§ 60109. — Highdensity population areas and environmentally sensitive areas.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60109]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 60109. High-density population areas and environmentally
sensitive areas
(a) Identification Requirements.--Not later than October 24, 1994,
the Secretary of Transportation shall prescribe standards that--
(1) establish criteria for identifying--
(A) by operators of gas pipeline facilities, each gas
pipeline facility (except a natural gas distribution line)
located in a high-density population area; and
(B) by operators of hazardous liquid pipeline facilities and
gathering lines--
(i) each hazardous liquid pipeline facility, whether
otherwise subject to this chapter, that crosses waters where
a substantial likelihood of commercial navigation exists or
that is located in an area described in the criteria as a
high-density population area; and
(ii) each hazardous liquid pipeline facility and
gathering line, whether otherwise subject to this chapter,
located in an area that the Secretary, in consultation with
the Administrator of the Environmental Protection Agency,
describes as unusually sensitive to environmental damage if
there is a hazardous liquid pipeline accident; and
(2) provide that the identification be carried out through the
inventory required under section 60102(e) of this title.
(b) Areas To Be Included as Unusually Sensitive.--When describing
areas that are unusually sensitive to environmental damage if there is a
hazardous liquid pipeline accident, the Secretary shall consider areas
where a pipeline rupture would likely cause permanent or long-term
environmental damage, including--
(1) locations near pipeline rights-of-way that are critical to
drinking water, including intake locations for community water
systems and critical sole source aquifer protection areas; and
(2) locations near pipeline rights-of-way that have been
identified as critical wetlands, riverine or estuarine systems,
national parks, wilderness areas, wildlife preservation areas or
refuges, wild and scenic rivers, or critical habitat areas for
threatened and endangered species.
(c) Risk Analysis and Integrity Management Programs.--
(1) Requirement.--Each operator of a gas pipeline facility shall
conduct an analysis of the risks to each facility of the operator
located in an area identified pursuant to subsection (a)(1) and
defined in chapter 192 of title 49, Code of Federal Regulations,
including any subsequent modifications, and shall adopt and
implement a written integrity management program for such facility
to reduce the risks.
(2) Regulations.--
(A) In general.--Not later than 12 months after the date of
enactment of this subsection, the Secretary shall issue
regulations prescribing standards to direct an operator's
conduct of a risk analysis and adoption and implementation of an
integrity management program under this subsection. The
regulations shall require an operator to conduct a risk analysis
and adopt an integrity management program within a time period
prescribed by the Secretary, ending not later than 24 months
after such date of enactment. Not later than 18 months after
such date of enactment, each operator of a gas pipeline facility
shall begin a baseline integrity assessment described in
paragraph (3).
(B) Authority to issue regulations.--The Secretary may
satisfy the requirements of this paragraph through the issuance
of regulations under this paragraph or under other authority of
law.
(3) Minimum requirements of integrity management programs.--An
integrity management program required under paragraph (1) shall
include, at a minimum, the following requirements:
(A) A baseline integrity assessment of each of the
operator's facilities in areas identified pursuant to subsection
(a)(1) and defined in chapter 192 of title 49, Code of Federal
Regulations, including any subsequent modifications, by internal
inspection device, pressure testing, direct assessment, or an
alternative method that the Secretary determines would provide
an equal or greater level of safety. The operator shall complete
such assessment not later than 10 years after the date of
enactment of this subsection. At least 50 percent of such
facilities shall be assessed not later than 5 years after such
date of enactment. The operator shall prioritize such facilities
for assessment based on all risk factors, including any
previously discovered defects or anomalies and any history of
leaks, repairs, or failures. The operator shall ensure that
assessments of facilities with the highest risks are given
priority for completion and that such assessments will be
completed not later than 5 years after such date of enactment.
(B) Subject to paragraph (5), periodic reassessment of the
facility, at a minimum of once every 7 years, using methods
described in subparagraph (A).
(C) Clearly defined criteria for evaluating the results of
assessments conducted under subparagraphs (A) and (B) and for
taking actions based on such results.
(D) A method for conducting an analysis on a continuing
basis that integrates all available information about the
integrity of the facility and the consequences of releases from
the facility.
(E) A description of actions to be taken by the operator to
promptly address any integrity issue raised by an evaluation
conducted under subparagraph (C) or the analysis conducted under
subparagraph (D).
(F) A description of measures to prevent and mitigate the
consequences of releases from the facility.
(G) A method for monitoring cathodic protection systems
throughout the pipeline system of the operator to the extent not
addressed by other regulations.
(H) If the Secretary raises a safety concern relating to the
facility, a description of the actions to be taken by the
operator to address the safety concern, including issues raised
with the Secretary by States and local authorities under an
agreement entered into under section 60106.
(4) Treatment of baseline integrity assessments.--In the case of
a baseline integrity assessment conducted by an operator in the
period beginning on the date of enactment of this subsection and
ending on the date of issuance of regulations under this subsection,
the Secretary shall accept the assessment as complete, and shall not
require the operator to repeat any portion of the assessment, if the
Secretary determines that the assessment was conducted in accordance
with the requirements of this subsection.
(5) Waivers and modifications.--In accordance with section
60118(c), the Secretary may waive or modify any requirement for
reassessment of a facility under paragraph (3)(B) for reasons that
may include the need to maintain local product supply or the lack of
internal inspection devices if the Secretary determines that such
waiver is not inconsistent with pipeline safety.
(6) Standards.--The standards prescribed by the Secretary under
paragraph (2) shall address each of the following factors:
(A) The minimum requirements described in paragraph (3).
(B) The type or frequency of inspections or testing of
pipeline facilities, in addition to the minimum requirements of
paragraph (3)(B).
(C) The manner in which the inspections or testing are
conducted.
(D) The criteria used in analyzing results of the
inspections or testing.
(E) The types of information sources that must be integrated
in assessing the integrity of a pipeline facility as well as the
manner of integration.
(F) The nature and timing of actions selected to address the
integrity of a pipeline facility.
(G) Such other factors as the Secretary determines
appropriate to ensure that the integrity of a pipeline facility
is addressed and that appropriate mitigative measures are
adopted to protect areas identified under subsection (a)(1).
In prescribing those standards, the Secretary shall ensure that all
inspections required are conducted in a manner that minimizes
environmental and safety risks, and shall take into account the
applicable level of protection established by national consensus
standards organizations.
(7) Additional optional standards.--The Secretary may also
prescribe standards requiring an operator of a pipeline facility to
include in an integrity management program under this subsection--
(A) changes to valves or the establishment or modification
of systems that monitor pressure and detect leaks based on the
operator's risk analysis; and
(B) the use of emergency flow restricting devices.
(8) Lack of regulations.--In the absence of regulations
addressing the elements of an integrity management program described
in this subsection, the operator of a pipeline facility shall
conduct a risk analysis and adopt and implement an integrity
management program described in this subsection not later than 24
months after the date of enactment of this subsection and shall
complete the baseline integrity assessment described in this
subsection not later than 10 years after such date of enactment. At
least 50 percent of such facilities shall be assessed not later than
5 years after such date of enactment. The operator shall prioritize
such facilities for assessment based on all risk factors, including
any previously discovered defects or anomalies and any history of
leaks, repairs, or failures. The operator shall ensure that
assessments of facilities with the highest risks are given priority
for completion and that such assessments will be completed not later
than 5 years after such date of enactment.
(9) Review of integrity management programs.--
(A) Review of programs.--
(i) In general.--The Secretary shall review a risk
analysis and integrity management program under paragraph
(1) and record the results of that review for use in the
next review of an operator's program.
(ii) Context of review.--The Secretary may conduct a
review under clause (i) as an element of the Secretary's
inspection of an operator.
(iii) Inadequate programs.--If the Secretary determines
that a risk analysis or integrity management program does
not comply with the requirements of this subsection or
regulations issued as described in paragraph (2), or is
inadequate for the safe operation of a pipeline facility,
the Secretary shall act under section 60108(a)(2) to require
the operator to revise the risk analysis or integrity
management program.
(B) Amendments to programs.--In order to facilitate reviews
under this paragraph, an operator of a pipeline facility shall
notify the Secretary of any amendment made to the operator's
integrity management program not later than 30 days after the
date of adoption of the amendment. The Secretary shall review
any such amendment in accordance with this paragraph.
(C) Transmittal of programs to state authorities.--The
Secretary shall provide a copy of each risk analysis and
integrity management program reviewed by the Secretary under
this paragraph to any appropriate State authority with which the
Secretary has entered into an agreement under section 60106.
(10) State review of integrity management plans.--A State
authority that enters into an agreement pursuant to section 60106,
permitting the State authority to review the risk analysis and
integrity management program pursuant to paragraph (9), may provide
the Secretary with a written assessment of the risk analysis and
integrity management program, make recommendations, as appropriate,
to address safety concerns not adequately addressed by the
operator's risk analysis or integrity management program, and submit
documentation explaining the State-proposed revisions. The Secretary
shall consider carefully the State's proposals and work in
consultation with the States and operators to address safety
concerns.
(11) Application of standards.--Section 60104(b) shall not apply
to this section.
(d) Evaluation of Integrity Management Regulations.--Not later than
4 years after the date of enactment of this subsection, the Comptroller
General shall complete an assessment and evaluation of the effects on
public safety and the environment of the requirements for the
implementation of integrity management programs contained in the
standards prescribed as described in subsection (c)(2).
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1315; Pub. L. 103-
429, Sec. 6(75), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 104-304,
Secs. 7, 20(i), Oct. 12, 1996, 110 Stat. 3800, 3805; Pub. L. 107-355,
Sec. 14(a), (b), Dec. 17, 2002, 116 Stat. 3002, 3005.)
Historical and Revision Notes
Pub. L. 103-272
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60109(a) (1)(A)....................... 49 App.:1672(i)(1) (1st Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
sentence), (2). 720, Sec. 3(i); added Oct. 24, 1992,
Pub. L. 102-508, Sec. 102(a)(2), 106
Stat. 3291.
60109(a) (1)(B)....................... 49 App.:2002(m)(1) (1st Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
sentence). 989, Sec. 203(m); added Oct. 24,
1992, Pub. L. 102-508, Sec.
202(a)(2), 106 Stat. 3300.
60109(a)(2)........................... 49 App.:1672(i)(1) (last
sentence).
49 App.:2002(m)(1) (2d
sentence).
60109(b).............................. 49 App.:2002(m)(1) (last
sentence).
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In subsection (a)(1)(B)(i) and (ii), the words ``regulation under''
and ``or not'' are omitted as surplus.
Pub. L. 103-429
This amends 49:60109(a)(2) to correct an error in the codification
enacted by section 1 of the Act of July 5, 1994 (Public Law 103-272, 108
Stat. 1315).
References in Text
The date of enactment of this subsection, referred to in subsecs.
(c) and (d), is the date of enactment of Pub. L. 107-355, which was
approved Dec. 17, 2002.
Amendments
2002--Subsec. (c). Pub. L. 107-355, Sec. 14(a), added subsec. (c).
Subsec. (d). Pub. L. 107-355, Sec. 14(b), added subsec. (d).
1996--Subsec. (a). Pub. L. 104-304, Sec. 20(i), substituted
``standards'' for ``regulations'' in introductory provisions.
Subsec. (a)(1)(B)(i). Pub. L. 104-304, Sec. 7(a), substituted
``waters where a substantial likelihood of commercial navigation
exists'' for ``a navigable waterway (as the Secretary defines by
regulation)''.
Subsec. (b). Pub. L. 104-304, Sec. 7(b), reenacted heading without
change and amended text generally. Prior to amendment, text read as
follows: ``When describing an area that is unusually sensitive to
environmental damage if there is a hazardous liquid pipeline accident,
the Secretary shall consider including--
``(1) earthquake zones and areas subject to landslides and other
substantial ground movements;
``(2) areas of likely ground water contamination if a hazardous
liquid pipeline facility ruptures;
``(3) freshwater lakes, rivers, and waterways; and
``(4) river deltas and other areas subject to soil erosion or
subsidence from flooding or other water action where a hazardous
liquid pipeline facility is likely to become exposed or
undermined.''
1994--Subsec. (a)(2). Pub. L. 103-429 substituted ``section
60102(e)'' for ``section 60102(c)''.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9
of Pub. L. 103-429, set out as a note under section 321 of this title.
Study of Reassessment Intervals
Pub. L. 107-355, Sec. 14(d), Dec. 17, 2002, 116 Stat. 3005, provided
that:
``(1) Study.--The Comptroller General shall conduct a study to
evaluate the 7-year reassessment interval required by section
60109(c)(3)(B) of title 49, United States Code, as added by subsection
(a) of this section.
``(2) Report.--Not later than 4 years after the date of the
enactment of this Act [Dec. 17, 2002], the Comptroller General shall
transmit to Congress a report on the results of the study conducted
under paragraph (1).''
Section Referred to in Other Sections
This section is referred to in sections 60102, 60118 of this title.
