104TH CONGRESS

2D SESSION S. 1505

AN ACT

To reduce risk to public safety and the environment associated with 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.

4 This Act may be cited as the ‘‘Accountable Pipeline

5 Safety and Partnership Act of 1996’’.
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1 SEC. 2. REFERENCES.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of title 49, United States Code.

7 SEC. 3. DEFINITIONS.

8 (a) IN GENERAL.—Section 60101(a) is amended—

9 (1) by striking the periods at the end of para10 graphs (1) through (22) and inserting semicolons;

11 (2) by striking paragraph (21)(B) and inserting

12 the following:

13 ‘‘(B) does not include the gathering of gas,

14 other than gathering through regulated gather15 ing lines, in those rural locations that are lo16 cated outside the limits of any incorporated or

17 unincorporated city, town, or village, or any

18 other designated residential or commercial area

19 (including a subdivision, business, shopping

20 center, or community development) or any simi21 lar populated area that the Secretary of Trans22 portation determines to be a nonrural area, ex23 cept that the term ‘transporting gas’ includes

24 the movement of gas through regulated gather25 ing lines;’’; and

26 (3) by adding at the end the following:
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1 ‘‘(23) ‘risk management’ means the systematic

2 application, by the owner or operator of a pipeline

3 facility, of management policies, procedures, finite

4 resources, and practices to the tasks of identifying,

5 analyzing, assessing, reducing, and controlling risk

6 in order to protect employees, the general public, the

7 environment, and pipeline facilities;

8 ‘‘(24) ‘risk management plan’ means a manage9 ment plan utilized by a gas or hazardous liquid pipe10 line facility owner or operator that encompasses risk

11 management; and

12 ‘‘(25) ‘Secretary’ means the Secretary of Trans13 portation.’’.

14 (b) GATHERING LINES.—Section 60101(b)(2) is

15 amended by inserting ‘‘, if appropriate,’’ after ‘‘Secretary’’

16 the first place it appears.

17 SEC. 4. GENERAL AUTHORITY.

18 (a) MINIMUM SAFETY STANDARDS.—Section

19 60102(a) is amended—

20 (1) by striking ‘‘transporters of gas and hazard21 ous liquid and to’’ in paragraph (1)(A);

22 (2) by striking paragraph (1)(C) and inserting

23 the following:

24 ‘‘(C) shall include a requirement that all

25 individuals who operate and maintain pipeline
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1 facilities shall be qualified to operate and main2 tain the pipeline facilities.’’; and

3 (3) by striking paragraph (2) and inserting the

4 following:

5 ‘‘(2) The qualifications applicable to an individ6 ual who operates and maintains a pipeline facility

7 shall address the ability to recognize and react ap8 propriately to abnormal operating conditions that

9 may indicate a dangerous situation or a condition

10 exceeding design limits. The operator of a pipeline

11 facility shall ensure that employees who operate and

12 maintain the facility are qualified to operate and

13 maintain the pipeline facilities.’’.

14 (b) PRACTICABILITY AND SAFETY NEEDS STAND15 ARDS.—Section 60102(b) is amended to read as follows:

16 ‘‘(b) PRACTICABILITY AND SAFETY NEEDS STAND17 ARDS.—

18 ‘‘(1) IN GENERAL.—A standard prescribed

19 under subsection (a) shall be—

20 ‘‘(A) practicable; and

21 ‘‘(B) designed to meet the need for—

22 ‘‘(i) gas pipeline safety, or safely

23 transporting hazardous liquids, as appro24 priate; and

25 ‘‘(ii) protecting the environment.
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1 ‘‘(2) FACTORS FOR CONSIDERATION.—When

2 prescribing any standard under this section or sec3 tion 60101(b), 60103, 60108, 60109, 60110, or

4 60113, the Secretary shall consider—

5 ‘‘(A) relevant available—

6 ‘‘(i) gas pipeline safety information;

7 ‘‘(ii) hazardous liquid pipeline safety

8 information; and

9 ‘‘(iii) environmental information;

10 ‘‘(B) the appropriateness of the standard

11 for the particular type of pipeline transpor12 tation or facility;

13 ‘‘(C) the reasonableness of the standard;

14 ‘‘(D) based on a risk assessment, the rea15 sonably identifiable or estimated benefits ex16 pected to result from implementation or compli17 ance with the standard;

18 ‘‘(E) based on a risk assessment, the rea19 sonably identifiable or estimated costs expected

20 to result from implementation or compliance

21 with the standard;

22 ‘‘(F) comments and information received

23 from the public; and

24 ‘‘(G) the comments and recommendations

25 of the Technical Pipeline Safety Standards
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1 Committee, the Technical Hazardous Liquid

2 Pipeline Safety Standards Committee, or both,

3 as appropriate.

4 ‘‘(3) RISK ASSESSMENT.—In conducting a risk

5 assessment referred to in subparagraphs (D) and

6 (E) of paragraph (2), the Secretary shall—

7 ‘‘(A) identify the regulatory and non8 regulatory options that the Secretary considered

9 in prescribing a proposed standard;

10 ‘‘(B) identify the costs and benefits associ11 ated with the proposed standard;

12 ‘‘(C) include—

13 ‘‘(i) an explanation of the reasons for

14 the selection of the proposed standard in

15 lieu of the other options identified; and

16 ‘‘(ii) with respect to each of those

17 other options, a brief explanation of the

18 reasons that the Secretary did not select

19 the option; and

20 ‘‘(D) identify technical data or other infor21 mation upon which the risk assessment infor22 mation and proposed standard is based.

23 ‘‘(4) REVIEW.—

24 ‘‘(A) IN GENERAL.—The Secretary shall—
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1 ‘‘(i) submit any risk assessment infor2 mation prepared under paragraph (3) of

3 this subsection to the Technical Pipeline

4 Safety Standards Committee, the Tech5 nical Hazardous Liquid Pipeline Safety

6 Standards Committee, or both, as appro7 priate; and

8 ‘‘(ii) make that risk assessment infor9 mation available to the general public.

10 ‘‘(B) PEER REVIEW PANELS.—The com11 mittees referred to in subparagraph (A) shall

12 serve as peer review panels to review risk as13 sessment information prepared under this sec14 tion. Not later than 90 days after receiving risk

15 assessment information for review pursuant to

16 subparagraph (A), each committee that receives

17 that risk assessment information shall prepare

18 and submit to the Secretary a report that in19 cludes—

20 ‘‘(i) an evaluation of the merit of the

21 data and methods used; and

22 ‘‘(ii) any recommended options relat23 ing to that risk assessment information

24 and the associated standard that the com25 mittee determines to be appropriate.
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1 ‘‘(C) REVIEW BY SECRETARY.—Not later

2 than 90 days after receiving a report submitted

3 by a committee under subparagraph (B), the

4 Secretary—

5 ‘‘(i) shall review the report;

6 ‘‘(ii) shall provide a written response

7 to the committee that is the author of the

8 report concerning all significant peer re9 view comments and recommended alter10 natives contained in the report; and

11 ‘‘(iii) may revise the risk assessment

12 and the proposed standard before promul13 gating the final standard.

14 ‘‘(5) SECRETARIAL DECISIONMAKING.—Except

15 where otherwise required by statute, the Secretary

16 shall propose or issue a standard under this Chapter

17 only upon a reasoned determination that the benefits

18 of the intended standard justify its costs.

19 ‘‘(6) EXCEPTIONS FROM APPLICATION.—The

20 requirements of subparagraphs (D) and (E) of para21 graph (2) do not apply when—

22 ‘‘(A) the standard is the product of a nego23 tiated rulemaking, or other rulemaking includ24 ing the adoption of industry standards that re-
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1 ceives no significant adverse comment within 60

2 days of notice in the Federal Register;

3 ‘‘(B) based on a recommendation (in which

4 three-fourths of the members voting concur) by

5 the Technical Pipeline Safety Standards Com6 mittee, the Technical Hazardous Liquid Pipe7 line Safety Standards Committee, or both, as

8 applicable, the Secretary waives the require9 ments; or

10 ‘‘(C) the Secretary finds, pursuant to sec11 tion 553(b)(3)(B) of title 5, United States

12 Code, that notice and public procedure are not

13 required.

14 ‘‘(7) REPORT.—Not later than March 31, 2000,

15 the Secretary shall transmit to the Congress a re16 port that—

17 ‘‘(A) describes the implementation of the

18 risk assessment requirements of this section, in19 cluding the extent to which those requirements

20 have affected regulatory decisionmaking and

21 pipeline safety; and

22 ‘‘(B) includes any recommendations that

23 the Secretary determines would make the risk

24 assessment process conducted pursuant to the

25 requirements under this chapter a more effec-
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1 tive means of assessing the benefits and costs

2 associated with alternative regulatory and non3 regulatory options in prescribing standards

4 under the Federal pipeline safety regulatory

5 program under this chapter.’’.

6 (c) FACILITY OPERATION INFORMATION STAND7 ARDS.—The first sentence of section 60102(d) is amend8 ed—

9 (1) by inserting ‘‘as required by the standards

10 prescribed under this chapter’’ after ‘‘operating the

11 facility’’;

12 (2) by striking ‘‘to provide the information’’

13 and inserting ‘‘to make the information available’’;

14 and

15 (3) by inserting ‘‘as determined by the Sec16 retary’’ after ‘‘to the Secretary and an appropriate

17 State official’’.

18 (d) PIPE INVENTORY STANDARDS.—The first sen19 tence of section 60102(e) is amended—

20 (1) by striking ‘‘and, to the extent the Sec21 retary considers necessary, an operator of a gather22 ing line that is not a regulated gather line (as de23 fined under section 60101(b)(2) of this title),’’; and

24 (2) by striking ‘‘transmission’’ and inserting

25 ‘‘transportation’’.
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1 (e) SMART PIGS.—

2 (1) MINIMUM SAFETY STANDARDS.—Section

3 60102(f) is amended by striking paragraph (1) and

4 inserting the following:

5 ‘‘(1) MINIMUM SAFETY STANDARDS.—The Sec6 retary shall prescribe minimum safety standards re7 quiring that—

8 ‘‘(A) the design and construction of new

9 natural gas transmission pipeline or hazardous

10 liquid pipeline facilities, and

11 ‘‘(B) when the replacement of existing nat12 ural gas transmission pipeline or hazardous liq13 uid pipeline facilities or equipment is required,

14 the replacement of such existing facilities be

15 carried out, to the extent practicable, in a man16 ner so as to accommodate the passage through

17 such natural gas transmission pipeline or haz18 ardous liquid pipeline facilities of instrumented

19 internal inspection devices (commonly referred

20 to as ‘smart pigs’). The Secretary may extend

21 such standards to require existing natural gas

22 transmission pipeline or hazardous liquid pipe23 line facilities, whose basic construction would

24 accommodate an instrumented internal inspec25 tion device to be modified to permit the inspec-
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1 tion of such facilities with instrumented inter2 nal inspection devices.’’.

3 (2) PERIODIC INSPECTIONS.—Section

4 60102(f)(2) is amended—

5 (A) by striking ‘‘(2) Not later than’’ and

6 inserting the following:

7 ‘‘(2) PERIODIC INSPECTIONS.—Not later than’’;

8 and

9 (B) by inserting ‘‘, if necessary, addi10 tional’’ after ‘‘the Secretary shall prescribe’’.

11 (f) UPDATING STANDARDS.—Section 60102 is

12 amended by adding at the end the following:

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

14 the extent appropriate and practicable, update incor15 porated industry standards that have been adopted as part

16 of the Federal pipeline safety regulatory program under

17 this chapter.’’.

18 (g) MAPPING.—Section 60102(c) is amended by add19 ing at the end thereof the following:

20 ‘‘(4) PROMOTING PUBLIC AWARENESS.—

21 ‘‘(A) Not later than one year after the date

22 of enactment of the Accountable Pipeline Safety

23 and Accountability Act of 1996, and annually

24 thereafter, the owner or operator of each inter25 state gas pipeline facility shall provide to the
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1 governing body of each municipality in which

2 the interstate gas pipeline facility is located, a

3 map identifying the location of such facility.

4 ‘‘(B)(i) Not later than June 1, 1998, the

5 Secretary shall survey and assess the public

6 education programs under section 60116 and

7 the public safety programs under section

8 60102(c) and determine their effectiveness and

9 applicability as components of a model pro10 gram. In particular, the survey shall include the

11 methods by which operators notify residents of

12 the location of the facility and its right of way,

13 public information regarding existing One-Call

14 programs, and appropriate procedures to be fol15 lowed by residents of affected municipalities in

16 the event of accidents involving interstate gas

17 pipeline facilities.

18 ‘‘(ii) Not later than one year after the sur19 vey and assessment are completed, the Sec20 retary shall institute a rulemaking to determine

21 the most effective public safety and education

22 program components and promulgate if appro23 priate, standards implementing those compo24 nents on a nationwide basis. In the event that

25 the Secretary finds that promulgation of such
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1 standards are not appropriate, the Secretary

2 shall report to Congress the reasons for that

3 finding.’’.

4 (h) REMOTE CONTROL.—Section 60102(j) is amend5 ed by adding at the end thereof the following:

6 ‘‘(3) REMOTELY CONTROLLED VALVES.—(A)

7 Not later than June 1, 1998, the Secretary shall

8 survey and assess the effectiveness of remotely con9 trolled valves to shut off the flow of natural gas in

10 the event of a rupture of an interstate natural gas

11 pipeline facility and shall make a determination

12 about whether the use of remotely controlled valves

13 is technically and economically feasible and would

14 reduce risks associated with a rupture of an inter15 state natural gas pipeline facility.

16 ‘‘(B) Not later than one year after the survey

17 and assessment are completed, if the Secretary has

18 determined that the use of remotely controlled valves

19 is technically and economically feasible and would

20 reduce risks associated with a rupture of an inter21 state natural gas pipeline facility, the Secretary shall

22 prescribe standards under which an operator of an

23 interstate natural gas pipeline facility must use a re24 motely controlled valve. These standards shall in-
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1 clude, but not be limited to, requirements for high2 density population areas.’’.

3 SEC. 5. RISK MANAGEMENT.

4 (a) IN GENERAL.—Chapter 601 is amended by add5 ing at the end the following:

6 ‘‘§ 60126. Risk management

7 ‘‘(a) RISK MANAGEMENT PROGRAM DEMONSTRA8 TION PROJECTS.—

9 ‘‘(1) IN GENERAL.—The Secretary shall estab10 lish risk management demonstration projects—

11 ‘‘(A) to demonstrate, through the vol12 untary participation by owners and operators of

13 gas pipeline facilities and hazardous liquid pipe14 line facilities, the application of risk manage15 ment; and

16 ‘‘(B) to evaluate the safety and cost-effec17 tiveness of the program.

18 ‘‘(2) EXEMPTIONS.—In carrying out a dem19 onstration project under this subsection, the Sec20 retary, by order—

21 ‘‘(A) may exempt an owner or operator of

22 the pipeline facility covered under the project

23 (referred to in this subsection as a ‘covered

24 pipeline facility’), from the applicability of all or

25 a portion of the requirements under this chap-
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1 ter that would otherwise apply to the covered

2 pipeline facility; and

3 ‘‘(B) shall exempt, for the period of the

4 project, an owner or operator of the covered

5 pipeline facility, from the applicability of any

6 new standard that the Secretary promulgates

7 under this chapter during the period of that

8 participation, with respect to the covered facil9 ity.

10 ‘‘(b) REQUIREMENTS.—In carrying out a demonstra11 tion project under this section, the Secretary shall—

12 ‘‘(1) invite owners and operators of pipeline fa13 cilities to submit risk management plans for timely

14 approval by the Secretary;

15 ‘‘(2) require, as a condition of approval, that a

16 risk management plan submitted under this sub17 section contain measures that are designed to

18 achieve an equivalent or greater overall level of safe19 ty than would otherwise be achieved through compli20 ance with the standards contained in this chapter or

21 promulgated by the Secretary under this chapter;

22 ‘‘(3) provide for—

23 ‘‘(A) collaborative government and indus24 try training;
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1 ‘‘(B) methods to measure the safety per2 formance of risk management plans;

3 ‘‘(C) the development and application of

4 new technologies;

5 ‘‘(D) the promotion of community aware6 ness concerning how the overall level of safety

7 will be maintained or enhanced by the dem8 onstration project;

9 ‘‘(E) the development of models that cat10 egorize the risks inherent to each covered pipe11 line facility, taking into consideration the loca12 tion, volume, pressure, and material transported

13 or stored by that pipeline facility;

14 ‘‘(F) the application of risk assessment

15 and risk management methodologies that are

16 suitable to the inherent risks that are deter17 mined to exist through the use of models devel18 oped under subparagraph (E);

19 ‘‘(G) the development of project elements

20 that are necessary to ensure that—

21 ‘‘(i) the owners and operators that

22 participate in the demonstration project

23 demonstrate that they are effectively man24 aging the risks referred to in subparagraph

25 (E); and
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1 ‘‘(ii) the risk management plans car2 ried out under the demonstration project

3 under this subsection can be audited;

4 ‘‘(H) a process whereby an owner or opera5 tor of a pipeline facility is able to terminate a

6 risk management plan or, with the approval of

7 the Secretary, to amend, modify, or otherwise

8 adjust a risk management plan referred to in

9 paragraph (1) that has been approved by the

10 Secretary pursuant to that paragraph to re11 spond to—

12 ‘‘(i) changed circumstances; or

13 ‘‘(ii) a determination by the Secretary

14 that the owner or operator is not achieving

15 an overall level of safety that is at least

16 equivalent to the level that would otherwise

17 be achieved through compliance with the

18 standards contained in this chapter or pro19 mulgated by the Secretary under this chap20 ter;

21 ‘‘(I) such other elements as the Secretary,

22 with the agreement of the owners and operators

23 that participate in the demonstration project

24 under this section, determines to further the

25 purposes of this section; and
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1 ‘‘(J) an opportunity for public comment in

2 the approval process; and

3 ‘‘(4) in selecting participants for the dem4 onstration project, take into consideration the past

5 safety and regulatory performance of each applicant

6 who submits a risk management plan pursuant to

7 paragraph (1).

8 ‘‘(c) EMERGENCIES AND REVOCATIONS.—Nothing in

9 this section diminishes or modifies the Secretary’s author10 ity under this title to act in case of an emergency. The

11 Secretary may revoke any exemption granted under this

12 section for substantial noncompliance with the terms and

13 conditions of an approved risk management plan.

14 ‘‘(d) PARTICIPATION BY STATE AUTHORITY.—In car15 rying out this section, the Secretary may provide for con16 sultation by a State that has in effect a certification under

17 section 60105. To the extent that a demonstration project

18 comprises an intrastate natural gas pipeline or an intra19 state hazardous liquid pipeline facility, the Secretary may

20 make an agreement with the State agency to carry out

21 the duties of the Secretary for approval and administra22 tion of the project.

23 ‘‘(e) REPORT.—Not later than March 31, 2000, the

24 Secretary shall transmit to the Congress a report on the
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1 results of the demonstration projects carried out under

2 this section that includes—

3 ‘‘(1) an evaluation of each such demonstration

4 project, including an evaluation of the performance

5 of each participant in that project with respect to

6 safety and environmental protection; and

7 ‘‘(2) recommendations concerning whether the

8 applications of risk management demonstrated

9 under the demonstration project should be incor10 porated into the Federal pipeline safety program

11 under this chapter on a permanent basis.’’.

12 (f) CONFORMING AMENDMENT.—The analysis for

13 chapter 601 is amended by adding at the end the follow14 ing:

‘‘60126. Risk management.’’.

15 SEC. 6. INSPECTION AND MAINTENANCE.

16 Section 60108 is amended—

17 (1) by striking ‘‘transporting gas or hazardous

18 liquid or’’ in subsection (a)(1) each place it appears;

19 (2) by striking the second sentence in sub20 section (b)(2);

21 (3) by striking ‘‘NAVIGABLE WATERS’’ in the

22 heading for subsection (c) and inserting ‘‘OTHER

23 WATERS’’; and

24 (4) by striking clause (ii) of subsection

25 (c)(2)(A) and inserting the following:
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1 ‘‘(ii) any other pipeline facility cross2 ing under, over, or through waters where a

3 substantial likelihood of commercial navi4 gation exists, if the Secretary decides that

5 the location of the facility in those waters

6 could pose a hazard to navigation or public

7 safety.’’.

8 SEC. 7. HIGH-DENSITY POPULATION AREAS AND ENVIRON9 MENTALLY SENSITIVE AREAS.

10 (a) IDENTIFICATION.—Section 60109(a)(1)(B)(i) is

11 amended by striking ‘‘a navigable waterway (as the Sec12 retary defines by regulation)’’ and inserting ‘‘waters where

13 a substantial likelihood of commercial navigation exists’’.

14 (b) UNUSUALLY SENSITIVE AREAS.—Section

15 60109(b) is amended to read as follows:

16 ‘‘(b) AREAS TO BE INCLUDED AS UNUSUALLY SEN17 SITIVE.—When describing areas that are unusually sen18 sitive to environmental damage if there is a hazardous liq19 uid pipeline accident, the Secretary shall consider areas

20 where a pipeline rupture would likely cause permanent or

21 long-term environmental damage, including—

22 ‘‘(1) locations near pipeline rights-of-way that

23 are critical to drinking water, including intake loca24 tions for community water systems and critical sole

25 source aquifer protection areas; and
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1 ‘‘(2) locations near pipeline rights-of-way that

2 have been identified as critical wetlands, riverine or

3 estuarine systems, national parks, wilderness areas,

4 wildlife preservation areas or refuges, wild and sce5 nic rivers, or critical habitat areas for threatened

6 and endangered species.’’.

7 SEC. 8. EXCESS FLOW VALVES.

8 Section 60110 is amended—

9 (1) by inserting ‘‘, if any,’’ in the first sentence

10 of subsection (b)(1) after ‘‘circumstances’’;

11 (2) by inserting ‘‘, operating, and maintaining’’

12 in subsection (b)(4) after ‘‘cost of installing’’;

13 (3) by inserting ‘‘, maintenance, and replace14 ment’’ in subsection (c)(1)(C) after ‘‘installation’’;

15 and

16 (4) by inserting after the first sentence in sub17 section (e) the following: ‘‘The Secretary may adopt

18 industry accepted performance standards in order to

19 comply with the requirement under the preceding

20 sentence.’’.

21 SEC. 9. CUSTOMER-OWNED NATURAL GAS SERVICE LINES.

22 Section 60113 is amended—

23 (1) by striking the caption of subsection (a);

24 and

25 (2) by striking subsection (b).
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1 SEC. 10. TECHNICAL SAFETY STANDARDS COMMITTEES.

2 (a) PEER REVIEW.—Section 60115(a) is amended by

3 adding at the end the following: ‘‘The committees referred

4 to in the preceding sentence shall serve as peer review

5 committees for carrying out this chapter. Peer reviews

6 conducted by the committees shall be treated for purposes

7 of all Federal laws relating to risk assessment and peer

8 review (including laws that take effect after the date of

9 the enactment of the Accountable Pipeline Safety and

10 Partnership Act of 1996) as meeting any peer review re11 quirements of such laws.’’.

12 (b) COMPOSITION AND APPOINTMENT.—Section

13 60115(b) is amended—

14 (1) by inserting ‘‘or risk management prin15 ciples’’ in paragraph (1) before the period at the

16 end;

17 (2) by inserting ‘‘or risk management prin18 ciples’’ in paragraph (2) before the period at the

19 end;

20 (3) by striking ‘‘4’’ in paragraph (3)(B) and in21 serting ‘‘5’’;

22 (4) by striking ‘‘6’’ in paragraph (3)(C) and in23 serting ‘‘5’’;

24 (5) by adding at the end of paragraph (4)(B)

25 the following: ‘‘At least 1 of the individuals selected

26 for each committee under paragraph (3)(B) shall
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1 have education, background, or experience in risk as2 sessment and cost-benefit analysis. The Secretary

3 shall consult with the national organizations rep4 resenting the owners and operators of pipeline facili5 ties before selecting individuals under paragraph

6 (3)(B).’’; and

7 (6) by inserting after the first sentence of para8 graph (4)(C) the following: ‘‘At least 1 of the indi9 viduals selected for each committee under paragraph

10 (3)(C) shall have education, background, or experi11 ence in risk assessment and cost-benefit analysis.’’.

12 (c) COMMITTEE REPORTS.—Section 60115(c) is

13 amended—

14 (1) by inserting ‘‘including the risk assessment

15 information and other analyses supporting each pro16 posed standard’’ before the semicolon in paragraph

17 (1)(A);

18 (2) by inserting ‘‘including the risk assessment

19 information and other analyses supporting each pro20 posed standard’’ before the period in paragraph

21 (1)(B);

22 (3) by inserting ‘‘and supporting analyses’’ be23 fore the first comma in the first sentence of para24 graph (2);
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1 (4) by inserting ‘‘and submit to the Secretary’’

2 in the first sentence of paragraph (2) after ‘‘pre3 pare’’;

4 (5) by inserting ‘‘cost-effectiveness,’’ in the first

5 sentence of paragraph (2) after ‘‘reasonableness,’’;

6 and

7 (6) by inserting ‘‘and include in the report rec8 ommended actions’’ before the period at the end of

9 the first sentence of paragraph (2); and

10 (7) by inserting ‘‘any recommended actions

11 and’’ in the second sentence of paragraph (2) after

12 ‘‘including’’.

13 (d) MEETINGS.—Section 60115(e) is amended by

14 striking ‘‘twice’’ and inserting ‘‘up to 4 times’’.

15 (e) EXPENSES.—Section 60115(f) is amended—

16 (1) by striking ‘‘PAY AND’’ in the subsection

17 heading;

18 (2) by striking the first 2 sentences; and

19 (3) by inserting ‘‘of a committee under this sec20 tion’’ after ‘‘A member’’.

21 SEC. 11. PUBLIC EDUCATION PROGRAMS.

22 Section 60116 is amended—

23 (1) by striking ‘‘person transporting gas’’ and

24 inserting ‘‘owner or operator of a gas pipeline facil25 ity’’;
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1 (2) by inserting ‘‘the use of a one-call notifica2 tion system prior to excavation,’’ after ‘‘educate the

3 public on’’; and

4 (3) by inserting a comma after ‘‘gas leaks’’.

5 SEC. 12. ADMINISTRATIVE.

6 Section 60117 is amended—

7 (1) by adding at the end of subsection (b) the

8 following: ‘‘The Secretary may require owners and

9 operators of gathering lines to provide the Secretary

10 information pertinent to the Secretary’s ability to

11 make a determination as to whether and to what ex12 tent to regulate gathering lines.’’;

13 (2) by adding at the end thereof the following:

14 ‘‘(k) AUTHORITY FOR COOPERATIVE AGREE15 MENTS.—To carry out this chapter, the Secretary may

16 enter into grants, cooperative agreements, and other

17 transactions with any person, agency, or instrumentality

18 of the United States, any unit of State or local govern19 ment, any educational institution, or any other entity to

20 further the objectives of this chapter. The objectives of

21 this chapter include the development, improvement, and

22 promotion of one-call damage prevention programs, re23 search, risk assessment, and mapping.’’; and

24 (3) by striking ‘‘transporting gas or hazardous

25 liquid’’ in subsection (b) and inserting ‘‘owning’’.
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1 SEC. 13. COMPLIANCE.

2 (a) Section 60118 (a) is amended—

3 (1) by striking ‘‘transporting gas or hazardous

4 liquid or’’ in subsection (a); and

5 (2) by striking paragraph (1) and inserting the

6 following:

7 ‘‘(1) comply with applicable safety standards

8 prescribed under this chapter, except as provided in

9 this section or in section 60126;’’.

10 (b) Section 60118 (b) is amended to read as follows:

11 ‘‘(b) COMPLIANCE ORDERS.—The Secretary of

12 Transportation may issue orders directing compliance

13 with this chapter, an order under section 60126, or a reg14 ulation prescribed under this chapter. An order shall state

15 clearly the action a person must take to comply.’’.

16 (c) Section 60118(c) is amended by striking ‘‘trans17 porting gas or hazardous liquid’’ and inserting ‘‘owning’’.

18 SEC. 14. DAMAGE REPORTING.

19 Section 60123(d)(2) is amended—

20 (1) by striking ‘‘or’’ at the end of subparagraph

21 (A);

22 (2) by redesignating subparagraph (B) as sub23 paragraph (C); and

24 (3) by inserting after subparagraph (A) the fol25 lowing:
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1 ‘‘(B) a pipeline facility that does not report

2 the damage promptly to the operator of the

3 pipeline facility and to other appropriate au4 thorities; or’’.

5 SEC. 15. BIENNIAL REPORTS.

6 (a) BIENNIAL REPORTS.—

7 (1) SECTION HEADING.—The section heading of

8 section 60124 is amended to read as follows:

9 ‘‘§ 60124. Biennial reports’’.

10 (2) REPORTS.—Section 60124(a) is amended

11 by striking the first sentence and inserting the fol12 lowing: ‘‘Not later than August 15, 1997, and every

13 2 years thereafter, the Secretary of Transportation

14 shall submit to Congress a report on carrying out

15 this chapter for the 2 immediately preceding cal16 endar years for gas and a report on carrying out

17 this chapter for such period for hazardous liquid.’’.

18 (c) CONFORMING AMENDMENT.—The analysis for

19 chapter 601 is amended by striking the item relating to

20 section 60124 and inserting the following:

‘‘60124. Biennial reports.’’.

21 SEC. 16. POPULATION ENCROACHMENT.

22 (a) IN GENERAL.—Chapter 601, as amended by sec23 tion 5, is further amended by adding at the end the follow24 ing new section:
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1 ‘‘§ 60127. Population encroachment

2 ‘‘(a) LAND USE RECOMMENDATIONS.—The Sec3 retary of Transportation shall make available to an appro4 priate official of each State, as determined by the Sec5 retary, the land use recommendations of the special report

6 numbered 219 of the Transportation Research Board, en7 titled ‘Pipelines and Public Safety’.

8 ‘‘(b) EVALUATION.—The Secretary shall—

9 ‘‘(1) evaluate the recommendations in the re10 port referred to in subsection (a);

11 ‘‘(2) determine to what extent the recommenda12 tions are being implemented;

13 ‘‘(3) consider ways to improve the implementa14 tion of the recommendations; and

15 ‘‘(4) consider other initiatives to further im16 prove awareness of local planning and zoning enti17 ties regarding issues involved with population en18 croachment in proximity to the rights-of-way of any

19 interstate gas pipeline facility or interstate hazard20 ous liquid pipeline facility.’’.

21 (b) CONFORMING AMENDMENT.—The analysis for

22 chapter 601 is amended by inserting after the item relat23 ing to section 60126 the following:

‘‘60127. Population encroachment.’’.
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1 SEC. 17. USER FEES.

2 (a) IN GENERAL.—Not later than 1 year after the

3 date of the enactment of this Act, the Secretary of Trans4 portation shall transmit to the Congress a report analyz5 ing the present assessment of pipeline safety user fees

6 solely on the basis of mileage to determine whether—

7 (1) that measure of the resources of the De8 partment of Transportation is the most appropriate

9 measure of the resources used by the Department of

10 Transportation in the regulation of pipeline trans11 portation; or

12 (2) another basis of assessment would be a

13 more appropriate measure of those resources.

14 (b) CONSIDERATIONS.—In making the report, the

15 Secretary shall consider a wide range of assessment fac16 tors and suggestions and comments from the public.

17 SEC. 18. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

18 (a) AMENDMENT.—Chapter 601, as amended by sec19 tion 16, is further amended by adding at the end the fol20 lowing new section:

21 ‘‘§ 60128. Dumping within pipeline rights-of-way

22 ‘‘(a) PROHIBITION.—No person shall excavate for the

23 purpose of unauthorized disposal within the right-of-way

24 of an interstate gas pipeline facility or interstate hazard25 ous liquid pipeline facility, or any other limited area in

26 the vicinity of any such interstate pipeline facility estab-
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1 lished by the Secretary of Transportation, and dispose

2 solid waste therein.

3 ‘‘(b) DEFINITION.—For purposes of this section, the

4 term ‘solid waste’ has the meaning given that term in sec5 tion 1004(27) of the Solid Waste Disposal Act (42 U.S.C.

6 6903(27)).’’.

7 (b) CONFORMING AMENDMENTS.—

8 (1) CROSS-REFERENCE.—Section 60123(a) is

9 amended by striking ‘‘or 60118(a)’’ and inserting ‘‘,

10 60118(a), or 60128’’.

11 (2) CHAPTER ANALYSIS.—The analysis for

12 chapter 601 is amended by adding at the end the

13 following new item:

‘‘60128. Dumping within pipeline rights-of-way.’’.

14 SEC. 19. PREVENTION OF DAMAGE TO PIPELINE FACILI15 TIES.

16 Section 60117(a) is amended by inserting after ‘‘and

17 training activities’’ the following: ‘‘and promotional activi18 ties relating to prevention of damage to pipeline facilities’’.

19 SEC. 20. TECHNICAL CORRECTIONS.

20 (a) SECTION 60105.—The heading for section 60105

21 is amended by inserting ‘‘pipeline safety program’’

22 after ‘‘State’’.

23 (b) SECTION 60106.—The heading for section 60106

24 is amended by inserting ‘‘pipeline safety’’ after

25 ‘‘State’’.
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1 (c) SECTION 60107.—The heading for section 60107

2 is amended by inserting ‘‘pipeline safety’’ after

3 ‘‘State’’.

4 (d) SECTION 60114.—Section 60114 is amended—

5 (1) by striking ‘‘60120, 60122, and 60123’’ in

6 subsection (a)(9) and inserting ‘‘60120 and 60122’’;

7 (2) by striking subsections (b) and (d); and

8 (3) by redesignating subsections (c) and (e) as

9 subsections (b) and (d), respectively.

10 (e) CHAPTER ANALYSIS.—The analysis for chapter

11 601 is amended—

12 (1) by inserting ‘‘pipeline safety program’’ in

13 the item relating to section 60105 after ‘‘State’’;

14 (2) by inserting ‘‘pipeline safety’’ in the item

15 relating to section 60106 after ‘‘State’’; and

16 (3) by inserting ‘‘pipeline safety’’ in the item

17 relating to section 60107 after ‘‘State’’.

18 (f) SECTION 60101.—Section 60101(b) is amended

19 by striking ‘‘define by regulation’’ each place it appears

20 and inserting ‘‘prescribe standards defining’’.

21 (g) SECTION 60102.—Section 60102 is amended by

22 striking ‘‘regulations’’ each place it appears in subsections

23 (f)(2), (i), and (j)(2) and inserting ‘‘standards’’.

24 (h) SECTION 60108.—Section 60108 is amended—
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1 (1) by striking ‘‘regulations’’ in subsections

2 (c)(2)(B), (c)(4)(B), and (d)(3) and inserting

3 ‘‘standards’’; and

4 (2) by striking ‘‘require by regulation’’ in sub5 section (c)(4)(A) and inserting ‘‘establish a stand6 ard’’.

7 (i) SECTION 60109.—Section 60109(a) is amended

8 by striking ‘‘regulations’’ and inserting ‘‘standards’’.

9 (j) SECTION 60110.—Section 60110 is amended by

10 striking ‘‘regulations’’ in subsections (b), (c)(1), and

11 (c)(2) and inserting ‘‘standards’’.

12 (k) SECTION 60113.—Section 60113(a) is amended

13 by striking ‘‘regulations’’ and inserting ‘‘standards’’.

14 SEC. 21. AUTHORIZATION OF APPROPRIATIONS.

15 (a) GAS AND HAZARDOUS LIQUID.—Section 60125

16 is amended—

17 (1) by striking subsection (a) and inserting the

18 following new subsection:

19 ‘‘(a) GAS AND HAZARDOUS LIQUID.—To carry out

20 this chapter (except for sections 60107 and 60114(b)) re21 lated to gas and hazardous liquid, there are authorized

22 to be appropriated to the Department of Transportation—

23 ‘‘(1) $19,448,000 for fiscal year 1996;

24 ‘‘(2) $20,028,000 for fiscal year 1997, of which

25 $14,600,000 is to be derived from user fees for fis-
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1 cal year 1997 collected under section 60301 of this

2 title;

3 ‘‘(3) $20,729,000 for fiscal year 1998, of which

4 $15,100,000 is to be derived from user fees for fis5 cal year 1998 collected under section 60301 of this

6 title;

7 ‘‘(4) $21,442,000 for fiscal year 1999, of which

8 $15,700,000 is to be derived from user fees for fis9 cal year 1999 collected under section 60301 of this

10 title’’; and

11 ‘‘(5) $22,194,000 for fiscal year 2000, of which

12 $16,300,000 is to be derived from user fees for fis13 cal year 2000 collected under section 60301 of this

14 title.’’.

15 (b) STATE GRANTS.—Section 60125(c)(1) is amend16 ed by adding at the end the following:

17 ‘‘(D) $12,000,000 for fiscal year 1996.

18 ‘‘(E) $14,000,000 for fiscal year 1997, of which

19 $12,500,000 is to be derived from user fees for fis20 cal year 1997 collected under section 60301 of this

21 title.

22 ‘‘(F) $14,490,000 for fiscal year 1998, of which

23 $12,900,000 is to be derived from user fees for fis24 cal year 1998 collected under section 60301 of this

25 title.
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1 ‘‘(G) $15,000,000 for fiscal year 1999, of which

2 $13,300,000 is to be derived from user fees for fis3 cal year 1999 collected under section 60301 of this

4 title.

5 ‘‘(H) $15,524,000 for fiscal year 2000, of

6 which $13,700,000 is to be derived from user fees

7 for fiscal year 2000 collected under section 60301 of

8 this title.’’.

Passed the Senate September 26, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 1505

AN ACT

To reduce risk to public safety and the environment

purposes.gas and hazardous liquids, and for otherassociated with pipeline transportation of natural