§60103. Standards for liquefied natural gas pipeline facilities
(a)
(1) kind and use of the facility;
(2) existing and projected population and demographic characteristics of the location;
(3) existing and proposed land use near the location;
(4) natural physical aspects of the location;
(5) medical, law enforcement, and fire prevention capabilities near the location that can cope with a risk caused by the facility;
(6) need to encourage remote siting; and
(7) national security.
(b)
(1) the characteristics of material to be used in constructing the facility and of alternative material;
(2) design factors;
(3) the characteristics of the liquefied natural gas to be stored or converted at, or transported by, the facility; and
(4) the public safety factors of the design and of alternative designs, particularly the ability to prevent and contain a liquefied natural gas spill.
(c)
(A) under this chapter; or
(B) under another law, and the standard is not prescribed at the time the authority is applied.
(2)(A) Any design, installation, construction, initial inspection, or initial testing standard prescribed under this chapter after March 1, 1978, may provide that the standard applies to any part of a replacement component of a liquefied natural gas pipeline facility if the component or part is placed in service after the standard is prescribed and application of the standard-
(i) does not make the component or part incompatible with other components or parts; or
(ii) is not impracticable otherwise.
(B) 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.
(3) 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.
(d)
(1) the conditions, features, and type of equipment and structures that make up or are used in connection with the facility;
(2) the fire prevention and containment equipment at the facility;
(3) security measures to prevent an intentional act that could cause a liquefied natural gas accident;
(4) maintenance procedures and equipment;
(5) the training of personnel in matters specified by this subsection; and
(6) other factors and conditions related to the safe handling of liquefied natural gas.
(e)
(f)
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60103(a) | 49 App.:1674a(a) (1)(A), (d)(1), (e). | Aug. 12, 1968,
|
| 60103(b) | 49 App.:1674a(a) (1)(B), (2), (d)(2), (e). | |
| 60103(c)(1), (2) | 49 App.:1674a(c)(1). | |
| 60103(c)(3) | 49 App.:1674a(c)(3). | |
| 60103(d) | 49 App.:1674a(b), (d)(3), (e). | |
| 60103(e) | 49 App.:1674a(f). | |
| 60103(f) | 49 App.:1674a(a)(3). | |
| 60103(g) | 49 App.:1674a(c)(2). |
In subsections (a), (b), and (d), the words "general safety" are omitted as surplus. The text of 49 App.:1674a(e) is omitted for consistency in the revised title and with other titles of the United States Code.
In subsections (a) and (b), before each clause (1), the words "Not later than 180 days after November 30, 1979" are omitted as executed. The word "prescribe" is substituted for "establish by regulation" for consistency in the revised title and with other titles of the Code.
In subsection (a), before clause (1), the words "with respect to standards relating to the location of any new LNG facility" are omitted because of the restatement. In clause (2), the word "involved" is omitted as surplus. In clause (4), the words "meteorological, geological, topographical, seismic, and other" are omitted as surplus. In clause (5), the word "existing" is omitted as surplus.
In subsection (b), before clause (1), the text of 49 App.:1674a(a)(2) (1st sentence) is omitted as executed. The text of 49 App.:1674a(a)(2) (last sentence) is omitted as surplus. The words "with respect to standards applicable to the design, installation, construction, initial inspection, and initial testing of any new LNG facility" are omitted because of the restatement. In clause (1), the words "thermal resistance and other" are omitted as surplus. In clause (2), the words "(such as multiple diking, insulated concrete, and vapor containment barriers)" are omitted as surplus. In clause (3), the words "(for example, whether it is to be in a liquid or semisolid state)" are omitted as surplus. In clause (4), the words "under such a design" are omitted as surplus.
In subsection (c)(1) and (2), the word "prescribed" is substituted for "issued" for consistency in the revised title and with other titles of the Code.
In subsection (c)(1), before clause (A), the words "if the standard is to be applied" are added for clarity. The word "either" is omitted as surplus. In clause (B), the word "Federal" is omitted as surplus. The words "the authority is applied" are substituted for "such authority was exercised" for clarity.
In subsection (c)(2)(A), before clause (i), the words "design, installation, construction, initial inspection, or initial testing standard prescribed under this chapter after March 1, 1978" are substituted for "Any such standard (other than one affecting location)" for clarity. In clause (i), the words "of the facility involved" are omitted as surplus. In clause (ii), the word "otherwise" is omitted as surplus.
In subsection (d), before clause (1), the words "Not later than 270 days after November 30, 1979" are omitted as executed. The words "with respect to standards for the operation and maintance [sic] of any LNG facility" are omitted because of the restatement. In clause (3), the words "to be used with respect to the operation of such facility" and "sabotage or other" are omitted as surplus.
In subsection (e), the text of 49 App.:1674a(f) (related to 49 App.:1672(a)(1) (8th, last sentences), (c), and (d)) is omitted as surplus because those provisions apply to all standards prescribed under the Natural Gas Pipeline Safety Act of 1968 (
In subsection (f), the words "Secretary of Energy" are substituted for "Department of Energy" because of 42:7131. The words "or local" are added for clarity. The words "in the case of any facility not subject to the jurisdiction of the Department under the Natural Gas Act" are omitted as surplus.
Editorial Notes
Amendments
2016-Subsec. (a)(7).
Statutory Notes and Related Subsidiaries
Savings Clause
Updates to Standards for Liquefied Natural Gas Facilities
"(a)
"(1) review the minimum operating and maintenance standards prescribed under section 60103(d) of title 49, United States Code; and
"(2) 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.
"(b)
"(1) are developed and applied in a manner consistent with this section; and
"(2) achieve a level of safety that is equivalent to, or greater than, the level of safety required by the standards prescribed as of the date of enactment of this Act under-
"(A) section 60103(d) of title 49, United States Code; and
"(B) part 193 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).
"(c)
"(1) to develop and maintain written safety information identifying hazards associated with-
"(A) the processes of liquefied natural gas conversion, storage, and transport;
"(B) equipment used in the processes; and
"(C) technology used in the processes;
"(2) to conduct a hazard assessment, including the identification of potential sources of accidental releases;
"(3)(A) to consult with employees and representatives of employees on the development and execution of hazard assessments under paragraph (2); and
"(B) to provide employees access to the records of the hazard assessments and any other records required under the updated standards;
"(4) to establish a system to respond to the findings of a hazard assessment conducted under paragraph (2) that addresses prevention, mitigation, and emergency responses;
"(5) to review, when a design change occurs, the most recent hazard assessment conducted under paragraph (2) and the response system established under paragraph (4);
"(6) to develop and implement written operating procedures for the processes of liquefied natural gas conversion, storage, and transport;
"(7)(A) to provide written safety and operating information to employees; and
"(B) to train employees in operating procedures with an emphasis on addressing hazards and using safe practices;
"(8) to ensure contractors and contract employees are provided appropriate information and training;
"(9) to train and educate employees and contractors in emergency response;
"(10) 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;
"(11) 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;
"(12) to conduct pre-start-up safety reviews of all newly installed or modified equipment;
"(13) to establish and implement written procedures to manage change to processes of liquefied natural gas conversion, storage, and transport, technology, equipment, and facilities; and
"(14)(A) to investigate each incident that results in, or could have resulted in-
"(i) loss of life;
"(ii) destruction of private property; or
"(iii) a major accident; and
"(B) to have operating personnel-
"(i) review any findings of an investigation under subparagraph (A); and
"(ii) if appropriate, take responsive measures.
"(d)
"(1)
"(2)
"(A) an anticipated schedule for the implementation of the requirements described in subsection (c); and
"(B) an overview of the process for implementation.
"(e)
"(1)
"(2)
"(f)
"(1) 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
"(2) the authority of the Secretary under sections 60118 through 60123 of title 49, United States Code.
"(g)
National Center of Excellence for Liquefied Natural Gas Safety
"(a)
"(1)
"(2) LNG.-The term 'LNG' means liquefied natural gas.
"(3)
"(A) LNG facilities that represent the broad array of LNG facilities operating in the United States;
"(B) States, Indian Tribes, and units of local government;
"(C) postsecondary education;
"(D) labor organizations;
"(E) safety organizations; or
"(F) Federal regulatory agencies of jurisdiction, which may include-
"(i) the [Pipeline and Hazardous Materials Safety] Administration;
"(ii) the Federal Energy Regulatory Commission;
"(iii) the Department of Energy;
"(iv) the Occupational Safety and Health Administration;
"(v) the Coast Guard; and
"(vi) the Maritime Administration.
"(b)
"(c)
"(1)
"(A) the resources necessary to establish the Center; and
"(B) the manner in which the Center will carry out the functions described in subsection (d).
"(2)
"(d)
"(1) furthering the expertise of the Federal Government in the operations, management, and regulatory practices of LNG facilities through-
"(A) the use of performance-based principles;
"(B) experience and familiarity with LNG operational facilities; and
"(C) increased communication with LNG experts to learn and support state-of-the-art operational practices;
"(2) acting as a repository of information on best practices for the operation of LNG facilities; and
"(3) facilitating collaboration among LNG sector stakeholders.
"(e)
"(1)
"(2)
"(A) take into account the strategic value of locating resources in close proximity to LNG facilities; and
"(B) 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].
"(f)
"(g)
"(1) to provide for joint operation of the Center; and
"(2) to provide necessary administrative services for the Center."
Best Available Technologies or Practices
"(1)
"(A) discussing-
"(i) 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;
"(ii) 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
"(iii) pipeline facility designs that, without compromising pipeline safety, mitigate the need to intentionally vent natural gas; and
"(B) recommending a timeline for updating pipeline safety regulations, as the Secretary determines to be appropriate, to address the matters described in subparagraph (A).
"(2)
Pipeline Safety Management Systems
"(a)
"(1) 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;
"(2) 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
"(3) the feasibility of an operator of a natural gas distribution system implementing a pipeline safety management system described in paragraph (1) based on the size of the operator as measured by-
"(A) the number of customers the operator has; and
"(B) the amount of natural gas the operator transports.
"(b)
"(c)
"(1) promote and assess pipeline safety management systems frameworks developed by operators of natural gas distribution systems and described in the report under subsection (a), including-
"(A) if necessary, using independent third-party evaluators; and
"(B) through a system that promotes self-disclosure of-
"(i) errors; and
"(ii) deviations from regulatory standards; and
"(2) if a deviation from a regulatory standard is identified during the development and application of a pipeline safety management system, certify that-
"(A) due consideration will be given to factors such as flawed procedures, honest mistakes, or lack of understanding; and
"(B) the operators and regulators use the most appropriate tools to fix the deviation, return to compliance, and prevent the recurrence of the deviation, including-
"(i) root cause analysis; and
"(ii) training, education, or other appropriate improvements to procedures or training programs."
Update to Minimum Safety Standards