49 U.S.C. § 60109 : US Code - Section 60109: High-density population areas and environmentally sensitive areas

Search 49 U.S.C. § 60109 : US Code - Section 60109: High-density population areas and environmentally sensitive areas

(a) Identification Requirements. - Not later than October 24,
1994, the Secretary of Transportation shall prescribe standards
that -
(1) establish criteria for identifying -
(A) by operators of gas pipeline facilities, each gas
pipeline facility (except a natural gas distribution line)
located in a high-density population area; and
(B) by operators of hazardous liquid pipeline facilities and
gathering lines -
(i) each hazardous liquid pipeline facility, whether
otherwise subject to this chapter, that crosses waters where
a substantial likelihood of commercial navigation exists or
that is located in an area described in the criteria as a
high-density population area; and
(ii) each hazardous liquid pipeline facility and gathering
line, whether otherwise subject to this chapter, located in
an area that the Secretary, in consultation with the
Administrator of the Environmental Protection Agency,
describes as unusually sensitive to environmental damage if
there is a hazardous liquid pipeline accident; and
(2) provide that the identification be carried out through the
inventory required under section 60102(e) of this title.
(b) Areas To Be Included as Unusually Sensitive. - When
describing areas that are unusually sensitive to environmental
damage if there is a hazardous liquid pipeline accident, the
Secretary shall consider areas where a pipeline rupture would
likely cause permanent or long-term environmental damage, including
-
(1) locations near pipeline rights-of-way that are critical to
drinking water, including intake locations for community water
systems and critical sole source aquifer protection areas; and
(2) locations near pipeline rights-of-way that have been
identified as critical wetlands, riverine or estuarine systems,
national parks, wilderness areas, wildlife preservation areas or
refuges, wild and scenic rivers, or critical habitat areas for
threatened and endangered species.
(c) Risk Analysis and Integrity Management Programs. -
(1) Requirement. - Each operator of a gas pipeline facility
shall conduct an analysis of the risks to each facility of the
operator located in an area identified pursuant to subsection
(a)(1) and defined in chapter 192 of title 49, Code of Federal
Regulations, including any subsequent modifications, and shall
adopt and implement a written integrity management program for
such facility to reduce the risks.
(2) Regulations. -
(A) In general. - Not later than 12 months after the date of
enactment of this subsection, the Secretary shall issue
regulations prescribing standards to direct an operator's
conduct of a risk analysis and adoption and implementation of
an integrity management program under this subsection. The
regulations shall require an operator to conduct a risk
analysis and adopt an integrity management program within a
time period prescribed by the Secretary, ending not later than
24 months after such date of enactment. Not later than 18
months after such date of enactment, each operator of a gas
pipeline facility shall begin a baseline integrity assessment
described in paragraph (3).
(B) Authority to issue regulations. - The Secretary may
satisfy the requirements of this paragraph through the issuance
of regulations under this paragraph or under other authority of
law.
(3) Minimum requirements of integrity management programs. - An
integrity management program required under paragraph (1) shall
include, at a minimum, the following requirements:
(A) A baseline integrity assessment of each of the operator's
facilities in areas identified pursuant to subsection (a)(1)
and defined in chapter 192 of title 49, Code of Federal
Regulations, including any subsequent modifications, by
internal inspection device, pressure testing, direct
assessment, or an alternative method that the Secretary
determines would provide an equal or greater level of safety.
The operator shall complete such assessment not later than 10
years after the date of enactment of this subsection. At least
50 percent of such facilities shall be assessed not later than
5 years after such date of enactment. The operator shall
prioritize such facilities for assessment based on all risk
factors, including any previously discovered defects or
anomalies and any history of leaks, repairs, or failures. The
operator shall ensure that assessments of facilities with the
highest risks are given priority for completion and that such
assessments will be completed not later than 5 years after such
date of enactment.
(B) Subject to paragraph (5), periodic reassessment of the
facility, at a minimum of once every 7 years, using methods
described in subparagraph (A).
(C) Clearly defined criteria for evaluating the results of
assessments conducted under subparagraphs (A) and (B) and for
taking actions based on such results.
(D) A method for conducting an analysis on a continuing basis
that integrates all available information about the integrity
of the facility and the consequences of releases from the
facility.
(E) A description of actions to be taken by the operator to
promptly address any integrity issue raised by an evaluation
conducted under subparagraph (C) or the analysis conducted
under subparagraph (D).
(F) A description of measures to prevent and mitigate the
consequences of releases from the facility.
(G) A method for monitoring cathodic protection systems
throughout the pipeline system of the operator to the extent
not addressed by other regulations.
(H) If the Secretary raises a safety concern relating to the
facility, a description of the actions to be taken by the
operator to address the safety concern, including issues raised
with the Secretary by States and local authorities under an
agreement entered into under section 60106.
(4) Treatment of baseline integrity assessments. - In the case
of a baseline integrity assessment conducted by an operator in
the period beginning on the date of enactment of this subsection
and ending on the date of issuance of regulations under this
subsection, the Secretary shall accept the assessment as
complete, and shall not require the operator to repeat any
portion of the assessment, if the Secretary determines that the
assessment was conducted in accordance with the requirements of
this subsection.
(5) Waivers and modifications. - In accordance with section
60118(c), the Secretary may waive or modify any requirement for
reassessment of a facility under paragraph (3)(B) for reasons
that may include the need to maintain local product supply or the
lack of internal inspection devices if the Secretary determines
that such waiver is not inconsistent with pipeline safety.
(6) Standards. - The standards prescribed by the Secretary
under paragraph (2) shall address each of the following factors:
(A) The minimum requirements described in paragraph (3).
(B) The type or frequency of inspections or testing of
pipeline facilities, in addition to the minimum requirements of
paragraph (3)(B).
(C) The manner in which the inspections or testing are
conducted.
(D) The criteria used in analyzing results of the inspections
or testing.
(E) The types of information sources that must be integrated
in assessing the integrity of a pipeline facility as well as
the manner of integration.
(F) The nature and timing of actions selected to address the
integrity of a pipeline facility.
(G) Such other factors as the Secretary determines
appropriate to ensure that the integrity of a pipeline facility
is addressed and that appropriate mitigative measures are
adopted to protect areas identified under subsection (a)(1).
In prescribing those standards, the Secretary shall ensure that
all inspections required are conducted in a manner that minimizes
environmental and safety risks, and shall take into account the
applicable level of protection established by national consensus
standards organizations.
(7) Additional optional standards. - The Secretary may also
prescribe standards requiring an operator of a pipeline facility
to include in an integrity management program under this
subsection -
(A) changes to valves or the establishment or modification of
systems that monitor pressure and detect leaks based on the
operator's risk analysis; and
(B) the use of emergency flow restricting devices.
(8) Lack of regulations. - In the absence of regulations
addressing the elements of an integrity management program
described in this subsection, the operator of a pipeline facility
shall conduct a risk analysis and adopt and implement an
integrity management program described in this subsection not
later than 24 months after the date of enactment of this
subsection and shall complete the baseline integrity assessment
described in this subsection not later than 10 years after such
date of enactment. At least 50 percent of such facilities shall
be assessed not later than 5 years after such date of enactment.
The operator shall prioritize such facilities for assessment
based on all risk factors, including any previously discovered
defects or anomalies and any history of leaks, repairs, or
failures. The operator shall ensure that assessments of
facilities with the highest risks are given priority for
completion and that such assessments will be completed not later
than 5 years after such date of enactment.
(9) Review of integrity management programs. -
(A) Review of programs. -
(i) In general. - The Secretary shall review a risk
analysis and integrity management program under paragraph (1)
and record the results of that review for use in the next
review of an operator's program.
(ii) Context of review. - The Secretary may conduct a
review under clause (i) as an element of the Secretary's
inspection of an operator.
(iii) Inadequate programs. - If the Secretary determines
that a risk analysis or integrity management program does not
comply with the requirements of this subsection or
regulations issued as described in paragraph (2), or is
inadequate for the safe operation of a pipeline facility, the
Secretary shall act under section 60108(a)(2) to require the
operator to revise the risk analysis or integrity management
program.
(B) Amendments to programs. - In order to facilitate reviews
under this paragraph, an operator of a pipeline facility shall
notify the Secretary of any amendment made to the operator's
integrity management program not later than 30 days after the
date of adoption of the amendment. The Secretary shall review
any such amendment in accordance with this paragraph.
(C) Transmittal of programs to state authorities. - The
Secretary shall provide a copy of each risk analysis and
integrity management program reviewed by the Secretary under
this paragraph to any appropriate State authority with which
the Secretary has entered into an agreement under section
60106.
(10) State review of integrity management plans. - A State
authority that enters into an agreement pursuant to section
60106, permitting the State authority to review the risk analysis
and integrity management program pursuant to paragraph (9), may
provide the Secretary with a written assessment of the risk
analysis and integrity management program, make recommendations,
as appropriate, to address safety concerns not adequately
addressed by the operator's risk analysis or integrity management
program, and submit documentation explaining the State-proposed
revisions. The Secretary shall consider carefully the State's
proposals and work in consultation with the States and operators
to address safety concerns.
(11) Application of standards. - Section 60104(b) shall not
apply to this section.
(d) Evaluation of Integrity Management Regulations. - Not later
than 4 years after the date of enactment of this subsection, the
Comptroller General shall complete an assessment and evaluation of
the effects on public safety and the environment of the
requirements for the implementation of integrity management
programs contained in the standards prescribed as described in
subsection (c)(2).