Pipeline Safety Reauthorization Act of 1991 - Title I: Natural Gas - Natural Gas Pipeline Safety Authorization Act of 1991 - Amends the Natural Gas Pipeline Safety Act of 1968 (NGPSA) to revise the definition of "transportation of gas" to include the control of natural gas being delivered in consumer-owned pipe.
Authorizes only a State agency that has submitted a current certification of jurisdiction and enforcement to adopt additional or more stringent safety standards for such intrastate pipeline transportation if they are compatible with the Federal minimum pipeline safety standards. (Currently a State agency may adopt more stringent standards even if it does not submit a current certification.)
Authorizes the Secretary of Transportation (Secretary) to extend Federal safety standards requiring new gas transmission facilities to accommodate instrumented internal inspection devices (smart pigs) to require that existing transmission facilities be modified to accommodate such devices.
Excludes municipalities from the meaning of "State agency" in such Act to the extent that: (1) Federal pipeline safety standards shall not apply to intrastate gas pipeline transportation when similar safety standards are regulated by State agencies; and (2) in certain cases, the Secretary may enter into an agreement authorizing a State agency to assume responsibility for enforcing Federal safety standards for intrastate gas pipeline transportation. Changes from $5,000 to an amount established by the Secretary the threshold amount of property damage per accident that State annual certifications must report on regarding gas pipeline accidents within the State during the preceding 12 months.
Increases from $10,000 to $25,000 the civil penalty per day for violations of Federal pipeline safety inspection and maintenance standards committed by persons engaged in the transportation of gas or pipeline facility operators.
Grants jurisdiction to district courts to order persons who refuse to obey a subpeona or allow authorized persons to conduct Federal gas pipelines safety standard compliance inspections or record examinations to comply with such orders or be found in contempt of court. Authorizes the Secretary to request the Attorney General to request such court enforcement of subpoenas.
Authorizes the Secretary to: (1) assess costs incurred by the Department of Transportation in monitoring the design and construction of gas pipeline facilities prior to their operation; and (2) collect them from the persons responsible for the development of such facilities. Requires such assessments to be deposited into the Pipeline Safety Fund to pay such costs.
Requires the Secretary to submit to the Congress on August 15 (currently, April 15) of each year a report on the administration of Federal gas pipeline safety standards during the preceding calendar year.
Authorizes appropriations for FY 1992 and 1993.
Title II: Hazardous Liquids - Hazardous Liquid Pipeline Safety Authorization Act of 1991 - Amends the Hazardous Liquid Pipeline Safety Act of 1979 (HLPSA) to require Federal safety standards established by the Secretary for the transportation of hazardous liquids and pipeline facilities to be designed to meet the need for the protection of the environment. Requires operators of hazardous liquid pipeline facilities to report to the Secretary any condition that constitutes a hazard to the environment. Requires the Secretary in prescribing such standards to consider the extent to which they will contribute to environmental protection.
Makes changes to the HLPSA similar to those in the NGPSA with respect to: (1) the necessity of a current certification for any State agency that would adopt additional or more stringent safety standards for intrastate pipeline facilities; (2) authority to require existing hazardous liquid pipeline facilities to be modified to accommodate instrumented internal inspection devices; (3) changes in threshold dollar amount of property damages that must be reported in State certifications regarding hazardous liquid pipeline accidents; (4) increases in civil penalties for violations of Federal pipeline safety inspection and maintenance standards; (5) district court jurisdiction to order persons to comply with Federal hazardous liquid pipeline safety standard inspections or record examinations; (6) the levy of assessments for costs incurred by the Department of Transportation in monitoring the design and construction of hazardous liquid pipeline facilities prior to their operation; and (7) the submission of a report on the administration of Federal hazardous liquid pipeline standards during the preceding year.
Directs the Secretary to require operators of hazardous liquid pipeline facilities to provide information that includes, among other things, an accurate map, including geographic description of environmentally sensitive areas, showing the location of such operator's facilities. (Currently such description need not refer to such areas.)
Requires the Secretary to order a person operating a hazardous liquid pipeline facility to take corrective action whenever he or she finds that such facility is hazardous to the environment. Requires the Secretary when making such findings to consider, if relevant, the aspects of the areas in which the pipeline facility is located, particularly, among other factors, proximity to environmentally sensitive areas.
Requires the Secretary in determining the adequacy of inspection and maintenance plans of persons who engage in the transportation of hazardous liquids or own or operate pipeline facilities to consider, among other factors, the extent to which such plans will contribute to the protection of the environment.
Revises criteria the Secretary must use when making recommendations as to the frequency and type of testing and inspection of hazardous liquid pipeline facilities to include consideration of the proximity of such facilities to environmentally sensitive areas.
Authorizes appropriations for FY 1992 and 1993.
S 1429 IS 102d CONGRESS 1st Session S. 1429 To amend the Natural Gas Pipeline Safety Act of 1968, as amended, and the Hazardous Liquid Pipeline Safety Act of 1979, as amended, to authorize appropriations for fiscal years 1992 and 1993, and for other purposes. IN THE SENATE OF THE UNITED STATES June 28 (legislative day, JUNE 11), 1991 Mr. KASTEN (by request) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Natural Gas Pipeline Safety Act of 1968, as amended, and the Hazardous Liquid Pipeline Safety Act of 1979, as amended, to authorize appropriations for fiscal years 1992 and 1993, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the `Pipeline Safety Reauthorization Act of 1991.'. Title I--Natural Gas SEC. 101. This title may be cited as the `Natural Gas Pipeline Safety Authorization Act of 1991.'. SEC. 102. Section 2(3) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671(3)) is amended by inserting the words `(including the control of gas being delivered in consumer-owned pipe)' immediately following the words `distribution of gas'. SEC. 103. Section 3 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1672) is amended-- (1) by inserting the words `that has submitted a current certification under section 5(a) of this Act' in paragraph (a)(1) between the words `Any State agency' and `may adopt additional or more stringent safety standards'; (2) by adding the following at the end of subsection (g): `The Secretary may extend such regulation to require existing transmission facilities to be modified to permit the inspection of such facilities with instrumented internal inspection devices.' SEC. 104. Section 5 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1674) is amended by removing the words `(including a municipality)' from paragraphs (a) and (b), both places they appear. SEC. 105. Section 5(a) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1674(a)) is amended-- (1) by removing the word `when' in the first sentence of subsection (a) and inserting the words `to the extent that' in its place; and (2) by removing the word `$5,000' and adding the words `an amount established by the Secretary'. SEC. 106. Section 11(a)(1) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1679a(a)(1) is amended by replacing the number `$10,000' with the number `$25,000'. SEC. 107. Section 14 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1681) is amended: (1) by adding the following new subsection (f): `(f) In case of contumacy or refusal to obey a subpoena, or refusal to allow officers, employees, or agents authorized by the Secretary to enter, conduct inspections, or examine records and properties for purposes of determining compliance with this Act [49 U.S.C. App. 1671 et seq.], by any person who resides, is found, or transacts business within the jurisdiction of any district court of the United States, such district court shall, upon the request of the Attorney General, acting at the request of the Secretary, have jurisdiction to issue to such person an order requiring such person to comply forthwith. Failure to obey such an order is punishable by that court as a contempt of court.'; and (2) by adding the following new subsection (g): `(g) The Secretary may, by regulation, assess the costs incurred by the Department of Transportation in monitoring the design and construction of facilities prior to their operation. Such amounts shall be collected from the person responsible for the development of the pipeline facilities, and shall be deposited in the Pipeline Safety Fund. Amounts collected under this section shall be available, until expended, without further appropriation, up to $500,000 for each fiscal year, to pay the Federal costs of monitoring.' SEC. 108. Section 16(a) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1683(a)) is amended by replacing the words `April 15' with `August 15'. SEC. 109. Section 17(a)(9) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1684) is amended: (1) by striking `and' at the end of paragraph (a)(8); (2) by striking the period at the end of paragraph (a)(9) and inserting a semicolon; (3) by adding the following new paragraphs (a) (10) and (11) as follows: `(10) $5,562,000 for the fiscal year ending September 30, 1992; and `(11) such sums as may be necessary for the fiscal year ending September 30, 1993.'; (4) by removing the word `1991' from the heading in subsection (c) and inserting the word `1993' in its place; and (5) by removing the word `and' immediately preceding the word `5,500,000' in subsection (c), removing the period from the last sentence of subsection (c), and adding the words `, $7,000,000 for the fiscal year ending September 30, 1992, and such sums as may be necessary for the fiscal year ending September 30, 1993.'. Title II--Hazardous Liquids SEC. 201. This title may be cited as the `Hazardous Liquid Pipeline Safety Authorization Act of 1991.'. SEC. 202. Section 203 of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2002) is amended by-- (1) removing the period at the end of paragraph (a)(1) and inserting the words `and the protection of the environment.'; (2) inserting the words `including the environment,' before the word `and' in paragraph (a)(2)(A); (3) by striking `and' at the end of paragraph (b)(3); (4) by striking the period at the end of paragraph (b)(4) and inserting a semicolon followed by the word `and'; (5) by adding a new paragraph (b)(5) to read as follows: `(5) the extent to which the standards will contribute to protection of the environment.'; (6) by inserting the words `that has submitted a current certification under section 205(a) of this Act' in paragraph (d) between the words `Any State agency' and `may adopt additional or more stringent safety standards'; (7) by inserting the words `including environmentally sensitive areas,' in paragraph (i)(2) between the words `supplementary geographic description,' and `showing the location'; and (8) by adding the following at the end of subsection (k): `The Secretary may extend such regulation to require existing pipeline facilities to be modified to permit the inspection of such facilities with instrumented internal inspection devices.' SEC. 203. Section 205(a) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2004(a)) is amended by-- (1) by removing the word `when' in the first sentence of subsection (a) and inserting the words `to the extent that' in its place; and (2) by removing the words `$5,000' and adding the words `an amount established by the Secretary'. SEC. 204. Section 208(a)(1) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2007(a)(1)) is amended by replacing the number `$10,000' with the number `$25,000'. SEC. 205. Section 209(b) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2008(b)) is amended by-- (1) inserting the words `including the environment,' immediately following the words `life or property,' in paragraphs (1), (2)(A), and (2)(B); (2) replacing the period following the word `property' with a comma and adding the words `including the environment.' in paragraphs (2)(B) and (5); and (3) inserting the words `proximity to environmentally sensitive areas,' in paragraph (3)(C) between the words `associated with such areas,' and `and the population density'. SEC. 206. Section 210 of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2009) is amended by-- (1) removing the period following the word `safety' in paragraph (b)(4) and adding the words `and protection of the environment.'; and (2) inserting the words `proximity to environmentally sensitive areas,' in paragraphs (c)(2)(D) and (d)(2)(D) between the words `pipeline facilities are located,' and `and the existing and projected population'. SEC. 207. Section 211 of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2010) is amended: (1) by adding the following new subsection (f): `(f) In case of contumacy or refusal to obey a subpoena, or refusal to allow officers, employees, or agents authorized by the Secretary to enter, conduct inspections, or examine records and properties for purposes of determining compliance with this Act [49 U.S.C. App. 2001 et seq.], by any person who resides, is found, or transacts business within the jurisdiction of any district court of the United States, such district court shall, upon the request of the Attorney General, acting at the request of the Secretary, have jurisdiction to issue to such person an order requiring such person to comply forthwith. Failure to obey such an order is punishable by that court as a contempt of court.'; and (2) by adding the following new subsection (g): `(g) The Secretary may, by regulation, assess the costs incurred by the Department of Transportation in monitoring the design and construction of facilities prior to their operation. Such amounts shall be collected from the persons responsible for the development of the pipeline facilities, and shall be deposited into the Pipeline Safety Fund. Amounts collected under this section shall be available, until expended, without further appropriation, up to $500,000 for each fiscal year, to pay the Federal costs of the monitoring.' SEC. 208. Section 213(a) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2012(a)) is amended by replacing the words `April 15' with `August 15'. SEC. 209. Section 214(a) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2013(a)) is amended: (1) by striking `and' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting a semicolon; and (3) by adding the following new paragraphs (10) and (11) as follows: `(10) $1,391,000 for the fiscal year ending September 30, 1992; and `(11) Such sums as may be necessary for the fiscal year ending September 30, 1993.'
Introduced in Senate
Read twice and referred to the Committee on Commerce.
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