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107th CONGRESS
1st Session
S. 141
To provide for enhanced safety, public awareness, and environmental
protection in pipeline transportation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2001
Mr. McCain (for himself, Mrs. Murray, Mr. Hollings, Mrs. Hutchison, Mr.
Bingaman, Mr. Domenici, and Mr. Breaux) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To provide for enhanced safety, public awareness, and environmental
protection in pipeline transportation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Pipeline Safety
Improvement Act of 2001''.
(b) Amendment of Title 49, United States Code.--Except as otherwise
expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or a 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. 2. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDATIONS.
(a) In General.--Except as otherwise required by this Act, the
Secretary shall implement the safety improvement recommendations
provided for in the Department of Transportation Inspector General's
Report (RT-2000-069).
(b) Reports by the Secretary.--Not later than 90 days after the
date of enactment of this Act, and every 90 days thereafter until each
of the recommendations referred to in subsection (a) has been
implemented, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the specific actions taken to implement such recommendations.
(c) Reports by the Inspector General.--The Inspector General shall
periodically transmit to the Committees referred to in subsection (b) a
report assessing the Secretary's progress in implementing the
recommendations referred to in subsection (a) and identifying options
for the Secretary to consider in accelerating recommendation
implementation.
SEC. 3. NTSB SAFETY RECOMMENDATIONS.
(a) In General.--The Secretary of Transportation, the Administrator
of Research and Special Program Administration, and the Director of the
Office of Pipeline Safety shall fully comply with section 1135 of title
49, United States Code, to ensure timely responsiveness to National
Transportation Safety Board recommendations about pipeline safety.
(b) Public Availability.--The Secretary, Administrator, or
Director, respectively, shall make a copy of each recommendation on
pipeline safety and response, as described in sections 1135 (a) and (b)
of title 49, United States Code, available to the public at reasonable
cost.
(c) Reports to Congress.--The Secretary, Administrator, or
Director, respectively, shall submit to the Congress by January 1 of
each year a report containing each recommendation on pipeline safety
made by the Board during the prior year and a copy of the response to
each such recommendation.
SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.
(a) Qualification Plan.--Each pipeline operator shall make
available to the Secretary of Transportation, or, in the case of an
intrastate pipeline facility operator, the appropriate State regulatory
agency, a plan that is designed to enhance the qualifications of
pipeline personnel and to reduce the likelihood of accidents and
injuries. The plan shall be made available not more than 6 months after
the date of enactment of this Act, and the operator shall revise or
update the plan as appropriate.
(b) Requirements.--The enhanced qualification plan shall include,
at a minimum, criteria to demonstrate the ability of an individual to
safely and properly perform tasks identified under section 60102 of
title 49, United States Code. The plan shall also provide for training
and periodic reexamination of pipeline personnel qualifications and
provide for requalification as appropriate. The Secretary, or, in the
case of an intrastate pipeline facility operator, the appropriate State
regulatory agency, may review and certify the plans to determine if
they are sufficient to provide a safe operating environment and shall
periodically review the plans to ensure the continuation of a safe
operation. The Secretary may establish minimum standards for pipeline
personnel training and evaluation, which may include written
examination, oral examination, work performance history review,
observation during performance on the job, on the job training,
simulations, or other forms of assessment.
(c) Report to Congress.--
(1) In general.--The Secretary shall submit a report to the
Congress evaluating the effectiveness of operator qualification
and training efforts, including--
(A) actions taken by inspectors;
(B) recommendations made by inspectors for changes
to operator qualification and training programs; and
(C) industry responses to those actions and
recommendations.
(2) Criteria.--The Secretary may establish criteria for use
in evaluating and reporting on operator qualification and
training for purposes of this subsection.
(3) Due date.--The Secretary shall submit the report
required by paragraph (1) to the Congress 3 years after the
date of enactment of this Act.
SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.
Section 60109 is amended by adding at the end the following:
``(c) Integrity Management.--
``(1) General requirement.--The Secretary shall promulgate
regulations requiring operators of hazardous liquid pipelines
and natural gas transmission pipelines to evaluate the risks to
the operator's pipeline facilities in areas identified pursuant
to subsection (a)(1), and to adopt and implement a program for
integrity management that reduces the risk of an incident in
those areas. The regulations shall be issued no later than one
year after the Secretary has issued standards pursuant to
subsections (a) and (b) of this section or by December 31,
2002, whichever is sooner.
``(2) Standards for program.--In promulgating regulations
under this section, the Secretary shall require an operator's
integrity management plan to be based on risk analysis and each
plan shall include, at a minimum--
``(A) periodic assessment of the integrity of the
pipeline through methods including internal inspection,
pressure testing, direct assessment, or other effective
methods;
``(B) clearly defined criteria for evaluating the
results of the periodic assessment methods carried out
under subparagraph (A) and procedures to ensure
identified problems are corrected in a timely manner;
and
``(C) measures, as appropriate, that prevent and
mitigate unintended releases, such as leak detection,
integrity evaluation, restrictive flow devices, or
other measures.
``(3) Criteria for program standards.--In deciding how
frequently the integrity assessment methods carried out under
paragraph (2)(A) must be conducted, an operator shall take into
account the potential for new defects developing or previously
identified structural defects caused by construction or
installation, the operational characteristics of the pipeline,
and leak history. In addition, the Secretary may establish a
minimum testing requirement for operators of pipelines to
conduct internal inspections.
``(4) State role.--A State authority that has an agreement
in effect with the Secretary under section 60106 is authorized
to review and assess an operator's risk analyses and integrity
management plans required under this section for interstate
pipelines located in that State. The reviewing State authority
shall provide the Secretary with a written assessment of the
plans, make recommendations, as appropriate, to address safety
concerns not adequately addressed in the operator's plans, and
submit documentation explaining the State-proposed plan
revisions. The Secretary shall carefully consider the State's
proposals and work in consultation with the States and
operators to address safety concerns.
``(5) Monitoring implementation.--The Secretary of
Transportation shall review the risk analysis and program for
integrity management required under this section and provide
for continued monitoring of such plans. Not later than 2 years
after the implementation of integrity management plans under
this section, the Secretary shall complete an assessment and
evaluation of the effects on safety and the environment by
extending all of the requirements mandated by the regulations
described in paragraph (1) to additional areas. The Secretary
shall submit the assessment and evaluation to Congress along
with any recommendations to improve and expand the utilization
of integrity management plans.
``(6) Opportunity for local input on integrity
management.--Within 18 months after the date of enactment of
the Pipeline Safety Improvement Act of 2001, the Secretary
shall, by regulation, establish a process for raising and
addressing local safety concerns about pipeline integrity and
the operator's pipeline integrity plan. The process shall
include--
``(A) a requirement that an operator of a hazardous
liquid or natural gas transmission pipeline facility
provide information about the risk analysis and
integrity management plan required under this section
to local officials in a State in which the facility is
located;
``(B) a description of the local officials required
to be informed, the information that is to be provided
to them and the manner, which may include traditional
or electronic means, in which it is provided;
``(C) the means for receiving input from the local
officials that may include a public forum sponsored by
the Secretary or by the State, or the submission of
written comments through traditional or electronic
means;
``(D) the extent to which an operator of a pipeline
facility must participate in a public forum sponsored
by the Secretary or in another means for receiving
input from the local officials or in the evaluation of
that input; and
``(E) the manner in which the Secretary will notify
the local officials about how their concerns are being
addressed.''.
SEC. 6. ENFORCEMENT.
(a) In General.--Section 60112 is amended--
(1) by striking subsection (a) and inserting the following:
``(a) General Authority.--After notice and an opportunity for a
hearing, the Secretary of Transportation may decide a pipeline facility
is hazardous if the Secretary decides that--
``(1) operation of the facility is or would be hazardous to
life, property, or the environment; or
``(2) the facility is, or would be, constructed or
operated, or a component of the facility is, or would be,
constructed or operated with equipment, material, or a
technique that the Secretary decides is hazardous to life,
property, or the environment.''; and
(2) by striking ``is hazardous,'' in subsection (d) and
inserting ``is, or would be, hazardous,''.
SEC. 7. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS, AND COMMUNITY RIGHT
TO KNOW.
(a) Section 60116 is amended to read as follows:
``Sec. 60116. Public education, emergency preparedness, and community
right to know
``(a) Public Education Programs.--
``(1) Each owner or operator of a gas or hazardous liquid
pipeline facility shall carry out a continuing program to
educate the public on the use of a one-call notification system
prior to excavation and other damage prevention activities, the
possible hazards associated with unintended releases from the
pipeline facility, the physical indications that such a release
may have occurred, what steps should be taken for public safety
in the event of a pipeline release, and how to report such an
event.
``(2) Within 12 months after the date of enactment of the
Pipeline Safety Improvement Act of 2001, each owner or operator
of a gas or hazardous liquid pipeline facility shall review its
existing public education program for effectiveness and modify
the program as necessary. The completed program shall include
activities to advise affected municipalities, school districts,
businesses, and residents of pipeline facility locations. The
completed program shall be submitted to the Secretary or, in
the case of an intrastate pipeline facility operator, the
appropriate State agency and shall be periodically reviewed by
the Secretary or, in the case of an intrastate pipeline
facility operator, the appropriate State agency.
``(3) The Secretary may issue standards prescribing the
elements of an effective public education program. The
Secretary may also develop material for use in the program.
``(b) Emergency Preparedness.--
``(1) Operator liaison.--Within 12 months after the date of
enactment of the Pipeline Safety Improvement Act of 2001, an
operator of a gas transmission or hazardous liquid pipeline
facility shall initiate and maintain liaison with the State
emergency response commissions, and local emergency planning
committees in the areas of pipeline right-of-way, established
under section 301 of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001) in each State in
which it operates.
``(2) Information.--An operator shall, upon request, make
available to the State emergency response commissions and local
emergency planning committees, and shall make available to the
Office of Pipeline Safety in a standardized form for the
purpose of providing the information to the public, the
information described in section 60102(d), the operator's
program for integrity management, and information about
implementation of that program. The information about the
facility shall also include, at a minimum--
``(A) the business name, address, telephone number
of the operator, including a 24-hour emergency contact
number;
``(B) a description of the facility, including pipe
diameter, the product or products carried, and the
operating pressure;
``(C) with respect to transmission pipeline
facilities, maps showing the location of the facility
and, when available, any high consequence areas which
the pipeline facility traverses or adjoins and abuts;
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