49 U.S.C. § 60103 — Standards for liquefied natural gas pipeline facilities
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 686 words · no verdicts yet
The Secretary of Transportation sets safety standards for where LNG facilities go and how they're built and run. New standards generally do not apply to facilities that already exist. A new facility also needs an approved plan for handling accidents before it can operate.
(a) Location Standards. The Secretary of Transportation must set minimum safety standards for choosing where a new LNG pipeline facility can go. In writing these, the Secretary must weigh: the facility's kind and use; existing and expected population nearby; existing and planned land use nearby; the location's natural features; nearby medical, police, and fire capabilities; the value of encouraging remote siting; and national security.
(b) Design, Installation, Construction, Inspection, and Testing Standards. The Secretary must also set minimum standards for designing, installing, building, and doing the first inspection and testing of a new LNG facility, weighing: the materials used (and alternatives); design factors; the properties of the LNG being stored, converted, or moved; and public-safety factors of the design, especially its ability to prevent and contain a spill.
(c) Nonapplication. Except as paragraph (2) allows, a design, location, installation, construction, or initial inspection or testing standard adopted after March 1, 1978 does not apply to an existing LNG facility, even if authority to apply it comes from this chapter or another law, unless the standard already existed when that authority was used. A standard may apply to a replacement part of an LNG facility if that part goes into service after the standard is set and applying it does not make the part incompatible with the rest of the facility, or is otherwise practical — but a location standard adopted after March 1, 1978 never applies to a replacement part of an existing facility. A design, installation, construction, or initial inspection or testing standard never applies to a facility that already existed when the standard was adopted.
(d) Operation and Maintenance Standards. The Secretary must set minimum operating and maintenance standards, weighing: the facility's conditions, features, and equipment; its fire-prevention and containment equipment; security measures against intentional acts that could cause an LNG accident; maintenance procedures and equipment; staff training; and other factors related to safely handling LNG.
(e) Effective Dates. A standard under this section takes effect 30 days after the Secretary sets it, unless the Secretary, for good cause, sets a different date because more time is needed to comply — stated in the regulation itself.
(f) Contingency Plans. A new LNG facility may only operate after its operator submits an adequate plan describing what to do if an LNG accident happens. The Secretary of Energy or the right state or local authority decides if that plan is good enough.
(g) Effect on Other Standards. This section does not stop the Secretary from applying a section 60102 standard to a gas pipeline facility, other than an LNG facility, that is associated with an LNG facility.
The Secretary of Transportation shall prescribe minimum safety standards for deciding on the location of a new liquefied natural gas pipeline facility. In prescribing a standard, the Secretary shall consider the—
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 Secretary of Transportation shall prescribe minimum safety standards for designing, installing, constructing, initially inspecting, and initially testing a new liquefied natural gas pipeline facility. When prescribing a standard, the Secretary shall consider—
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.
Except as provided in paragraph (2) of this subsection, a design, location, installation, construction, initial inspection, or initial testing standard prescribed under this chapter after March 1, 1978, does not apply to an existing liquefied natural gas pipeline facility if the standard is to be applied because of authority given—
under this chapter; or
under another law, and the standard is not prescribed at the time the authority is applied.
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—
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 Secretary of Transportation shall prescribe minimum operating and maintenance standards for a liquefied natural gas pipeline facility. In prescribing a standard, the Secretary shall consider—
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.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1307; Pub. L. 114–183, § 27(a), June 22, 2016, 130 Stat. 531.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1307
- 2016Amended · Pub. L. 114-183 · 130 Stat. 531
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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