

5 ‘‘(vi) shall provide opportunity for

6 public participation; and

7 ‘‘(vii) shall indicate whether the esti8 mated benefits to public safety are equal to

9 or greater than the costs of compliance;

10 ‘‘(B) submit, all data and testing (includ11 ing the details of the methodology) for the risk

12 assessment document and cost/benefit analysis

13 for review by the Technical Pipeline Safety

14 Standards Committee and the Hazardous Liq15 uid Pipeline Safety Standards Committee and

16 make available for public review. The Technical

17 Pipeline Safety Standards Committee and the

18 Hazardous Liquid Pipeline Safety Standards

19 Committee shall function as a peer review pan20 els that shall prepare a report and any rec21 ommended alternatives for any significant

22 standard to be submitted to the Secretary with23 in one hundred and twenty days of receipt of

24 the information required by subsection 4(A)

25 that includes an evaluation of the technical sci-
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1 entific merit of the data and scientific method

2 used for the risk assessment document and the

3 cost-benefit analysis, and a list of any consider4 ations that were not taken into account in the

5 risk and cost benefit assessments, but were con6 sidered appropriate by a majority of the Tech7 nical Pipeline Safety Standards Committee or

8 the Hazardous Liquid Pipeline Safety Stand9 ards Committee;

10 ‘‘(C) review the report and recommenda11 tions of the Technical Pipeline Safety Stand12 ards Committee and the Hazardous Liquid

13 Pipeline Safety Standards Committee. The Sec14 retary shall, within ninety days of receipt of a

15 peer review panel’s report—

16 ‘‘(i) provide a written response to all

17 significant peer review comments and rec18 ommended alternatives;

19 ‘‘(ii) prepare a new risk assessment

20 document or cost/benefit analysis, as appli21 cable, when the Technical Pipeline Safety

22 Standards Committee or the Hazardous

23 Liquid Pipeline Safety Standards Commit24 tee gives a negative recommendation re-
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1 garding the data or methodology used for

2 such risk assessment.

3 ‘‘(5) All peer review comments and conclusions

4 and any related response by the Secretary shall be

5 made available to the public and shall be made part

6 of the administrative record for the purpose of judi7 cial review of any final agency action.

8 ‘‘(6) The Secretary may consult with owners or

9 operators of pipeline facilities prior to initiating a

10 formal regulatory action for the purpose of exchang11 ing ideas and information which may be addressed

12 in the formal regulatory action.’’.

13 (b) Subsection 60102(b) is amended—

14 (1) in subparagraph (1)(B) by inserting the

15 word ‘‘safety’’ after the words ‘‘hazardous liquid

16 pipeline’’;

17 (2) in paragraph (3) by striking the word

18 ‘‘and’’;

19 (3) in paragraph (4) by striking the words

20 ‘‘contribute to’’ and inserting the word ‘‘benefit’’ in

21 lieu thereof;

22 (4) by replacing the period at the end of para23 graph (4) with a semicolon and adding the following

24 new paragraphs:
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1 ‘‘(5) the costs of compliance with the standard;

2 and

3 (6) the recommendations of the Technical Pipe4 line Safety Standards Committee and the Hazardous

5 Liquid Pipeline Safety Standards Committee.’’.

6 (c) Subsection 60102(d) is amended—

7 (1) by striking the words ‘‘operating the facility

8 and, when requested, to provide the information to

9 the Secretary and an appropriate State official’’ and

10 inserting in lieu thereof ‘‘operating the facility as re11 quired by the standards prescribed under Chapter

12 601 and, when requested, to make such information

13 available to the Secretary and an official of the

14 State pipeline safety agency that is certified under

15 Section 60105.’’.

16 (2) in paragraph (2) by striking the words ‘‘and

17 a’’ and inserting the word ‘‘or’’ in lieu thereof.

18 (d) Subsection 60102(e) is amended—

19 (1) in the first sentence by striking the words

20 ‘‘to the extent the Secretary considers necessary, an

21 operator of a gathering line that is not a regulated

22 gathering line (as defined under section 60101(b)(2)

23 of this title),’’.
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1 (2) in the first sentence by striking the word

2 ‘‘transmission’’ and inserting the word ‘‘transpor3 tation’’ in lieu thereof.

4 (e) Subsection 60102(f) is amended—

5 (1) by striking paragraph (1) and inserting in

6 lieu thereof the following new paragraph:

7 ‘‘(1) The Secretary shall prescribe minimum

8 safety standards requiring that the design and con9 struction of a new gas pipeline transmission facility

10 or hazardous liquid pipeline facility be carried out,

11 to the extent practicable, in a way that accommo12 dates the passage through the facility of an instru13 mented internal inspection device (commonly re14 ferred to as a ‘smart pig’). The Secretary shall also

15 prescribe minimum safety standards requiring re16 placement of an existing gas pipeline transmission

17 facility, hazardous liquid pipeline facility, or equip18 ment, be carried out, to the extent practicable, in a

19 way that replacement of the existing gas pipeline

20 transmission facility, hazardous liquid pipeline facil21 ity, or equipment being replaced accommodates the

22 passage through the facility of an instrumented in23 ternal inspection device. The Secretary may apply

24 the standard to an existing gas or hazardous liquid

25 transmission facility, and require the facility to be
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1 changed to allow the facility to be inspected with an

2 instrumented internal inspection device if the basic

3 construction of the facility will accommodate the de4 vice.’’.

5 (2) in paragraph (2) after the words ‘‘The Sec6 retary shall prescribe’’ by inserting ‘‘, if necessary,

7 additional’’.

8 (f) by adding after subsection (k) the following new

9 subsection:

10 ‘‘(l) UPDATING STANDARDS.—The Secretary shall, to

11 the extent practicable, keep current industry standards

12 that have been adopted as part of the federal pipeline safe13 ty regulatory program.’’.

14 SEC. 5. RISK MANAGEMENT.

15 (a) ESTABLISHMENT.—Subtitle VIII, chapter 601,

16 title 49, United States Code, ‘‘Transportation’’ is amend17 ed by adding the following new section:

18 ‘‘§ 60126. Risk Management

19 ‘‘(a) RISK MANAGEMENT PROGRAM DEMONSTRA20 TION PROJECT.—The Secretary shall establish a project

21 with voluntary participation by owners and operators of

22 pipeline facilities to demonstrate the effectiveness of risk

23 management programs in lieu of compliance with regula24 tions that would otherwise apply under this chapter. In
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1 establishing the Demonstration Project the Secretary

2 shall—

3 ‘‘(1) invite owners and operators of pipeline fa4 cilities to submit risk management plans on a vol5 untary basis, subject to approval by the Secretary;

6 ‘‘(2) for the duration of the project, not require

7 participating owner and operators of pipeline facili8 ties to implement new regulations promulgated after

9 the start date of their participation in the Dem10 onstration Project as to facilities covered by the

11 project;

12 ‘‘(3) include in the scope of the project the fol13 lowing—

14 ‘‘(A) development of a screening model to

15 categorize the risks inherent to a selected pipe16 line facility, considering the location, volume,

17 pressure and material transported or stored by

18 the pipeline facility;

19 ‘‘(B) application of risk assessment and

20 risk management methodologies suitable to the

21 inherent risks determined to exist by the hazard

22 screening model;

23 ‘‘(C) development of program elements

24 needed to ensure that the owner or operator

25 can demonstrate that risks are being effectively
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1 managed and that the program can be audited;

2 and

3 ‘‘(D) amendments, modification or adjust4 ments of approved plans, as requested.

5 ‘‘(4) continue any approved plan under the

6 Demonstration Project for no more than four years.

7 At the conclusion of the Demonstration Project, the

8 Secretary shall submit a report to Congress of the

9 results of the Demonstration Project.

10 ‘‘(b) APPROVED RISK MANAGEMENT PLANS.—Upon

11 completion of the Risk Management Demonstration

12 Project under subsection (a) of this section, an owner or

13 operator of a pipeline facility may submit for approval by

14 the Secretary a Risk Management Plan that would apply

15 to a pipeline facility, or portion of a pipeline facility, in

16 lieu of compliance with some or all regulations that would

17 otherwise apply under this Chapter. Such Plan may take

18 effect after review and approval by the Secretary. In re19 viewing a proposed Risk Management Plan the Secretary

20 shall consider—

21 ‘‘(1) the appropriateness of the plan for the

22 particular type of pipeline facility;

23 ‘‘(2) the effectiveness of the plan in providing

24 equivalent or greater protection than relevant pre25 scribed minimum safety standards;
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1 ‘‘(3) the past performance record of the owner

2 or operator and the selected pipeline facility; and

3 ‘‘(4) amendments, modification or adjustments

4 of approved plans, as requested.

5 ‘‘(c) Pipeline facilities being operated under an ap6 proved Risk Management Plan shall be subject to such

7 inspection and reporting requirements deemed appropriate

8 by the Secretary.

9 ‘‘(d) No Risk Management Plan shall be approved

10 until completion of the Risk Management Demonstration

11 Project described in (a) above.’’.

12 SEC. 6. STANDARDS FOR LIQUIFIED NATURAL GAS PIPE13 LINE FACILITIES.

14 (a) Section 60103 of title 49, United States Code,

15 ‘‘Transportation’’ (originally enacted as the Natural Gas

16 Pipeline Safety Act of 1968) is amended by adding after

17 subsection (g) the following new subsection:

18 ‘‘(h) ALTERNATE STANDARDS AND GUIDELINES.—

19 The Secretary may adopt current standards or guidelines

20 published by the National Fire Protection Association for

21 use in this section.’’.

22 SEC. 7. INSPECTION AND MAINTENANCE.

23 (a) Section 60108 of title 49, United States Code,

24 ‘‘Transportation’’ (originally enacted as the Natural Gas
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1 Pipeline Safety Act of 1968 and the Hazardous Liquid

2 Pipeline Safety Act of 1979) is amended—

3 (1) in paragraph (a)(1) by striking the words

4 ‘‘transporting gas or hazardous liquid or’’;

5 (2) in paragraph (b)(2) by striking the second

6 sentence ‘‘However, an inspection must occur at

7 least once every 2 years’’;

8 (3) by adding the following new subparagraph

9 after subparagraph (c)(1)(C):

10 ‘‘(D) navigable waters means any portion

11 of a waterway currently and regularly used for

12 the transport of interstate or foreign com13 merce.’’; and

14 (4) in subparagraph (c)(2)(A)(ii) by striking

15 ‘‘(as defined by the Secretary)’’.

16 SEC. 8. HIGH-DENSITY POPULATION AREAS AND ENVIRON17 MENTALLY SENSITIVE AREAS.

18 (a) Section 60109 of title 49, United States Code,

19 ‘‘Transportation’’ (originally enacted as the Natural Gas

20 Pipeline Safety Act of 1968 and the Hazardous Liquid

21 Pipeline Safety Act of 1979) is amended—

22 (1) in subparagraph (a)(1)(B)(i) by striking

23 ‘‘as the Secretary defines by regulation’’ and insert24 ing ‘‘as defined in section 60108(c)(1)(D)’’ in lieu

25 thereof; and
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1 (2) in subsection (b) by deleting all words in

2 the subsection after the words ‘‘the Secretary shall’’

3 and inserting in lieu thereof the words ‘‘limit consid4 eration to areas of critical biological or ecological re5 sources and community water systems.’’.

6 SEC. 9. EXCESS FLOW VALVES.

7 (a) Section 60110 of title 49, United States Code,

8 ‘‘Transportation’’ (originally enacted as the Natural Gas

9 Pipeline Safety Act of 1968) is amended—

10 (1) in subsection (b) by inserting ‘‘, if any,’’

11 after the word ‘‘circumstances’’;

12 (2) in paragraph (b)(4) by inserting ‘‘, operat13 ing and maintaining’’ after the words ‘‘cost of in14 stalling’’;

15 (3) by deleting subsection (c) and redesignating

16 subsections (d) and (e) as subsections (c) and (d);

17 and

18 (4) by inserting the following sentence after the

19 first sentence of the new subsection (d): ‘‘The Sec20 retary may adopt industry accepted performance and

21 manufacturing standards in order to comply with

22 this requirement.’’.
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1 SEC. 10. PIPELINE FACILITIES HAZARDOUS TO LIFE AND

2 PROPERTY.

3 Section 60112 of title 49, United States Code,

4 ‘‘Transportation’’ (originally enacted as the Natural Gas

5 Pipeline Safety Act of 1968 and the Hazardous Liquid

6 Pipeline Safety Act of 1979) is amended in subsection

7 (b)(4) by striking the words ‘‘to environmentally sensitive

8 areas’’ and inserting the words ‘‘in areas defined as an

9 area unusually sensitive to environmental damage pursu10 ant to section 60109(b)’’.

11 SEC. 11. CUSTOMER-OWNED NATURAL GAS SERVICE LINES.

12 Section 60113 of title 49, United States Code,

13 ‘‘Transportation’’ (originally enacted as the Natural Gas

14 Pipeline Safety Act of 1968) is amended—

15 (1) in subsection (a) by inserting the word ‘‘un16 derground’’ after the words ‘‘does not maintain’’;

17 and

18 (2) by deleting subsection (b).

19 SEC. 12. ONE-CALL NOTIFICATION SYSTEMS.

20 Section 60114 of title 49, United States Code,

21 ‘‘Transportation’’ (originally enacted as the Natural Gas

22 Pipeline Safety Act of 1968 and the Hazardous Liquid

23 Pipeline Safety Act of 1979) is amended in paragraph

24 (a)(1) by striking the words ‘‘the system apply to’’ and

25 adding the words ‘‘be covered by a system’’ to the end

26 of the sentence.
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1 SEC. 13. TECHNICAL SAFETY STANDARDS COMMITTEES.

2 Section 60115 of title 49, United States Code,

3 ‘‘Transportation’’ (originally enacted as the Natural Gas

4 Pipeline Safety Act of 1968 and the Hazardous Liquid

5 Pipeline Safety Act of 1979) is amended—

6 (1) in subsection (a) by adding the following

7 sentence at the end of the subsection: ‘‘The commit8 tees shall serve as ‘‘peer review’’ committees and

9 such service shall be deemed in compliance with the

10 requirements of other applicable federal statutes.’’;

11 (2) in subparagraph (b)(1) by adding the words

12 ‘‘or risk management’’ at the end of the last sen13 tence;

14 (3) in subparagraph (b)(2) by adding the words

15 ‘‘or risk management’’ at the end of the last sen16 tence;

17 (4) in subparagraph (b)(3)(B) by striking the

18 number ‘‘4’’ and inserting the number ‘‘5’’ in lieu

19 thereof;

20 (5) in subparagraph (b)(3)(C) by striking the

21 number ‘‘6’’ and inserting the number ‘‘5’’ in lieu

22 thereof;

23 (6) in subparagraph (b)(4)(B) by adding the

24 following sentences to the end of the subparagraph:

25 ‘‘At least one of the individuals selected for each

26 committee under paragraph (3)(B) of this subsection
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1 must have education, background, or experience in

2 risk assessment and cost/benefit analysis. The Sec3 retary shall consult with the national organizations

4 representing the owners and operators of pipeline fa5 cilities before selecting individuals under paragraph

6 (3)(B) of this subsection.’’;

7 (7) in subparagraph (b)(4)(C) by inserting the

8 following sentence after the first sentence: ‘‘At least

9 one of the individuals selected for each committee

10 under paragraph (3)(C) of this subsection must have

11 education, background, or experience in risk assess12 ment and cost/benefit analysis.’’;

13 (8) in subparagraph (c)(1)(A) by inserting the

14 following phrase after ‘‘gas pipeline facilities’’:

15 ‘‘, including the risk assessment document, cost/ben16 efit and other analyses supporting each proposed

17 standard.’’;

18 (9) in subparagraph (c)(1)(B) by inserting the

19 following phrase after ‘‘hazardous liquid pipeline fa20 cilities’’: ‘‘, including the risk assessment document,

21 cost/benefit and other analyses supporting each pro22 posed standard’’; and

23 (10) in paragraph (c)(2)—
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1 (A) by inserting ‘‘and supporting analyses’’

2 after the words ‘‘receiving the proposed stand3 ard’’ in the first sentence;

4 (B) by inserting ‘‘cost effectiveness’’ after

5 the word ‘‘reasonableness,’’ in the first sen6 tence;

7 (C) by inserting ‘‘and provide a rec8 ommended action to the Secretary’’ after ‘‘prac9 ticability of the proposed standard’’ in the first

10 sentence; and

11 (D) by inserting ‘‘any recommended ac12 tions and’’ after the word ‘‘including’’ in the

13 second sentence.

14 (11) in subsection (e) by striking the word

15 ‘‘twice’’ and inserting the words ‘‘four times’’ in lieu

16 thereof; and

17 (12) after subsection (f) by adding the following

18 new subsection:

19 ‘‘(g) TERMS.—Individuals described in paragraphs

20 (3)(B) and (3)(C) shall serve for a term of no more than

21 36 months.’’.

22 SEC. 14. PUBLIC EDUCATION PROGRAMS.

23 Section 60116 of title 49, United States Code,

24 ‘‘Transportation’’ (originally enacted as the Natural Gas

25 Pipeline Safety Act of 1968) is amended in the first sen-
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1 tence by inserting the words ‘‘the use of damage preven2 tion (‘‘one-call’’) systems prior to excavation,’’ after the

3 words ‘‘educate the public on’’.

4 SEC. 15. COMPLIANCE AND WAIVERS.

5 Section 60118 of title 49, United States Code,

6 ‘‘Transportation’’ (originally enacted as the Natural Gas

7 Pipeline Safety Act of 1968 and the Hazardous Liquid

8 Pipeline Safety Act of 1979) is amended by adding after

9 subsection (d) the following new subsection:

10 ‘‘(e) COMPLIANCE WITH RISK MANAGEMENT

11 PLANS.—The Secretary shall allow owners and operators

12 of natural gas or hazardous liquid pipelines who have vol13 untarily developed and implemented risk management

14 plans meeting the requirements of section 60126 the op15 tion to follow those plan requirements. Owners and opera16 tors that choose to utilize an approved risk management

17 plan shall be considered to be in compliance with any pre18 scribed safety standard that is covered by such a plan.’’.

19 SEC. 16. AUTHORIZATIONS OF APPROPRIATION.

20 Section 60125 of title 49, United States Code,

21 ‘‘Transportation’’ (originally enacted as the Natural Gas

22 Pipeline Safety Act of 1968 and the Hazardous Liquid

23 Pipeline Safety Act of 1979) is amended—

24 (1) in subsection (a) by adding the following

25 new paragraphs:
27

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1 ‘‘(4) $7,500,000 for the fiscal year ending Sep2 tember 30, 1996.

3 ‘‘(5) $7,500,000 for the fiscal year ending Sep4 tember 30, 1997.

5 ‘‘(6) $7,500,000 for the fiscal year ending Sep6 tember 30, 1998.’’.

7 (2) in subsection (b) by adding the following

8 new paragraphs:

9 ‘‘(4) $2,000,000 for the fiscal year ending Sep10 tember 30, 1996.

11 ‘‘(5) $2,000,000 for the fiscal year ending Sep12 tember 30, 1997.

13 ‘‘(6) $2,000,000 for the fiscal year ending Sep14 tember 30, 1998.’’; and

15 (3) in paragraph (c)(1) by adding the following

16 new subparagraphs:

17 ‘‘(D) $10,000,000 for the fiscal year end18 ing September 30, 1996.

19 ‘‘(E) $10,000,000 for the fiscal year end20 ing September 30, 1997.

21 ‘‘(F) $10,000,000 for the fiscal year end22 ing September 30, 1998.’’.

Æ

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