I
104TH CONGRESS
1ST SESSION
H. R. 1323
To reduce risk to public safety and the environment associated with pipeline
transportation of natural gas and hazardous liquids, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1995
Mr. SHUSTER (for himself, Mr. PETRI, Mr. LAUGHLIN, and Mr. BREWSTER)
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 juris-
diction of the committee concerned
A BILL
To reduce risk to public safety and the environment associ-
ated with pipeline transportation of natural gas and haz-
ardous liquids, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Pipeline Safety Act
of 1995’’.
SEC. 2. REFERENCES.
(a) REFERENCES TO TITLE 49.—Except as otherwise
expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or
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.
(b) REFERENCES TO THE SECRETARY OF TRANSPOR-
TATION.—Except as otherwise expressly provided, any ref-
erence in this Act to the ‘‘Secretary’’ is a reference to the
Secretary of Transportation.
SEC. 3. ANALYSIS OF RISK REDUCTION BENEFITS AND
COSTS.
(a) IN GENERAL.—Chapter 601 is amended by add-
ing at the end the following new section:
‘‘§ 60126. Analysis of risk reduction benefits and costs
‘‘(a) REQUIREMENT.—No final significant standard
or regulatory requirement issued under section 60101(b),
60102, 60103, 60108, 60109, 60110, or 60113 shall be
promulgated unless the Secretary of Transportation—
‘‘(1) certifies that the Secretary has conducted
an analysis of risk reduction benefits and costs that
is based on objective and unbiased scientific and eco-
nomic evaluations of all significant and relevant in-
formation and risk assessments provided to the De-
partment of Transportation by interested parties or
generated by the Department itself relating to the
costs, risks, and risk reduction and other benefits
addressed by the standard or requirement;
‘‘(2) certifies that the incremental risk reduc-
tion or other benefits of any option chosen will be
likely to justify, and be reasonably related to, the in-
cremental costs incurred by State, local, and tribal
governments and the Federal Government and other
public and private citizens; and
‘‘(3) explains why any other options identified
or considered by the Secretary were found either—
‘‘(A) to be less cost-effective at achieving a
substantially equivalent reduction in risk; or
‘‘(B) to provide less flexibility to State,
local, or tribal governments or regulated entities
in achieving the otherwise applicable objectives
of the standard or requirement, along with a
brief explanation of why other options that were
identified or considered by the Secretary were
found to be less cost-effective or less flexible.
‘‘(b) ELEMENTS OF ANALYSIS.—An analysis of risk
reduction benefits or costs prepared by the Secretary for
a significant standard or regulatory requirement, at a
minimum, shall—
‘‘(1) identify the various regulatory and non-
regulatory options that were considered;
‘‘(2) analyze the incremental costs and benefits
to public safety and protection of the environment
associated with the proposed standard or require-
ment;
‘‘(3) provide any technical data or other infor-
mation, including the underlying assumptions, upon
which the standard or requirement is based; and
‘‘(4) include a statement that places in context
the nature and magnitude of the risks to be ad-
dressed and the residual risks likely to remain for
each option identified or considered.
‘‘(c) RISK ASSESSMENT DOCUMENTS.—A risk assess-
ment document prepared by the Secretary for a significant
standard or regulatory requirement, at a minimum,
shall—
‘‘(1) provide the best estimate for the impacts
addressed and, to the extent feasible, a statement of
the reasonable range of scientific uncertainties;
‘‘(2) include a statement of any significant sub-
stitution risks to public safety or the environment;
and
‘‘(3) contain a statement that places in context
the nature and magnitude of risks to public safety
or the environment.