49 U.S.C. § 60103: Standards for liquefied natural gas pipeline facilities

kind and use of the facility; existing and projected population and demographic characteristics of the location; existing and proposed land use near the location; natural physical aspects of the location; medical, law enforcement, and fire prevention capabilities near the location that can cope with a risk caused by the facility; need to encourage remote siting; and national security. the characteristics of material to be used in constructing the facility and of alternative material; design factors; the characteristics of the liquefied natural gas to be stored or converted at, or transported by, the facility; and the public safety factors of the design and of alternative designs, particularly the ability to prevent and contain a liquefied natural gas spill. under this chapter; or under another law, and the standard is not prescribed at the time the authority is applied. does not make the component or part incompatible with other components or parts; or is not impracticable otherwise. Any location standard prescribed under this chapter after March 1, 1978 , does not apply to any part of a replacement component of an existing liquefied natural gas pipeline facility. A design, installation, construction, initial inspection, or initial testing standard does not apply to a liquefied natural gas pipeline facility existing when the standard is adopted. the conditions, features, and type of equipment and structures that make up or are used in connection with the facility; the fire prevention and containment equipment at the facility; security measures to prevent an intentional act that could cause a liquefied natural gas accident; maintenance procedures and equipment; the training of personnel in matters specified by this subsection; and other factors and conditions related to the safe handling of liquefied natural gas. A standard prescribed under this section is effective on the 30th day after the Secretary of Transportation prescribes the standard. However, the Secretary for good cause may prescribe a different effective date when required because of the time reasonably necessary to comply with the standard. The different date must be specified in the regulation prescribing the standard. A new liquefied natural gas pipeline facility may be operated only after the operator submits an adequate contingency plan that states the action to be taken if a liquefied natural gas accident occurs. The Secretary of Energy or appropriate State or local authority shall decide if the plan is adequate. This section does not preclude applying a standard prescribed under section 60102 of this title to a gas pipeline facility (except a liquefied natural gas pipeline facility) associated with a liquefied natural gas pipeline facility. review the minimum operating and maintenance standards prescribed under section 60103(d) of title 49 , United States Code; and based on the review under paragraph (1), update the standards described in that paragraph applicable to large-scale liquefied natural gas facilities (other than peak shaving facilities) to provide for a risk-based regulatory approach for such facilities, consistent with this section. are developed and applied in a manner consistent with this section; and section 60103(d) of title 49 , United States Code; and part 193 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). the processes of liquefied natural gas conversion, storage, and transport; equipment used in the processes; and technology used in the processes; to conduct a hazard assessment, including the identification of potential sources of accidental releases; to consult with employees and representatives of employees on the development and execution of hazard assessments under paragraph (2); and to provide employees access to the records of the hazard assessments and any other records required under the updated standards; to establish a system to respond to the findings of a hazard assessment conducted under paragraph (2) that addresses prevention, mitigation, and emergency responses; to review, when a design change occurs, the most recent hazard assessment conducted under paragraph (2) and the response system established under paragraph (4); to develop and implement written operating procedures for the processes of liquefied natural gas conversion, storage, and transport; to provide written safety and operating information to employees; and to train employees in operating procedures with an emphasis on addressing hazards and using safe practices; to ensure contractors and contract employees are provided appropriate information and training; to train and educate employees and contractors in emergency response; to establish a quality assurance program to ensure that equipment, maintenance materials, and spare parts relating to the operations and maintenance of liquefied natural gas facilities are fabricated and installed consistent with design specifications; to establish maintenance systems for critical process-related equipment, including written procedures, employee training, appropriate inspections, and testing of that equipment to ensure ongoing mechanical integrity; to conduct pre-start-up safety reviews of all newly installed or modified equipment; to establish and implement written procedures to manage change to processes of liquefied natural gas conversion, storage, and transport, technology, equipment, and facilities; and loss of life; destruction of private property; or a major accident; and review any findings of an investigation under subparagraph (A); and if appropriate, take responsive measures. The Secretary shall require that operators that are subject to the regulations under subsection (a)(2) submit to the Secretary for approval a plan for the implementation of the requirements described in subsection (c). an anticipated schedule for the implementation of the requirements described in subsection (c); and an overview of the process for implementation. If the Secretary determines during an inspection carried out under chapter 601 of title 49, United States Code, that an operator’s implementation of the requirements described in subsection (c) does not comply with the requirements of that chapter (including any regulations promulgated under that chapter), has not been adequately implemented, is inadequate for the safe operation of a large-scale liquefied natural gas facility, or is otherwise inadequate, the Secretary may conduct enforcement proceedings under that chapter. Nothing in this section shall affect the authority of the Secretary to carry out inspections or conduct enforcement proceedings under chapter 601 of title 49, United States Code. the authority of the Secretary under this title [enacting sections 60142, 60143, and 60303 of this title, amending sections 6107, 60102, 60108, 60109, 60117, 60118, 60122, 60125, 60129, 60130 and 60134 of this title, enacting provisions set out as notes under this section and sections 60101, 60102, 60108, and 60109 of this title, and amending provisions set out as notes under sections 60101 and section 60109 of this title ] to act in the case of an emergency; or the authority of the Secretary under sections 60118 through 60123 of title 49, United States Code. A person violating the standards prescribed under this section, including any revisions to the minimum operating and maintenance standards prescribed under 60103 of title 49, United States Code, shall be liable for a civil penalty that may not exceed $200,000 for each violation pursuant to section 60122(a)(1) of that title.” The term ‘Center’ means the National Center of Excellence for Liquefied Natural Gas Safety that may be established under subsection (b). The term ‘LNG’ means liquefied natural gas. LNG facilities that represent the broad array of LNG facilities operating in the United States; States, Indian Tribes, and units of local government; postsecondary education; labor organizations; safety organizations; or the [Pipeline and Hazardous Materials Safety] Administration; the Federal Energy Regulatory Commission; the Department of Energy; the Occupational Safety and Health Administration; the Coast Guard; and the Maritime Administration. Only after submitting the report under subsection (c) to the committees of Congress described in that subsection, and subject to the availability of funds appropriated by Congress for the applicable purpose, the Secretary [of Transportation], in consultation with LNG sector stakeholders, may establish a center, to be known as the ‘National Center of Excellence for Liquefied Natural Gas Safety’. the resources necessary to establish the Center; and the manner in which the Center will carry out the functions described in subsection (d). The report under paragraph (1) shall include an estimate of all potential costs and appropriations necessary to carry out the functions described in subsection (d). the use of performance-based principles; experience and familiarity with LNG operational facilities; and increased communication with LNG experts to learn and support state-of-the-art operational practices; acting as a repository of information on best practices for the operation of LNG facilities; and facilitating collaboration among LNG sector stakeholders. The Center shall be located in close proximity to critical LNG transportation infrastructure on, and connecting to, the Gulf of Mexico, as determined by the Secretary. take into account the strategic value of locating resources in close proximity to LNG facilities; and locate the Center in the State with the largest LNG production capacity, as determined by the total capacity (in billion cubic feet per day) of LNG production authorized by the Federal Energy Regulatory Commission under section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) as of the date of enactment of this Act [ Dec. 27, 2020 ]. In carrying out the functions described in subsection (d), the Center shall coordinate with the Training and Qualifications Training Center of the Administration in Oklahoma City, Oklahoma, to facilitate knowledge sharing among, and enhanced training opportunities for, Federal and State pipeline safety inspectors and investigators. to provide for joint operation of the Center; and to provide necessary administrative services for the Center.” the best available technologies or practices to prevent or minimize, without compromising pipeline safety, the release of natural gas when making planned repairs, replacements, or maintenance to a pipeline facility; the best available technologies or practices to prevent or minimize, without compromising pipeline safety, the release of natural gas when the operator intentionally vents or releases natural gas, including blowdowns; and pipeline facility designs that, without compromising pipeline safety, mitigate the need to intentionally vent natural gas; and recommending a timeline for updating pipeline safety regulations, as the Secretary determines to be appropriate, to address the matters described in subparagraph (A). Not later than 180 days after the date on which the Secretary submits the report under this subsection, the Secretary shall update pipeline safety regulations that the Secretary has determined are necessary to protect the environment without compromising pipeline safety.” the number of operators of natural gas distribution systems who have implemented a pipeline safety management system in accordance with the standard established by the American Petroleum Institute entitled ‘Pipeline Safety Management System Requirements’ and numbered American Petroleum Institute Recommended Practice 1173; the progress made by operators of natural gas distribution systems who have implemented, or are in the process of implementing, a pipeline safety management system described in paragraph (1); and the number of customers the operator has; and the amount of natural gas the operator transports. As part of the report required under subsection (a), the Secretary shall provide guidance or recommendations that would further the adoption of safety management systems in accordance with the standard established by the American Petroleum Institute entitled ‘Pipeline Safety Management System Requirements’ and numbered American Petroleum Institute Recommended Practice 1173. if necessary, using independent third-party evaluators; and errors; and deviations from regulatory standards; and due consideration will be given to factors such as flawed procedures, honest mistakes, or lack of understanding; and root cause analysis; and training, education, or other appropriate improvements to procedures or training programs.”