[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1505 Reported in Senate (RS)]
Calendar No. 540
104th CONGRESS
2d Session
S. 1505
[Report No. 104-334]
_______________________________________________________________________
A BILL
To reduce risk to public safety and the environment associated with
pipeline transportation of natural gas and hazardous liquids, and for
other purposes.
_______________________________________________________________________
July 26, 1996
Reported with an amendment in the nature of a substitute
Calendar No. 540
104th CONGRESS
2d Session
S. 1505
[Report No. 104-334]
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 SENATE OF THE UNITED STATES
December 22, 1995
Mr. Lott (for himself, Mr. Breaux, Mrs. Hutchison, Mr. Exon, Mr. Burns,
Mr. Shelby, Mr. Inouye, Mr. Ford, Mr. Cochran, Mr. Frist, Mr. Inhofe,
Mr. Pressler, Mr. Stevens, Mr. Heflin, and Mr. Johnston) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
July 26, 1996
Reported by Mr. Pressler, with an amendment in the nature of a
substitute
[Strike all after the enacting clause and insert the part printed in
italic]
_______________________________________________________________________
A BILL
To reduce risk to public safety and the environment associated with
pipeline transportation of natural gas and hazardous liquids, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Accountable Pipeline Safety
and Partnership Act of 1995''.</DELETED>
<DELETED> SEC. 2. REFERENCES.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> SEC. 3. DEFINITIONS.</DELETED>
<DELETED> (a) In General.--Section 60101(a) is amended--</DELETED>
<DELETED> (1) in each of paragraphs (1) through (22), by
striking the period at the end and inserting a
semicolon;</DELETED>
<DELETED> (2) in paragraph (21), by striking subparagraph
(B) and inserting the following:</DELETED>
<DELETED> ``(B) does not include the gathering of
gas, other than gathering through regulated gathering
lines, in those rural locations that are located
outside the limits of any incorporated or
unincorporated city, town, or village, or any other
designated residential or commercial area (including a
subdivision, business, shopping center, or community
development) or any similar populated area that the
Secretary of Transportation determines to be a nonrural
area, except that the term `transporting gas' includes
the movement of gas through regulated gathering
lines;''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(23) `benefits' means the reasonably
identifiable or estimated safety, environmental, and economic
benefits that are reasonably expected to result directly or
indirectly from the implementation of a standard, regulatory
requirement, or option;</DELETED>
<DELETED> ``(24) `costs' means, with respect to the
implementation of, or compliance with, a standard, regulatory
requirement, or option, the estimated or actual direct and
indirect costs of that implementation or compliance;</DELETED>
<DELETED> ``(25) `incremental benefit' or `incremental cost'
means the additional estimated benefit or cost that--</DELETED>
<DELETED> ``(A) would be caused by a particular
action (whether regulatory or nonregulatory) in
comparison with other options that may be taken in lieu
of that action; and</DELETED>
<DELETED> ``(B) is based on quantifiable or
qualifiable assessments that use generally available
and reasonably obtainable scientific or economic
data;</DELETED>
<DELETED> ``(26) `risk management' means the systematic
application, by the owner or operator of a pipeline facility,
of management policies, procedures, finite resources, and
practices to the tasks of analyzing, assessing, and minimizing
risk in order to protect employees, the general public, the
environment, and pipeline facilities;</DELETED>
<DELETED> ``(27) `risk management plan' means a management
plan utilized by a gas or hazardous liquid pipeline facility
owner or operator that encompasses risk management;
and</DELETED>
<DELETED> ``(28) `Secretary' means--</DELETED>
<DELETED> ``(A) the Secretary of Transportation;
or</DELETED>
<DELETED> ``(B) if applicable, any person to whom
the Secretary of Transportation delegates authority
with respect to a matter concerned.''.</DELETED>
<DELETED> (b) Gathering Lines.--Section 60101(b)(2) is amended by
inserting ``, if appropriate,'' after ``Secretary'' the first place it
appears.</DELETED>
<DELETED> SEC. 4. GENERAL AUTHORITY.</DELETED>
<DELETED> (a) Minimum Safety Standards.--Section 60102(a) is
amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking subparagraph (C)
and inserting the following:</DELETED>
<DELETED> ``(C) shall include a requirement that all
individuals who operate and maintain pipeline facilities shall
be qualified to operate and maintain the pipeline
facilities.''; and</DELETED>
<DELETED> (2) by striking paragraph (2) and inserting the
following:</DELETED>
<DELETED> ``(2) The qualifications applicable to an individual who
operates and maintains a pipeline facility shall address the ability to
recognize and react appropriately to abnormal operating conditions that
may indicate a dangerous situation or a condition exceeding design
limits. The operator of a pipeline facility shall ensure that employees
who operate and maintain the facility are qualified to operate and
maintain the pipeline facilities.''.</DELETED>
<DELETED> (b) Practicability and Safety Needs Standards.--Section
60102(b) is amended to read as follows:</DELETED>
<DELETED> ``(b) Practicability and Safety Needs.--</DELETED>
<DELETED> ``(1) In general.--A standard prescribed under
subsection (a) shall be--</DELETED>
<DELETED> ``(A) practicable; and</DELETED>
<DELETED> ``(B) designed to meet the need for--
</DELETED>
<DELETED> ``(i) gas pipeline
safety;</DELETED>
<DELETED> ``(ii) safely transporting
hazardous liquids; and</DELETED>
<DELETED> ``(iii) protecting the
environment.</DELETED>
<DELETED> ``(2) Factors for consideration.--Except as
provided in section 60112, when prescribing a standard under
this section or section 60101(b), 60103, 60108, 60109, 60110,
or 60113, the Secretary shall consider--</DELETED>
<DELETED> ``(A) relevant available--</DELETED>
<DELETED> ``(i) gas pipeline safety
information; or</DELETED>
<DELETED> ``(ii) hazardous liquid pipeline
safety and environmental protection
information;</DELETED>
<DELETED> ``(B) the appropriateness of the standard
for the particular type of pipeline transportation or
facility;</DELETED>
<DELETED> ``(C) the reasonableness of the
standard;</DELETED>
<DELETED> ``(D) based on a risk assessment, the
extent to which the standard will benefit public safety
and the protection of the environment;</DELETED>
<DELETED> ``(E) the costs of compliance with the
standard;</DELETED>
<DELETED> ``(F) comments and information received
from the public; and</DELETED>
<DELETED> ``(G) the comments and recommendations of
the Technical Pipeline Safety Standards Committee
described in section 60115 and the Liquid Pipeline
Safety Standards Committee described in section
60115.</DELETED>
<DELETED> ``(3) Risk assessment document.--In prescribing a
standard referred to in paragraph (2), the Secretary shall
prepare a risk assessment document that--</DELETED>
<DELETED> ``(A) identifies the regulatory and
nonregulatory options that the Secretary considered in
prescribing a proposed standard;</DELETED>
<DELETED> ``(B) identifies the incremental costs and
incremental benefits with respect to public safety and
the protection of the environment that are associated
with the proposed standard;</DELETED>
<DELETED> ``(C) includes--</DELETED>
<DELETED> ``(i) an explanation of the
reasons for the selection of the proposed
standard in lieu of the other options
identified; and</DELETED>
<DELETED> ``(ii) with respect to each of
those other options, a brief explanation of the
reasons that the Secretary found that option to
be less cost-effective or flexible than the
proposed standard; and</DELETED>
<DELETED> ``(D) provides any technical data or other
information upon which the risk assessment document and
proposed standard is based.</DELETED>
<DELETED> ``(4) Review.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall--
</DELETED>
<DELETED> ``(i) submit each risk assessment
document prepared under this section to the
Technical Pipeline Safety Standards Committee
described in section 60115 or the Hazardous
Liquid Pipeline Safety Standards Committee
described in section 60115, or both, as
appropriate; and</DELETED>
<DELETED> ``(ii) make that document
available to the general public.</DELETED>
<DELETED> ``(B) Peer review panels.--The committees
referred to in subparagraph (A) shall serve as peer
review panels to review risk assessment documents
prepared under this section. Not later than 90 days
after receiving a risk assessment document for review
pursuant to subparagraph (A), each committee that
receives that document shall prepare and submit to the
Secretary a report that includes--</DELETED>
<DELETED> ``(i) an evaluation of the merit
of the data and methods used in that document;
and</DELETED>
<DELETED> ``(ii) any recommended options
relating to that document and the associated
standard or regulatory requirement that the
committee determines to be
appropriate.</DELETED>
<DELETED> ``(C) Review by secretary.--Not later than
90 days after receiving a report submitted by a
committee under subparagraph (B), the Secretary--
</DELETED>
<DELETED> ``(i) shall review the
report;</DELETED>
<DELETED> ``(ii) shall provide a written
response to the committee that is the author of
the report concerning all significant peer
review comments and recommended alternatives
contained in the report; and</DELETED>
<DELETED> ``(iii) may revise the risk
assessment and the proposed standard or
regulatory requirement before promulgating the
final standard or requirement.</DELETED>
<DELETED> ``(5) Incremental benefits and costs.--Before
issuing a final standard that is subject to the requirements
contained in paragraphs (1) and (2), the Secretary shall
certify that the incremental benefits of the final standard
will likely justify, and be reasonably related to, the
incremental costs incurred by the Federal Government and State,
local, and tribal governments and any other public entity, and
the private sector.</DELETED>
<DELETED> ``(6) Emergencies.--In the case of an emergency
that meets the criteria described in section 60112(e), the
Secretary may suspend the application of this section for the
duration of the emergency.</DELETED>
<DELETED> ``(7) Report.--Not later than March 31, 1999, the
Secretary shall transmit to the Congress a report that--
</DELETED>
<DELETED> ``(A) describes the implementation of the
risk assessment requirements of this section, including
the extent to which those requirements have improved
regulatory decision making; and</DELETED>
<DELETED> ``(B) includes any recommendations that
the Secretary determines would make the risk
assessments conducted pursuant to the requirements
under this chapter a more effective means of assessing
the benefits and costs associated with alternative
regulatory and nonregulatory options in prescribing
standards under the Federal pipeline safety regulatory
program under this chapter.''.</DELETED>
<DELETED> (c) Facility Operation Information Standards.--The first
sentence of section 60102(d) is amended--</DELETED>
<DELETED> (1) by inserting ``as required by the standards
prescribed under this chapter'' after ``operating the
facility'';</DELETED>
<DELETED> (2) by striking ``to provide the information'' and
inserting ``to make the information available''; and</DELETED>
<DELETED> (3) by inserting ``as determined by the
Secretary'' after ``to the Secretary and an appropriate State
official''.</DELETED>
<DELETED> (d) Pipe Inventory Standards.--The first sentence of
section 60102(e) is amended--</DELETED>
<DELETED> (1) by striking ``and, to the extent the Secretary
considers necessary, an operator of a gathering line that is
not a regulated gathering line (as defined under section
60101(b)(2) of this title),''; and</DELETED>
<DELETED> (2) by striking ``transmission'' and inserting
``transportation''.</DELETED>
<DELETED> (e) Smart Pigs.--</DELETED>
<DELETED> (1) Minimum safety standards.--Section 60102(f) is
amended by striking paragraph (1) and inserting the
following:</DELETED>
<DELETED> ``(1) Minimum safety standards.--The Secretary
shall prescribe minimum safety standards requiring that the
design and construction of a new gas or hazardous liquid
pipeline transmission facility be carried out, to the extent
practicable, in a way that accommodates the passage through the
facility of an instrumented internal inspection device
(commonly referred to as a `smart pig'). The Secretary shall
also prescribe minimum safety standards that require that when
a segment of an existing gas or hazardous liquid pipeline
transmission facility is replaced, to the extent practicable,
the replacement segment can accommodate the passage of an
instrumented internal inspection device. The Secretary may
apply the standards to an existing gas or hazardous liquid
facility and require that the facility be changed to allow the
facility to be inspected with an instrumented internal
inspection device if the basic construction of the facility
will accommodate the device.''.</DELETED>
<DELETED> (2) Periodic inspections.--Section 60102(f)(2) is
amended--</DELETED>
<DELETED> (A) by striking ``(2) Not later than'' and
inserting the following:</DELETED>
<DELETED> ``(2) Periodic inspections.--Not later than'';
and</DELETED>
<DELETED> (B) by inserting ``, if necessary,
additional'' after ``the Secretary shall
prescribe''.</DELETED>
<DELETED> (f) Updating Standards.--Section 60102 is amended by
adding at the end the following new subsection:</DELETED>
<DELETED> ``(l) Updating Standards.--The Secretary shall, to the
extent appropriate and practicable, update incorporated industry
standards that have been adopted as part of the Federal pipeline safety
regulatory program under this chapter.''.</DELETED>
<DELETED> SEC. 5. RISK MANAGEMENT.</DELETED>
<DELETED> (a) In General.--Chapter 601 is amended by adding at the
end the following new section:</DELETED>
<DELETED>``Sec. 60126. Risk management</DELETED>
<DELETED> ``(a) Risk Management Program Demonstration Projects.--
</DELETED>
<DELETED> ``(1) In general.--The Secretary shall establish
risk management demonstration projects--</DELETED>
<DELETED> ``(A) to demonstrate, through the
voluntary participation by owners and operators of gas
pipeline facilities and hazardous liquid pipeline
facilities, the applications of risk management;
and</DELETED>
<DELETED> ``(B) to evaluate the safety and cost-
effectiveness of the applications referred to in
subparagraph (A).</DELETED>
<DELETED> ``(2) Waivers.--In carrying out a demonstration
project under this subsection, the Secretary--</DELETED>
<DELETED> ``(A) may waive, with respect to the owner
or operator of any pipeline facility covered under the
project (referred to in this subsection as a `covered
pipeline facility'), the applicability of all or a
portion of the requirements under this chapter that
would otherwise apply to that owner or operator with
respect to the pipeline facility; and</DELETED>
<DELETED> ``(B) shall waive, for the period of the
project, with respect to the owner or operator that
participates in the project, the applicability of any
new standard or regulatory requirement that the
Secretary promulgates under this chapter during the
period of that participation, if the Secretary
determines that the risk management plan applicable to
the demonstration project provides an overall level of
safety that is equivalent to or greater than the level
of safety provided by requiring the application of that
standard or regulatory requirement.</DELETED>
<DELETED> ``(b) Requirements.--In carrying out a demonstration
project under this section, the Secretary shall--</DELETED>
<DELETED> ``(1) invite owners and operators of pipeline
facilities to submit risk management plans for timely approval
by the Secretary;</DELETED>
<DELETED> ``(2) require, as a condition of approval, that a
risk management plan submitted under this subsection contain
measures that are designed to achieve an equivalent or greater
overall level of safety than would otherwise be achieved
through compliance with the standards and regulatory
requirements contained in this chapter or promulgated by the
Secretary under this chapter;</DELETED>
<DELETED> ``(3) provide for--</DELETED>
<DELETED> ``(A) collaborative government and
industry training;</DELETED>
<DELETED> ``(B) methods to measure the safety
performance of risk management plans;</DELETED>
<DELETED> ``(C) the development and application of
new technologies;</DELETED>
<DELETED> ``(D) the promotion of community awareness
concerning how the overall level of safety will be
enhanced by the demonstration project;</DELETED>
<DELETED> ``(E) the development of a model that
categorizes the risks inherent to each covered pipeline
facility, taking into consideration the location,
volume, pressure, and material transported or stored by
that pipeline facility;</DELETED>
<DELETED> ``(F) the application of risk assessment
and risk management methodologies that are suitable to
the inherent risks that are determined to exist through
the use of the model developed under subparagraph
(E);</DELETED>
<DELETED> ``(G) the development of project elements
that are necessary to ensure that--</DELETED>
<DELETED> ``(i) the owners and operators
that participate in the demonstration project
demonstrate that they are effectively managing
the risks referred to in subparagraph (E);
and</DELETED>
<DELETED> ``(ii) the risk management plans
carried out under the demonstration project
under this subsection can be audited;</DELETED>
<DELETED> ``(H) a process whereby an owner or
operator of a pipeline facility is able to amend,
modify, or otherwise adjust a risk management plan
referred to in paragraph (1) that has been approved by
the Secretary pursuant to that paragraph to respond
to--</DELETED>
<DELETED> ``(i) changed circumstances;
or</DELETED>
<DELETED> ``(ii) a determination by the
Secretary that the owner or operator is not
achieving an overall level of safety that is at
least equivalent to the level that would
otherwise be achieved through compliance with
the standards and regulatory requirements
contained in this chapter or promulgated by the
Secretary under this chapter; and</DELETED>
<DELETED> ``(I) such other elements as the
Secretary, with the agreement of the owners and
operators that participate in the demonstration project
under this section, determines to further the purposes
of this section; and</DELETED>
<DELETED> ``(4) in selecting participants for the
demonstration project, take into consideration the past safety
and regulatory performance of each applicant who submits a risk
management plan pursuant to paragraph (1).</DELETED>
<DELETED> ``(c) Emergencies.--In the case of an emergency that meets
the criteria described in section 60112(e), the Secretary may suspend
or revoke the participation of an owner or operator in the
demonstration project under this section.</DELETED>
<DELETED> ``(d) Participation by State Authority.--Notwithstanding
any other provision of this chapter, in carrying out the demonstration
project under this section, the Secretary may provide for the
participation in the demonstration project by a State that has in
effect a certification that has been approved by the Secretary under
section 60105.</DELETED>
<DELETED> ``(e) Report.--Not later than March 31, 1999, the
Secretary shall transmit to the Congress a report on the results of the
demonstration projects carried out under this section that includes--
</DELETED>
<DELETED> ``(1) an evaluation of each such demonstration
project, including an evaluation of the performance of each
participant in that project with respect to safety and
environmental protection; and</DELETED>
<DELETED> ``(2) recommendations concerning whether the
applications of risk management demonstrated under the
demonstration project should be incorporated into the Federal
pipeline safety program under this chapter on a permanent
basis.''.</DELETED>
<DELETED> (b) Conforming Amendment.--The analysis for chapter 601 is
amended by adding at the end the following:</DELETED>
<DELETED>``60126. Risk management.''.
<DELETED>SEC. 6. INSPECTION AND MAINTENANCE.</DELETED>
<DELETED> Section 60108 is amended--</DELETED>
<DELETED> (1) in subsection (a)(1), by striking
``transporting gas or hazardous liquid or'' each place it
appears;</DELETED>
<DELETED> (2) in subsection (b)(2), by striking the second
sentence;</DELETED>
<DELETED> (3) in the heading to subsection (c), by striking
``Navigable Waters'' and inserting ``Other Waters'';
and</DELETED>
<DELETED> (4) by striking clause (ii) of subsection
(c)(2)(A) and inserting the following:</DELETED>
<DELETED> ``(ii) any other pipeline facility crossing under,
over, or through waters where a substantial likelihood of
commercial navigation exists, if the Secretary decides that the
location of the facility in those waters could pose a hazard to
navigation or public safety.''.</DELETED>
<DELETED> SEC. 7. HIGH-DENSITY POPULATION AREAS AND ENVIRONMENTALLY
SENSITIVE AREAS.</DELETED>
<DELETED> (a) Identification.--Section 60109(a)(1)(B)(i) is amended
by striking ``a navigable waterway (as the Secretary defines by
regulation)'' and inserting ``waters where a substantial likelihood of
commercial navigation exists''.</DELETED>
<DELETED> (b) Unusually Sensitive Areas.--Section 60109(b) is
amended to read as follows:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 8. EXCESS FLOW VALUES.</DELETED>
<DELETED> Section 60110 is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in the first sentence, by inserting
``, if any,'' after ``circumstances''; and</DELETED>
<DELETED> (B) in paragraph (4), by inserting ``,
operating, and maintaining'' after ``cost of
installing'';</DELETED>
<DELETED> (2) in subsection (c)(1)(C), by inserting ``,
maintenance, and replacement'' after ``installation'';
and</DELETED>
<DELETED> (3) in subsection (e), by inserting after the
first sentence the following: ``The Secretary may adopt
industry accepted performance standards in order to comply with
the requirement under the preceding sentence.''.</DELETED>
<DELETED> SEC. 9. CUSTOMER-OWNED NATURAL GAS SERVICE LINES.</DELETED>
<DELETED> Section 60113 is amended--</DELETED>
<DELETED> (1) by striking ``(a) Maintenance Information.--
''; and</DELETED>
<DELETED> (2) by striking subsection (b).</DELETED>
<DELETED> SEC. 10. UNDERGROUND FACILITY DAMAGE PREVENTION
PROGRAMS.</DELETED>
<DELETED> (a) Application.--Section 60114(a) is amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``one-call notification system'' and inserting
``underground facility damage prevention program (hereafter in
this subsection referred to as a `program')'';</DELETED>
<DELETED> (2) in paragraph (1)--</DELETED>
<DELETED> (A) by striking ``the system apply to'';
and</DELETED>
<DELETED> (B) by inserting before the period the
following: ``be covered by the program'';</DELETED>
<DELETED> (3) in each of paragraphs (2), (4), (5), (6), and
(8), by striking ``system'' each place it appears and inserting
``program'';</DELETED>
<DELETED> (4) in paragraph (3), by striking ``appropriate
one-call notification system'' and inserting ``appropriate
program'';</DELETED>
<DELETED> (5) in paragraph (4), by striking
``qualifications'' and inserting ``Qualifications'';</DELETED>
<DELETED> (6) in paragraph (5), by striking ``procedures''
and inserting ``Procedures''; and</DELETED>
<DELETED> (7) in each of paragraphs (1), (2), (3), (6), (7),
(8), and (9), by striking ``a'' the first place it appears and
inserting ``A''.</DELETED>
<DELETED> (b) Sanctions.--Section 60114(a)(9), as amended by
subsection (a)(7), is further amended by striking ``60120, 60122, and
60123'' and inserting ``60120 and 60122''.</DELETED>
<DELETED> (c) Grants.--Section 60114(b) is amended by striking
``one-call notification system'' and inserting ``underground facility
damage prevention program''.</DELETED>
<DELETED> (d) Apportionment.--Section 60114(d) is amended by
striking ``one-call notification system'' each place it appears and
inserting ``underground facility damage prevention program''.</DELETED>
<DELETED> (e) Conforming Amendments.--</DELETED>
<DELETED> (1) Section heading.--The heading to section 60114
is amended to read as follows:</DELETED>
<DELETED>``Sec. 60114. Underground facility damage prevention
programs''.</DELETED>
<DELETED> (2) Chapter analysis.--The analysis for chapter
601 is amended by striking the item relating to section 60114
and inserting the following item:</DELETED>
<DELETED>``60114. Underground facility damage prevention programs.''.
<DELETED> SEC. 11. TECHNICAL SAFETY STANDARDS COMMITTEES.</DELETED>
<DELETED> (a) Peer Review.--Section 60115(a) is amended by adding at
the end the following: ``The committees referred to in the preceding
sentence shall serve as peer review committees for carrying out this
chapter. Peer reviews conducted by the committees shall be treated for
purposes of all Federal laws relating to risk assessment and peer
review (including laws that take effect after the date of the enactment
of the Pipeline Safety Act of 1995) as meeting any peer review
requirements of such laws.''.</DELETED>
<DELETED> (b) Composition and Appointment.--Section 60115(b) is
amended--</DELETED>
<DELETED> (1) in paragraph (1), by inserting ``or risk
management'' before the period at the end of the last
sentence;</DELETED>
<DELETED> (2) in paragraph (2), by inserting ``or risk
management'' before the period at the end of the last
sentence;</DELETED>
<DELETED> (3) in paragraph (3)--</DELETED>
<DELETED> (A) in subparagraph (B), by striking ``4''
and inserting ``5''; and</DELETED>
<DELETED> (B) in subparagraph (C), by striking ``6''
and inserting ``5''; and</DELETED>
<DELETED> (4) in paragraph (4)--</DELETED>
<DELETED> (A) in subparagraph (A), by adding at the
end the following: ``At least 1 of the individuals
selected for each committee under paragraph (3)(A)
shall have relevant scientific education, background,
or experience.'';</DELETED>
<DELETED> (B) in subparagraph (B), by adding at the
end the following: ``At least 1 of the individuals
selected for each committee under paragraph (3)(B)
shall have education, background, or experience in risk
assessment and cost-benefit analysis. The Secretary
shall consult with the national organizations
representing the owners and operators of pipeline
facilities before selecting individuals under paragraph
(3)(B).''; and</DELETED>
<DELETED> (C) in subparagraph (C), by inserting
after the first sentence the following: ``At least 1 of
the individuals selected for each committee under
paragraph (3)(C) shall have education, background, or
experience in risk assessment and cost-benefit
analysis.''.</DELETED>
<DELETED> (c) Committee Reports.--Section 60115(c) is amended--
</DELETED>
<DELETED> (1) by inserting ``or regulatory requirement''
after ``standard'' each place it appears in paragraphs (1),
(2), and (3);</DELETED>
<DELETED> (2) in paragraph (1)--</DELETED>
<DELETED> (A) in subparagraph (A), by inserting ``,
including the risk assessment document and other
analyses supporting each proposed standard or
regulatory requirement'' before the semicolon;
and</DELETED>
<DELETED> (B) in subparagraph (B), by inserting ``,
including the risk assessment document and other
analyses supporting each proposed standard or
regulatory requirement'' before the period;
and</DELETED>
<DELETED> (3) in paragraph (2)--</DELETED>
<DELETED> (A) in the first sentence--</DELETED>
<DELETED> (i) by inserting ``and supporting
analyses'' before the first comma;</DELETED>
<DELETED> (ii) by inserting ``and submit to
the Secretary'' after ``prepare'';</DELETED>
<DELETED> (iii) by inserting ``cost-
effectiveness,'' after ``reasonableness,'';
and</DELETED>
<DELETED> (iv) by inserting ``and include in
the report recommended actions'' before the
period at the end; and</DELETED>
<DELETED> (B) in the second sentence, by inserting
``any recommended actions and'' after
``including''.</DELETED>
<DELETED> (d) Proposed Committee Standards and Regulatory
Requirements.--Section 60115(d)(1) is amended by inserting ``or
regulatory requirement'' after ``standard'' each place it
appears.</DELETED>
<DELETED> (e) Meetings.--Section 60115(e) is amended by striking
``twice'' and inserting ``4 times''.</DELETED>
<DELETED> (f) Expenses.--Section 60115(f) is amended--</DELETED>
<DELETED> (1) in the subsection heading by striking ``Pay
and'';</DELETED>
<DELETED> (2) by striking the first 2 sentences;
and</DELETED>
<DELETED> (3) by inserting ``of a committee under this
section'' after ``A member''.</DELETED>
<DELETED>SEC. 12. PUBLIC EDUCATION PROGRAMS.</DELETED>
<DELETED> Section 60116 is amended--</DELETED>
<DELETED> (1) by striking ``person transporting gas'' and
inserting ``owner or operator of a gas pipeline
facility'';</DELETED>
<DELETED> (2) by inserting ``the use of an underground
facility damage prevention program prior to excavation,'' after
``educate the public on''; and</DELETED>
<DELETED> (3) by inserting a comma after ``gas
leaks''.</DELETED>
<DELETED>SEC. 13. ADMINISTRATIVE.</DELETED>
<DELETED> Section 60117 is amended by adding at the end the
following new subsection:</DELETED>
<DELETED> ``(k) Authority for Cooperative Agreements.--To carry out
this chapter, the Secretary may enter into grants, cooperative
agreements, and other transactions with any person, agency, or
instrumentality of the United States, any unit of State or local
government, any educational institution, or any other entity to further
the objectives of this chapter. The objectives of this chapter include
the development, improvement, and promotion of one-call damage
prevention programs, research, risk assessment, and
mapping.''.</DELETED>
<DELETED> SEC. 14. COMPLIANCE AND WAIVERS.</DELETED>
<DELETED> Section 60118 is amended by adding at the end the
following new subsection:</DELETED>
<DELETED> ``(e) Compliance With Risk Management Plans.--The owners
and operators of pipeline facilities that participate in the
demonstration project under section 60126 shall, during the applicable
period of participation in the program, be considered to be in
compliance with any prescribed safety standard or regulatory
requirement that is covered by a plan that is approved by the Secretary
under section 60126.''.</DELETED>
<DELETED>SEC. 15. DAMAGE REPORTING.</DELETED>
<DELETED> Section 60123(d)(2) is amended--</DELETED>
<DELETED> (1) by striking ``or'' at the end of subparagraph
(A);</DELETED>
<DELETED> (2) by redesignating subparagraph (B) as
subparagraph (C); and</DELETED>
<DELETED> (3) by inserting after subparagraph (A) the
following:</DELETED>
<DELETED> ``(B) a pipeline facility and does not
report the damage promptly to the operator of the
pipeline facility and to other appropriate authorities;
or''.</DELETED>
<DELETED> SEC. 16. BIANNUAL REPORTS.</DELETED>
<DELETED> (a) Biannual Reports.--</DELETED>
<DELETED> (1) Section heading.--The section heading of
section 60124 is amended to read as follows:</DELETED>
<DELETED>``Sec. 60124. Biannual reports''.</DELETED>
<DELETED> (2) Reports.--Section 60124(a) is amended by
striking the first sentence and inserting the
following:</DELETED>
<DELETED> ``(a) Submission and Comments.--Not later than August 15,
1997, and every 2 years thereafter, the Secretary of Transportation
shall submit to Congress a report on carrying out this chapter for the
2 immediately preceding calendar years for gas and a report on carrying
out this chapter for such period for hazardous liquid.''.</DELETED>
<DELETED> (b) Conforming Amendment.--The analysis for chapter 601 is
amended by striking the item relating to section 60124 and inserting
the following:</DELETED>
<DELETED>``60124. Biannual reports.''.
<DELETED>SEC. 17. POPULATION ENCROACHMENT.</DELETED>
<DELETED> (a) In General.--Chapter 601, as amended by section 5, is
further amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 60127. Population encroachment</DELETED>
<DELETED> ``(a) Land Use Recommendations.--The Secretary of
Transportation shall make available to an appropriate official of each
State, as determined by the Secretary, the land use recommendations of
the special report numbered 219 of the Transportation Research Board,
entitled `Pipelines and Public Safety'.</DELETED>
<DELETED> ``(b) Evaluation.--The Secretary shall--</DELETED>
<DELETED> ``(1) evaluate the recommendations in the report
referred to in subsection (a);</DELETED>
<DELETED> ``(2) determine to what extent the recommendations
are being implemented;</DELETED>
<DELETED> ``(3) consider ways to improve the implementation
of the recommendations; and</DELETED>
<DELETED> ``(4) consider other initiatives to further
improve awareness of local planning and zoning entities
regarding issues involved with population encroachment in
proximity to the rights-of-way of any interstate gas pipeline
facility or interstate hazardous liquid pipeline
facility.''.</DELETED>
<DELETED> (b) Conforming Amendment.--The analysis for chapter 601 is
amended by inserting after the item relating to section 60126 the
following:</DELETED>
<DELETED>``60127. Population encroachment.''.
<DELETED>SEC. 18. USER FEES.</DELETED>
<DELETED> Not later than 180 days after the date of the enactment of
this Act, the Secretary of Transportation shall transmit to the
Congress a report analyzing the assessment of pipeline safety user fees
solely on the basis of mileage to determine whether--</DELETED>
<DELETED> (1) that measure of the resources of the
Department of Transportation is the most appropriate measure of
the resources used by the Department of Transportation in the
regulation of pipeline transportation; or</DELETED>
<DELETED> (2) another basis of assessment would be a more
appropriate measure of those resources.</DELETED>
<DELETED>SEC. 19. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.</DELETED>
<DELETED> (a) Amendment.--Chapter 601, as amended by section 17, is
further amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 60128. Dumping within pipeline rights-of-way</DELETED>
<DELETED> ``(a) Prohibition.--No person shall excavate for the
purpose of unauthorized disposal within the right-of-way of an
interstate gas pipeline facility or interstate hazardous liquid
pipeline facility, or any other limited area in the vicinity of any
such interstate pipeline facility established by the Secretary of
Transportation, and dispose solid waste therein.</DELETED>
<DELETED> ``(b) Definition.--For purposes of this section, the term
`solid waste' has the meaning given that term in section 1004(27) of
the Solid Waste Disposal Act (42 U.S.C. 6903(27)).''.</DELETED>
<DELETED> (b) Conforming Amendments.--</DELETED>
<DELETED> (1) Cross-reference.--Sections 60122 and 60123 are
each amended by striking ``or 60118(a)'' and inserting ``,
60118(a), or 60128''.</DELETED>
<DELETED> (2) Chapter analysis.--The analysis for chapter
601 is amended by adding at the end the following new
item:</DELETED>
<DELETED>``60128. Dumping within pipeline rights-of-way.''.
<DELETED>SEC. 20. PREVENTION OF DAMAGE TO PIPELINE
FACILITIES.</DELETED>
<DELETED> Section 60117(a) is amended by inserting after ``and
training activities'' the following: ``and promotional activities
relating to prevention of damage to pipeline facilities''.</DELETED>
<DELETED>SEC. 21. TECHNICAL CORRECTIONS.</DELETED>
<DELETED> (a) Section 60105.--The heading to section 60105 is
amended by inserting ``pipeline safety program'' after
``State''.</DELETED>
<DELETED> (b) Section 60106.--The heading to section 60106 is
amended by inserting ``pipeline safety'' after ``State''.</DELETED>
<DELETED> (c) Section 60107.--The heading to section 60107 is
amended by inserting ``pipeline safety'' after ``State''.</DELETED>
<DELETED> (d) Chapter Analysis.--The analysis for chapter 601 is
amended--</DELETED>
<DELETED> (1) in the item relating to section 60105, by
inserting ``pipeline safety program'' after
``State'';</DELETED>
<DELETED> (2) in the item relating to section 60106, by
inserting ``pipeline safety'' after ``State''; and</DELETED>
<DELETED> (3) in the item relating to section 60107, by
inserting ``pipeline safety'' after ``State''.</DELETED>
<DELETED> SEC. 22. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) Gas and Hazardous Liquid.--Section 60125 is amended--
</DELETED>
<DELETED> (1) by striking subsection (a) and inserting the
following new subsection:</DELETED>
<DELETED> ``(a) Gas and Hazardous Liquid.--To carry out this chapter
(except for sections 60107 and 60114(b)) related to gas and hazardous
liquid, there are authorized to be appropriated to the Department of
Transportation--</DELETED>
<DELETED> ``(1) $9,936,000 for fiscal year 1996;</DELETED>
<DELETED> ``(2) $10,512,000 for fiscal year 1997;</DELETED>
<DELETED> ``(3) $11,088,000 for fiscal year 1998;
and</DELETED>
<DELETED> ``(4) $11,664,000 for fiscal year 1999.'';
and</DELETED>
<DELETED> (2) by striking subsection (b).</DELETED>
<DELETED> (b) State Grants.--Section 60125(c)(1) is amended by
adding at the end the following:</DELETED>
<DELETED> ``(D) $10,764,000 for fiscal year 1996.</DELETED>
<DELETED> ``(E) $11,388,000 for fiscal year 1997.</DELETED>
<DELETED> ``(F) $12,012,000 for fiscal year 1998.</DELETED>
<DELETED> ``(G) $12,636,000 for fiscal year
1999.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountable Pipeline Safety and
Partnership Act of 1996''.
SEC. 2. REFERENCES.
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.
SEC. 3. DEFINITIONS.
(a) In General.--Section 60101(a) is amended--
(1) by striking the periods at the end of paragraphs (1)
through (22) and inserting semicolons;
(2) by striking paragraph (21)(B) and inserting the
following:
``(B) does not include the gathering of gas, other
than gathering through regulated gathering lines, in
those rural locations that are located outside the
limits of any incorporated or unincorporated city,
town, or village, or any other designated residential
or commercial area (including a subdivision, business,
shopping center, or community development) or any
similar populated area that the Secretary of
Transportation determines to be a nonrural area, except
that the term `transporting gas' includes the movement
of gas through regulated gathering lines;''; and
(3) by adding at the end the following:
``(23) `risk management' means the systematic application,
by the owner or operator of a pipeline facility, of management
policies, procedures, finite resources, and practices to the
tasks of identifying, analyzing, assessing, reducing, and
controlling risk in order to protect employees, the general
public, the environment, and pipeline facilities;
``(24) `risk management plan' means a management plan
utilized by a gas or hazardous liquid pipeline facility owner
or operator that encompasses risk management; and
``(25) `Secretary' means the Secretary of
Transportation.''.
(b) Gathering Lines.--Section 60101(b)(2) is amended by inserting
``, if appropriate,'' after ``Secretary'' the first place it appears.
SEC. 4. GENERAL AUTHORITY.
(a) Minimum Safety Standards.--Section 60102(a) is amended--
(1) by striking ``transporters of gas and hazardous liquid
and to'' in paragraph (1)(A);
(2) by striking paragraph (1)(C) and inserting the
following:
``(C) shall include a requirement that all
individuals who operate and maintain pipeline
facilities shall be qualified to operate and maintain
the pipeline facilities.''; and
(3) by striking paragraph (2) and inserting the following:
``(2) The qualifications applicable to an individual who
operates and maintains a pipeline facility shall address the
ability to recognize and react appropriately to abnormal
operating conditions that may indicate a dangerous situation or
a condition exceeding design limits. The operator of a pipeline
facility shall ensure that employees who operate and maintain
the facility are qualified to operate and maintain the pipeline
facilities.''.
(b) Practicability and Safety Needs Standards.--Section 60102(b) is
amended to read as follows:
``(b) Practicability and Safety Needs Standards.--
``(1) In general.--A standard prescribed under subsection
(a) shall be--
``(A) practicable; and
``(B) designed to meet the need for--
``(i) gas pipeline safety, or safely
transporting hazardous liquids, as appropriate;
and
``(ii) protecting the environment.
``(2) Factors for consideration.--When prescribing any
standard under this section or section 60101(b), 60103, 60108,
60109, 60110, or 60113, the Secretary shall consider--
``(A) relevant available--
``(i) gas pipeline safety information;
``(ii) hazardous liquid pipeline safety
information; and
``(iii) environmental information;
``(B) the appropriateness of the standard for the
particular type of pipeline transportation or facility;
``(C) the reasonableness of the standard;
``(D) based on a risk assessment, the reasonably
identifiable or estimated benefits expected to result
from implementation or compliance with the standard;
``(E) based on a risk assessment, the reasonably
identifiable or estimated costs expected to result from
implementation or compliance with the standard;
``(F) comments and information received from the
public; and
``(G) the comments and recommendations of the
Technical Pipeline Safety Standards Committee, the
Technical Hazardous Liquid Pipeline Safety Standards
Committee, or both, as appropriate.
``(3) Risk assessment.--In prescribing a standard referred
to in paragraph (2), the Secretary shall--
``(A) identify the regulatory and nonregulatory
options that the Secretary considered in prescribing a
proposed standard;
``(B) identify the costs and benefits associated
with the proposed standard;
``(C) include--
``(i) an explanation of the reasons for the
selection of the proposed standard in lieu of
the other options identified; and
``(ii) with respect to each of those other
options, a brief explanation of the reasons
that the Secretary did not select the option;
and
``(D) identify technical data or other information
upon which the risk assessment information and proposed
standard is based.
``(4) Review.--
``(A) In general.--The Secretary shall--
``(i) submit risk assessment information
prepared under paragraph (3) of this subsection
to the Technical Pipeline Safety Standards
Committee, the Technical Hazardous Liquid
Pipeline Safety Standards Committee, or both,
as appropriate; and
``(ii) make that risk assessment
information available to the general public.
``(B) Peer review panels.--The committees referred
to in subparagraph (A) shall serve as peer review
panels to review risk assessment information prepared
under this section. Not later than 90 days after
receiving risk assessment information for review
pursuant to subparagraph (A), each committee that
receives that risk assessment information shall prepare
and submit to the Secretary a report that includes--
``(i) an evaluation of the merit of the
data and methods used; and
``(ii) any recommended options relating to
that risk assessment information and the
associated standard that the committee
determines to be appropriate.
``(C) Review by secretary.--Not later than 90 days
after receiving a report submitted by a committee under
subparagraph (B), the Secretary--
``(i) shall review the report;
``(ii) shall provide a written response to
the committee that is the author of the report
concerning all significant peer review comments
and recommended alternatives contained in the
report; and
``(iii) may revise the risk assessment and
the proposed standard before promulgating the
final standard.
``(5) Secretarial decisionmaking.--Except where otherwise
required by statute, the Secretary shall propose or issue a
standard under this Chapter only upon a reasoned determination
that the benefits of the intended standard justify its costs.
``(6) Exceptions from application.--The requirements of
this subsection do not apply when--
``(A) the standard is the product of a negotiated
rulemaking, or other rulemaking including the adoption
of industry standards that receives no significant
adverse comment within 60 days of notice in the Federal
Register;
``(B) based on a recommendation (in which three-
fourths of the members voting concur) by the Technical
Pipeline Safety Standards Committee, the Technical
Hazardous Liquid Pipeline Safety Standards Committee,
or both, as applicable, the Secretary waives the
requirements; or
``(C) the Secretary finds, pursuant to section
553(b)(3)(B) of title 5, United States Code, that
notice and public procedure are not required.
``(7) Report.--Not later than March 31, 2000, the Secretary
shall transmit to the Congress a report that--
``(A) describes the implementation of the risk
assessment requirements of this section, including the
extent to which those requirements have improved
regulatory decision making; and
``(B) includes any recommendations that the
Secretary determines would make the risk assessment
process conducted pursuant to the requirements under
this chapter a more effective means of assessing the
benefits and costs associated with alternative
regulatory and nonregulatory options in prescribing
standards under the Federal pipeline safety regulatory
program under this chapter.''.
(c) Facility Operation Information Standards.--The first sentence
of section 60102(d) is amended--
(1) by inserting ``as required by the standards prescribed
under this chapter'' after ``operating the facility'';
(2) by striking ``to provide the information'' and
inserting ``to make the information available''; and
(3) by inserting ``as determined by the Secretary'' after
``to the Secretary and an appropriate State official''.
(d) Pipe Inventory Standards.--The first sentence of section
60102(e) is amended--
(1) by striking ``and, to the extent the Secretary
considers necessary, an operator of a gathering line that is
not a regulated gather line (as defined under section
60101(b)(2) of this title),''; and
(2) by striking ``transmission'' and inserting
``transportation''.
(e) Smart Pigs.--
(1) Minimum safety standards.--Section 60102(f) is amended
by striking paragraph (1) and inserting the following:
``(1) Minimum safety standards.--The Secretary shall
prescribe minimum safety standards requiring that--
``(A) the design and construction of new natural
gas transmission pipeline or hazardous liquid pipeline
facilities, and
``(B) when the replacement of existing natural gas
transmission pipeline or hazardous liquid pipeline
facilities or equipment is required, the replacement of
such existing facilities be carried out, to the extent
practicable, in a manner so as to accommodate the
passage through such natural gas transmission pipeline
or hazardous liquid pipeline facilities of instrumented
internal inspection devices (commonly referred to as
`smart pigs'). The Secretary may extend such standards
to require existing natural gas transmission pipeline
or hazardous liquid pipeline facilities, whose basic
construction would accommodate an instrumented internal
inspection device to be modified to permit the
inspection of such facilities with instrumented
internal inspection devices.''.
(2) Periodic inspections.--Section 60102(f)(2) is amended--
(A) by striking ``(2) Not later than'' and
inserting the following:
``(2) Periodic inspections.--Not later than''; and
(B) by inserting ``, if necessary, additional''
after ``the Secretary shall prescribe''.
(f) Updating Standards.--Section 60102 is amended by adding at the
end the following:
``(l) Updating Standards.--The Secretary shall, to the extent
appropriate and practicable, update incorporated industry standards
that have been adopted as part of the Federal pipeline safety
regulatory program under this chapter.''.
SEC. 5. RISK MANAGEMENT.
(a) In General.--Chapter 601 is amended by adding at the end the
following:
``Sec. 60126. Risk management
``(a) Risk Management Program Demonstration Projects.--
``(1) In general.--The Secretary shall establish risk
management demonstration projects--
``(A) to demonstrate, through the voluntary
participation by owners and operators of gas pipeline
facilities and hazardous liquid pipeline facilities,
the application of risk management; and
``(B) to evaluate the application of risk
management referred to in subparagraph (A).
``(2) Exemptions.--In carrying out a demonstration project
under this subsection, the Secretary, by order--
``(A) may exempt an owner or operator of the
pipeline facility covered under the project (referred
to in this subsection as a `covered pipeline
facility'), from the applicability of all or a portion
of the requirements under this chapter that would
otherwise apply to the covered pipeline facility; and
``(B) shall exempt, for the period of the project,
an owner or operator of the covered pipeline facility,
from the applicability of any new standard that the
Secretary promulgates under this chapter during the
period of that participation, with respect to the
covered facility.
``(b) Requirements.--In carrying out a demonstration project under
this section, the Secretary shall--
``(1) invite owners and operators of pipeline facilities to
submit risk management plans for timely approval by the
Secretary;
``(2) require, as a condition of approval, that a risk
management plan submitted under this subsection contain
measures that are designed to achieve an equivalent or greater
overall level of safety than would otherwise be achieved
through compliance with the standards contained in this chapter or
promulgated by the Secretary under this chapter;
``(3) provide for--
``(A) collaborative government and industry
training;
``(B) methods to measure the safety performance of
risk management plans;
``(C) the development and application of new
technologies;
``(D) the promotion of community awareness
concerning how the overall level of safety will be
maintained or enhanced by the demonstration project;
``(E) the development of models that categorize the
risks inherent to each covered pipeline facility,
taking into consideration the location, volume,
pressure, and material transported or stored by that
pipeline facility;
``(F) the application of risk assessment and risk
management methodologies that are suitable to the
inherent risks that are determined to exist through the
use of models developed under subparagraph (E);
``(G) the development of project elements that are
necessary to ensure that--
``(i) the owners and operators that
participate in the demonstration project
demonstrate that they are effectively managing
the risks referred to in subparagraph (E); and
``(ii) the risk management plans carried
out under the demonstration project under this
subsection can be audited;
``(H) a process whereby an owner or operator of a
pipeline facility is able to terminate a risk
management plan or, with the approval of the Secretary,
to amend, modify, or otherwise adjust a risk management
plan referred to in paragraph (1) that has been
approved by the Secretary pursuant to that paragraph to
respond to--
``(i) changed circumstances; or
``(ii) a determination by the Secretary
that the owner or operator is not achieving an
overall level of safety that is at least
equivalent to the level that would otherwise be
achieved through compliance with the standards
contained in this chapter or promulgated by the
Secretary under this chapter; and
``(I) such other elements as the Secretary, with
the agreement of the owners and operators that
participate in the demonstration project under this
section, determines to further the purposes of this
section; and
``(4) in selecting participants for the demonstration
project, take into consideration the past safety and regulatory
performance of each applicant who submits a risk management
plan pursuant to paragraph (1).
``(c) Emergencies and Revocations.--Nothing in this section
diminishes or modifies the Secretary's authority under this title to
act in case of an emergency. The Secretary may revoke any exemption
granted under this section for substantial noncompliance with the terms
and conditions of an approved risk management plan.
``(d) Participation by State Authority.--In carrying out this
section, the Secretary may provide for consultation by a State that has
in effect a certification under section 60105. To the extent that a
demonstration project comprises an intrastate natural gas pipeline or
an intrastate hazardous liquid pipeline facility, the Secretary may
make an agreement with the State agency to carry out the duties of the
Secretary for approval and administration of the project.
``(e) Report.--Not later than March 31, 2000, the Secretary shall
transmit to the Congress a report on the results of the demonstration
projects carried out under this section that includes--
``(1) an evaluation of each such demonstration project,
including an evaluation of the performance of each participant
in that project with respect to safety and environmental
protection; and
``(2) recommendations concerning whether the applications
of risk management demonstrated under the demonstration project
should be incorporated into the Federal pipeline safety program
under this chapter on a permanent basis.''.
(f) Conforming Amendment.--The analysis for chapter 601 is amended
by adding at the end the following:
``60126. Risk management.''.
SEC. 6. INSPECTION AND MAINTENANCE.
Section 60108 is amended--
(1) by striking ``transporting gas or hazardous liquid or''
in subsection (a)(1) each place it appears;
(2) by striking the second sentence in subsection (b)(2);
(3) by striking ``Navigable Waters'' in the heading for
subsection (c) and inserting ``Other Waters''; and
(4) by striking clause (ii) of subsection (c)(2)(A) and
inserting the following:
``(ii) any other pipeline facility crossing
under, over, or through waters where a
substantial likelihood of commercial navigation
exists, if the Secretary decides that the
location of the facility in those waters could
pose a hazard to navigation or public
safety.''.
SEC. 7. HIGH-DENSITY POPULATION AREAS AND ENVIRONMENTALLY SENSITIVE
AREAS.
(a) Identification.--Section 60109(a)(1)(B)(i) is amended by
striking ``a navigable waterway (as the Secretary defines by
regulation)'' and inserting ``waters where a substantial likelihood of
commercial navigation exists''.
(b) Unusually Sensitive Areas.--Section 60109(b) is amended to read
as follows:
``(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.''.
SEC. 8. EXCESS FLOW VALVES.
Section 60110 is amended--
(1) by inserting ``, if any,'' in the first sentence of
subsection (b)(1) after ``circumstances'';
(2) by inserting ``, operating, and maintaining'' in
subsection (b)(4) after ``cost of installing'';
(3) by inserting ``, maintenance, and replacement'' in
subsection (c)(1)(C) after ``installation''; and
(4) by inserting after the first sentence in subsection (e)
the following: ``The Secretary may adopt industry accepted
performance standards in order to comply with the requirement
under the preceding sentence.''.
SEC. 9. CUSTOMER-OWNED NATURAL GAS SERVICE LINES.
Section 60113 is amended--
(1) by striking the caption of subsection (a); and
(2) by striking subsection (b).
SEC. 10. TECHNICAL SAFETY STANDARDS COMMITTEES.
(a) Peer Review.--Section 60115(a) is amended by adding at the end
the following: ``The committees referred to in the preceding sentence
shall serve as peer review committees for carrying out this chapter.
Peer reviews conducted by the committees shall be treated for purposes
of all Federal laws relating to risk assessment and peer review
(including laws that take effect after the date of the enactment of the
Accountable Pipeline Safety and Partnership Act of 1996) as meeting any
peer review requirements of such laws.''.
(b) Composition and Appointment.--Section 60115(b) is amended--
(1) by inserting ``or risk management principles'' in
paragraph (1) before the period at the end;
(2) by inserting ``or risk management principles'' in
paragraph (2) before the period at the end;
(3) by striking ``4'' in paragraph (3)(B) and inserting
``5'';
(4) by striking ``6'' in paragraph (3)(C) and inserting
``5'';
(5) by adding at the end of paragraph (4)(B) the following:
``At least 1 of the individuals selected for each committee
under paragraph (3)(B) shall have education, background, or
experience in risk assessment and cost-benefit analysis. The
Secretary shall consult with the national organizations
representing the owners and operators of pipeline facilities
before selecting individuals under paragraph (3)(B).''; and
(6) by inserting after the first sentence of paragraph
(4)(C) the following: ``At least 1 of the individuals selected
for each committee under paragraph (3)(C) shall have education,
background, or experience in risk assessment and cost-benefit
analysis.''.
(c) Committee Reports.--Section 60115(c) is amended--
(1) by inserting ``including the risk assessment
information and other analyses supporting each proposed
standard'' before the semicolon in paragraph (1)(A);
(2) by inserting ``including the risk assessment
information and other analyses supporting each proposed
standard'' before the period in paragraph (1)(B);
(3) by inserting ``and supporting analyses'' before the
first comma in the first sentence of paragraph (2);
(4) by inserting ``and submit to the Secretary'' in the
first sentence of paragraph (2) after ``prepare'';
(5) by inserting ``cost-effectiveness,'' in the first
sentence of paragraph (2) after ``reasonableness,''; and
(6) by inserting ``and include in the report recommended
actions'' before the period at the end of the first sentence of
paragraph (2); and
(7) by inserting ``any recommended actions and'' in the
second sentence of paragraph (2) after ``including''.
(d) Meetings.--Section 60115(e) is amended by striking ``twice''
and inserting ``up to 4 times''.
(e) Expenses.--Section 60115(f) is amended--
(1) by striking ``Pay and'' in the subsection heading;
(2) by striking the first 2 sentences; and
(3) by inserting ``of a committee under this section''
after ``A member''.
SEC. 11. PUBLIC EDUCATION PROGRAMS.
Section 60116 is amended--
(1) by striking ``person transporting gas'' and inserting
``owner or operator of a gas pipeline facility'';
(2) by inserting ``the use of a one-call notification
system prior to excavation,'' after ``educate the public on'';
and
(3) by inserting a comma after ``gas leaks''.
SEC. 12. ADMINISTRATIVE.
Section 60117 is amended--
(1) by adding at the end of subsection (b) the following:
``The Secretary may require owners and operators of gathering
lines to provide the Secretary information pertinent to the
Secretary's ability to make a determination as to whether and
to what extent to regulate gathering lines.'';
(2) by adding at the end thereof the following:
``(k) Authority for Cooperative Agreements.--To carry out this
chapter, the Secretary may enter into grants, cooperative agreements,
and other transactions with any person, agency, or instrumentality of
the United States, any unit of State or local government, any
educational institution, or any other entity to further the objectives
of this chapter. The objectives of this chapter include the
development, improvement, and promotion of one-call damage prevention
programs, research, risk assessment, and mapping.''; and
(3) by striking ``transporting gas or hazardous liquid'' in
subsection (b) and inserting ``owning''.
SEC. 13. COMPLIANCE.
(a) Section 60118 (a) is amended--
(1) by striking ``transporting gas or hazardous liquid or''
in subsection (a); and
(2) by striking paragraph (1) and inserting the following:
``(1) comply with applicable safety standards prescribed
under this chapter, except as provided in this section or in
section 60126;''.
(b) Section 60118 (b) is amended to read as follows:
``(b) Compliance Orders.--The Secretary of Transportation may issue
orders directing compliance with this chapter, an order under section
60126, or a regulation prescribed under this chapter. An order shall
state clearly the action a person must take to comply.''.
(c) Section 60118(c) is amended by striking ``transporting gas or
hazardous liquid'' and inserting ``owning''.
SEC. 14. DAMAGE REPORTING.
Section 60123(d)(2) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) a pipeline facility that does not report the
damage promptly to the operator of the pipeline
facility and to other appropriate authorities; or''.
SEC. 15. BIENNIAL REPORTS.
(a) Biennial Reports.--
(1) Section heading.--The section heading of section 60124
is amended to read as follows:
``Sec. 60124. Biennial reports''.
(2) Reports.--Section 60124(a) is amended by striking the
first sentence and inserting the following: ``Not later than
August 15, 1997, and every 2 years thereafter, the Secretary of
Transportation shall submit to Congress a report on carrying
out this chapter for the 2 immediately preceding calendar years
for gas and a report on carrying out this chapter for such
period for hazardous liquid.''.
(c) Conforming Amendment.--The analysis for chapter 601 is amended
by striking the item relating to section 60124 and inserting the
following:
``60124. Biennial reports.''.
SEC. 16. POPULATION ENCROACHMENT.
(a) In General.--Chapter 601, as amended by section 5, is further
amended by adding at the end the following new section:
``Sec. 60127. Population encroachment
``(a) Land Use Recommendations.--The Secretary of Transportation
shall make available to an appropriate official of each State, as
determined by the Secretary, the land use recommendations of the
special report numbered 219 of the Transportation Research Board,
entitled `Pipelines and Public Safety'.
``(b) Evaluation.--The Secretary shall--
``(1) evaluate the recommendations in the report referred
to in subsection (a);
``(2) determine to what extent the recommendations are
being implemented;
``(3) consider ways to improve the implementation of the
recommendations; and
``(4) consider other initiatives to further improve
awareness of local planning and zoning entities regarding
issues involved with population encroachment in proximity to
the rights-of-way of any interstate gas pipeline facility or
interstate hazardous liquid pipeline facility.''.
(b) Conforming Amendment.--The analysis for chapter 601 is amended
by inserting after the item relating to section 60126 the following:
``60127. Population encroachment.''.
SEC. 17. USER FEES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall transmit
to the Congress a report analyzing the present assessment of pipeline
safety user fees solely on the basis of mileage to determine whether--
(1) that measure of the resources of the Department of
Transportation is the most appropriate measure of the resources
used by the Department of Transportation in the regulation of
pipeline transportation; or
(2) another basis of assessment would be a more appropriate
measure of those resources.
(b) Considerations.--In making the report, the Secretary shall
consider a wide range of assessment factors and suggestions and
comments from the public.
SEC. 18. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.
(a) Amendment.--Chapter 601, as amended by section 16, is further
amended by adding at the end the following new section:
``Sec. 60128. Dumping within pipeline rights-of-way
``(a) Prohibition.--No person shall excavate for the purpose of
unauthorized disposal within the right-of-way of an interstate gas
pipeline facility or interstate hazardous liquid pipeline facility, or
any other limited area in the vicinity of any such interstate pipeline
facility established by the Secretary of Transportation, and dispose
solid waste therein.
``(b) Definition.--For purposes of this section, the term `solid
waste' has the meaning given that term in section 1004(27) of the Solid
Waste Disposal Act (42 U.S.C. 6903(27)).''.
(b) Conforming Amendments.--
(1) Cross-reference.--Section 60123(a) is amended by
striking ``or 60118(a)'' and inserting ``, 60118(a), or
60128''.
(2) Chapter analysis.--The analysis for chapter 601 is
amended by adding at the end the following new item:
``60128. Dumping within pipeline rights-of-way.''.
SEC. 19. PREVENTION OF DAMAGE TO PIPELINE FACILITIES.
Section 60117(a) is amended by inserting after ``and training
activities'' the following: ``and promotional activities relating to
prevention of damage to pipeline facilities''.
SEC. 20. TECHNICAL CORRECTIONS.
(a) Section 60105.--The heading for section 60105 is amended by
inserting ``pipeline safety program'' after ``State''.
(b) Section 60106.--The heading for section 60106 is amended by
inserting ``pipeline safety'' after ``State''.
(c) Section 60107.--The heading for section 60107 is amended by
inserting ``pipeline safety'' after ``State''.
(d) Section 60114.--Section 60114 is amended--
(1) by striking ``60120, 60122, and 60123'' in subsection
(a)(9) and inserting ``60120 and 60122'';
(2) by striking subsections (b) and (d); and
(3) by redesignating subsections (c) and (e) as subsections
(b) and (d), respectively.
(e) Chapter Analysis.--The analysis for chapter 601 is amended--
(1) by inserting ``pipeline safety program'' in the item
relating to section 60105 after ``State'';
(2) by inserting ``pipeline safety'' in the item relating
to section 60106 after ``State''; and
(3) by inserting ``pipeline safety'' in the item relating
to section 60107 after ``State''.
(f) Section 60101.--Section 60101(b) is amended by striking
``define by regulation'' each place it appears and inserting
``prescribe standards defining''.
(g) Section 60102.--Section 60102 is amended by striking
``regulations'' each place it appears in subsections (f)(2), (i), and
(j)(2) and inserting ``standards''.
(h) Section 60108.--Section 60108 is amended--
(1) by striking ``regulations'' in subsections (c)(2)(B),
(c)(4)(B), and (d)(3) and inserting ``standards''; and
(2) by striking ``require by regulation'' in subsection
(c)(4)(A) and inserting ``establish a standard''.
(i) Section 60109.--Section 60109(a) is amended by striking
``regulations'' and inserting ``standards''.
(j) Section 60110.--Section 60110 is amended by striking
``regulations'' in subsections (b), (c)(1), and (c)(2) and inserting
``standards''.
(k) Section 60113.--Section 60113(a) is amended by striking
``regulations'' and inserting ``standards''.
SEC. 21. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125 is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Gas and Hazardous Liquid.--To carry out this chapter (except
for sections 60107 and 60114(b)) related to gas and hazardous liquid,
there are authorized to be appropriated to the Department of
Transportation--
``(1) $19,448,000 for fiscal year 1996;
``(2) $20,028,000 for fiscal year 1997, of which
$14,600,000 is to be derived from user fees for fiscal year
1997 collected under section 60301 of this title;
``(3) $20,729,000 for fiscal year 1998, of which
$15,100,000 is to be derived from user fees for fiscal year
1998 collected under section 60301 of this title;
``(4) $21,442,000 for fiscal year 1999, of which
$15,700,000 is to be derived from user fees for fiscal year
1999 collected under section 60301 of this title''; and
``(5) $22,194,000 for fiscal year 2000, of which
$16,300,000 is to be derived from user fees for fiscal year
2000 collected under section 60301 of this title.''.
(b) State Grants.--Section 60125(c)(1) is amended by adding at the
end the following:
``(D) $12,000,000 for fiscal year 1996.
``(E) $14,000,000 for fiscal year 1997, of which
$12,500,000 is to be derived from user fees for fiscal year
1997 collected under section 60301 of this title.
``(F) $14,490,000 for fiscal year 1998, of which
$12,900,000 is to be derived from user fees for fiscal year
1998 collected under section 60301 of this title.
``(G) $15,000,000 for fiscal year 1999, of which
$13,300,000 is to be derived from user fees for fiscal year
1999 collected under section 60301 of this title.
``(H) $15,524,000 for fiscal year 2000, of which
$13,700,000 is to be derived from user fees for fiscal year
2000 collected under section 60301 of this title.''.