[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3558 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3558

   To amend title 49, United States Code, to improve pipeline safety.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2000

   Mr. Metcalf (for himself, Mr. Inslee, Ms. Dunn, and Mr. Smith of 
 Washington) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committee on Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend title 49, United States Code, to improve pipeline safety.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Pipelines Act of 2000''.

SEC. 2. FEDERAL SAFETY CERTIFICATION OF PIPELINE EMPLOYEES.

    Section 60102(a)(1)(C) of title 49, United States Code, is amended 
to read as follows:
                    ``(C) shall include a requirement that all 
                individuals responsible for the operation and 
                maintenance of pipeline facilities shall be tested for 
                qualification to perform such functions and certified 
                by the Secretary to perform such functions.''.

SEC. 3. CORROSION TESTING.

    Section 60102(f) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(3) Corrosion testing.--Not later than 180 days after the 
        date of enactment of this paragraph, the Secretary shall 
        require that the operator of a pipeline facility with an 
        instrumented internal inspection device periodically test the 
        facility for corrosion and anomalies and make the results of 
        the test available to the public. The period between each test 
        shall be no longer than 5 years.''.

SEC. 4. NOTIFICATION OF SPILLS.

    Section 60102(h)(1) of title 49, United States Code, is amended--
            (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting before subparagraph (C) (as so 
        redesignated) the following:
            ``(A) spill of more than 40 gallons;
            ``(B) rupture of a pipeline;''.

SEC. 5. HYDROSTATIC TESTING.

    Section 60108 of title 49, United States Code, is amended--
            (1) by adding at the end of subsection (b) the following:
            ``(4) Hydrostatic testing.--See subsection (d).''; and
            (2) by adding at the end the following:
    ``(d) Hydrostatic Testing.--
            ``(1) In general.--Subject to this subsection, the 
        Secretary shall require that the operator of a covered pipeline 
        facility hydrostatically test the facility and make the results 
        of the test available to the public.
            ``(2) Initial testing.--A pipeline facility shall be 
        hydrostatically tested not later than 30 days after the date on 
        which the facility becomes a covered pipeline facility under 
        this subsection.
            ``(3) Intervals of testing.--Hydrostatic testing required 
        pursuant to this subsection shall be conducted not less than 
        once every 5 years
            ``(4) Alternative methods.--Upon request of the operator of 
        a covered pipeline facility (other than a facility that is on 
        the Secretary's list of high-risk pipelines), the Secretary may 
        approve an alternative method of testing the facility 
        (including inspection by an instrumented internal inspection 
        device) for structural weaknesses instead of hydrostatic 
        testing of the facility if the Secretary first provides written 
        notification in the Federal Register and to interested State 
        and local governments and other persons of the proposed 
        approval and provides a period of 90 days for public comment on 
        the proposed approval.
            ``(5) List of high-risk pipelines.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this subsection, the Secretary 
                shall establish a list of high-risk pipelines. A 
                pipeline facility shall be placed on the list if the 
                facility--
                            ``(i) has experienced 2 or more reportable 
                        leaks (not including leaks that occurred during 
                        a hydrostatic test of the pipeline facility) 
                        due to corrosion or defect in the preceding 3-
                        year period;
                            ``(ii) has experienced 3 or more reportable 
                        leaks (not including leaks that occurred during 
                        a hydrostatic test of the pipeline facility) 
                        due to corrosion, defect, or in whole or in 
                        part by external forces in the preceding 3-year 
                        period;
                            ``(iii) is less than 50 miles long and has 
                        experienced a reportable leak (not including a 
                        leak that occurred during a hydrostatic test of 
                        the pipeline facility) due to corrosion or 
                        defect in the preceding 3-year period; and
                            ``(iv) has experienced a reportable leak in 
                        the preceding 5-year period due to corrosion or 
                        defect (except during a hydrostatic test of the 
                        pipeline facility) on a section of pipeline 
                        that has been in operation for more than 30 
                        years.
                    ``(B) Maintenance.--The Secretary shall maintain 
                and periodically update the list under this paragraph. 
                A pipeline facility placed on the list shall remain on 
                the list until the last day of the 5-year period 
                beginning on the date of the last reportable leak of 
                the pipeline facility due to corrosion or defect.
                    ``(C) Special rule for determination of pipeline 
                length.--For purposes of this paragraph, the length of 
                a pipeline with more than 2 termini shall be the 
                longest distance between any 2 termini on the pipeline.
            ``(6) Covered pipeline facility defined.--In this 
        subsection, the term `covered pipeline facility' means a 
        pipeline facility subject to this chapter--
                    ``(A) that is not covered by a certification under 
                section 60105 or an agreement under section 60106; and
                    ``(B)(i) that has been in operation (before, on, or 
                after the date of enactment of this subsection) for a 
                period of 10 years or more; or
                    ``(ii) that is on the Secretary's list of high-risk 
                pipelines under paragraph (5).''.

SEC. 6. AVAILABILITY OF PIPELINE MAPS ON INTERNET.

    Section 60108 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(e) Availability of Pipeline Maps on Internet.--Not later than 
October 1, 2000, the Secretary shall make available on the Internet 
nationwide maps of the location of all pipeline facilities subject to 
this chapter.''.

SEC. 7. DELEGATION OF AUTHORITY TO STATES.

    (a) In General.--Chapter 601 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 60129. Delegation of authority to States
    ``(a) Submission of State Program.--The Governor of each State 
desiring to administer its own pipeline safety standards for interstate 
pipelines within its jurisdiction may submit to the Secretary of 
Transportation a full and complete description of the program the State 
proposes to establish and administer under State law or under an 
interstate compact. In addition, the State shall submit a statement 
from the attorney general (or the attorney for those State pipeline 
regulatory agencies which have independent legal counsel), or from the 
chief legal officer in the case of an interstate agency, that the laws 
of the State or the interstate compact, as the case may be, provide 
adequate authority to carry out the proposed program.
    ``(b) Approval.--No State program may contain any standard that is 
less stringent a standard than established by Federal regulation. The 
Secretary shall approve each program no later than 90 days after the 
date on which the program is submitted by the State, unless the 
Secretary determines that the submitting State does not have the 
resources or expertise necessary to carry out the program or that the 
program would overburden the interstate nature of the pipeline in such 
a way as to compromise safety or that the program includes a standard 
that is less stringent than a standard established by Federal 
regulation.
    ``(c) Withdrawal of Approval.--Whenever the Secretary determines 
after a public hearing that a State is not administering a program 
approved under this section in accordance with requirements of this 
section, the Secretary shall so notify the State and, if appropriate 
corrective action is not taken within a reasonable time (not to exceed 
90 days), the Secretary shall withdraw approval of the program. The 
Secretary shall not withdraw approval of any program under this 
subsection unless the Secretary first has notified the State, and made 
public, in writing the reasons for such withdrawal.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``Sec. 60129. Delegation of authority to States.''.

SEC. 8. EFFECTIVENESS OF EXTERNAL LEAK DETECTION SYSTEMS.

    (a) Study.--The Secretary of Transportation shall conduct a study 
to determine the effectiveness external leak detection systems, 
including hydrocarbon sensor cables, for the purpose of improving 
pipeline leak detection.
    (b) Report.--Not later than October 1, 2000, the Secretary shall 
transmit to Congress a report on the results of the study.

SEC. 9. COST-BENEFIT ANALYSES OF NATIONAL TRANSPORTATION SAFETY BOARD 
              RECOMMENDATIONS.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary of Transportation shall complete cost-benefit analyses of all 
recommendations made by the National Transportation Safety Board to the 
Secretary that the Board classifies as being ``open''.

SEC. 10. EFFECTIVENESS OF DOUBLE-WALLED PIPELINES.

    (a) Study.--The Secretary of Transportation shall conduct a study 
to determine the effectiveness of double-walled pipelines for the 
purpose of preventing ruptures and leaks.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall transmit to Congress a report on the 
results of the study.

SEC. 11. OPTIMAL MINIMUM BURIAL DEPTH.

    (a) Study.--The Secretary of Transportation shall conduct a study 
to determine the optimal minimum burial depth of underground pipelines 
for the purpose of preventing release of hazardous materials into the 
air.
    (b) Report and Rulemaking.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall transmit to Congress a 
report on the results of the study and shall issue a notice of proposed 
rulemaking to modify regulations of the Department of Transportation 
relating to pipeline burial depth to take into account the results of 
the study.
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