(a)
(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)
(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 are part of the Great Lakes or have been identified as coastal beaches, certain coastal waters, 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)
(1)
(2)
(A)
(B)
(3)
(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 reassessments of the facility, at a minimum of once every 7 calendar years, using methods described in subparagraph (A). The Secretary may extend such deadline for an additional 6 months if the operator submits written notice to the Secretary with sufficient justification of the need for the extension.
(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)
(5)
(6)
(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)
(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)
(9)
(A)
(i)
(ii)
(iii)
(B)
(C)
(10)
(11)
(12)
(A)
(i) would provide a greater level of safety than direct assessment of the pipelines; and
(ii) is feasible.
(B)
(i) the results of the study under subparagraph (A); and
(ii) recommendations based on that study, if any.
(d)
(e)
(1)
(2)
(3)
(A)
(i) the service line is installed or entirely replaced after June 1, 2008;
(ii) the service line operates continuously throughout the year at a pressure not less than 10 pounds per square inch gauge;
(iii) the service line is not connected to a gas stream with respect to which the operator has had prior experience with contaminants the presence of which could interfere with the operation of an excess flow valve;
(iv) the installation of an excess flow valve on the service line is not likely to cause loss of service to the residence or interfere with necessary operation or maintenance activities, such as purging liquids from the service line; and
(v) an excess flow valve meeting performance standards developed under section 60110(e) of title 49, United States Code, is commercially available to the operator, as determined by the Secretary.
(B)
(C)
(4)
(5)
(6)
(7)
(A)
(i) the risks resulting from the presence of cast iron pipes and mains in the distribution system; and
(ii) the risks that could lead to or result from the operation of a low-pressure distribution system at a pressure that makes the operation of any connected and properly adjusted low-pressure gas burning equipment unsafe, as determined by the Secretary.
(B)
(i) considers factors other than past observed abnormal operating conditions (as defined in section 192.803 of title 49, Code of Federal Regulations (or a successor regulation)) in ranking risks and identifying measures to mitigate those risks; and
(ii) may not determine that there are no potential consequences associated with low probability events unless that determination is otherwise supported by engineering analysis or operational knowledge.
(C)
(i)
(I) the distribution integrity management plan of the operator;
(II) the emergency response plan under section 60102(d)(5); and
(III) the procedural manual for operations, maintenance, and emergencies under section 60102(d)(4).
(ii)
(iii)
(D)
(i)
(I)
(II)
(aa) shall not use subclause (I) as justification to reduce funding, decertify, or penalize in any way under section 60105, 60106, or 60107 a State authority that has in effect a certification under section 60105 or an agreement under section 60106; and
(bb) shall—
(AA) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a list of States found to be noncompliant with subclause (I) during the annual program evaluation; and
(BB) provide a written notice to each State authority described in item (aa) that is not in compliance with the requirements of subclause (I).
(ii)
(I) on significant change to the plans or procedural manual, as applicable;
(II) on significant change to the gas distribution system of the operator, as applicable; and
(III) not less frequently than once every 5 years.
(iii)
(iv)
(f)
(1) the signing officer has reviewed the report; and
(2) to the best of such officer's knowledge and belief, the report is true and complete.
(g)
(1)
(A) using internal inspection technology appropriate for the integrity threat are completed not less often than once every 12 months; and
(B) using pipeline route surveys, depth of cover surveys, pressure tests, external corrosion direct assessment, or other technology that the operator demonstrates can further the understanding of the condition of the pipeline facility are completed on a schedule based on the risk that the pipeline facility poses to the high consequence area in which the pipeline facility is located, but not less often than once every 12 months.
(2)
(A) that is not an offshore pipeline facility; and
(B) any portion of which is located at depths greater than 150 feet under the surface of the water.
(3)
(4)
(5)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1315; Pub. L. 103–429, §6(75), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 104–304, §§7, 20(i), Oct. 12, 1996, 110 Stat. 3800, 3805; Pub. L. 107–355, §14(a), (b), Dec. 17, 2002, 116 Stat. 3002, 3005; Pub. L. 109–468, §§9, 14, 16, Dec. 29, 2006, 120 Stat. 3493, 3496; Pub. L. 112–90, §§5(e), 22, Jan. 3, 2012, 125 Stat. 1908, 1917; Pub. L. 114–183, §§19(a), 25, June 22, 2016, 130 Stat. 527, 530; Pub. L. 116–260, div. R, title I, §§108(b)(1), 120(b), (d), 122, title II, §202(a), Dec. 27, 2020, 134 Stat. 2223, 2235–2237.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60109(a) (1)(A) | 49 App.:1672(i)(1) (1st sentence), (2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(i); added Oct. 24, 1992, Pub. L. 102–508, §102(a)(2), 106 Stat. 3291. |
60109(a) (1)(B) | 49 App.:2002(m)(1) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(m); added Oct. 24, 1992, Pub. L. 102–508, §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). |
In subsection (a)(1)(B)(i) and (ii), the words "regulation under" and "or not" are omitted as surplus.
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).
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.
The date of enactment of this paragraph, referred to in subsecs. (c)(12)(B) and (e)(7)(A), (C)(i), is the date of enactment of Pub. L. 116–260, which was approved Dec. 27, 2020.
The date of enactment of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, referred to in subsec. (e)(3)(B), is the date of enactment of Pub. L. 112–90, which was approved Jan. 3, 2012.
The Electronic Signatures in Global and National Commerce Act, referred to in subsec. (f), is Pub. L. 106–229, June 30, 2000, 114 Stat. 464, which is classified principally to chapter 96 (§7001 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 7001 of Title 15 and Tables.
2020—Subsec. (b)(2). Pub. L. 116–260, §120(b), substituted "certain coastal waters" for "marine coastal waters".
Subsec. (c)(12). Pub. L. 116–260, §122, added par. (12).
Subsec. (e)(7). Pub. L. 116–260, §202(a), added par. (7).
Subsec. (g)(1)(B). Pub. L. 116–260, §120(d)(1), inserted ", but not less often than once every 12 months" before period at end.
Subsec. (g)(4). Pub. L. 116–260, §108(b)(1), substituted "section 60117(d)" for "section 60117(c)".
Subsec. (g)(5). Pub. L. 116–260, §120(d)(2), added par. (5).
2016—Subsec. (b)(2). Pub. L. 114–183, §19(a), substituted "are part of the Great Lakes or have been identified as coastal beaches, marine coastal waters," for "have been identified as".
Subsec. (g). Pub. L. 114–183, §25, added subsec. (g).
2012—Subsec. (c)(3)(B). Pub. L. 112–90, §5(e), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "Subject to paragraph (5), periodic reassessment of the facility, at a minimum of once every 7 years, using methods described in subparagraph (A)."
Subsec. (e)(3)(B), (C). Pub. L. 112–90, §22, added subpar. (B) and redesignated former subpar. (B) as (C).
2006—Subsec. (c)(9)(A)(iii). Pub. L. 109–468, §14, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "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."
Subsec. (e). Pub. L. 109–468, §9, added subsec. (e).
Subsec. (f). Pub. L. 109–468, §16, added subsec. (f).
2002—Subsec. (c). Pub. L. 107–355, §14(a), added subsec. (c).
Subsec. (d). Pub. L. 107–355, §14(b), added subsec. (d).
1996—Subsec. (a). Pub. L. 104–304, §20(i), substituted "standards" for "regulations" in introductory provisions.
Subsec. (a)(1)(B)(i). Pub. L. 104–304, §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, §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)".
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.
Pub. L. 116–260, div. R, title I, §115, Dec. 27, 2020, 134 Stat. 2232, provided that:
"(a)
"(1) review all comments submitted in response to the advance notice of proposed rulemaking entitled 'Pipeline Safety: Class Location Change Requirements' (83 Fed. Reg. 36861 (July 31, 2018));
"(2) complete any other activities or procedures necessary—
"(A) to make a determination whether to publish a notice of proposed rulemaking; and
"(B) if a positive determination is made under subparagraph (A), to advance in the rulemaking process, including by taking any actions required under section 60115 of title 49, United State Code; and
"(3) consider the issues raised in the report to Congress entitled 'Evaluation of Expanding Pipeline Integrity Management Beyond High-Consequence Areas and Whether Such Expansion Would Mitigate the Need for Gas Pipeline Class Location Requirements' prepared by the Pipeline and Hazardous Materials Safety Administration and submitted to Congress on June 8, 2016, including the adequacy of existing integrity management programs.
"(b)
"(c)
Pub. L. 116–260, div. R, title I, §120(c), Dec. 27, 2020, 134 Stat. 2235, provided that: "The Secretary [of Transportation] shall complete the revision to regulations required under section 19(b) of the PIPES Act of 2016 (49 U.S.C. 60109 note; Public Law 114–183) (as amended by subsection (a)) [set out below] by not later than 90 days after the date of enactment of this Act [Dec. 27, 2020]."
Pub. L. 114–183, §19(b), June 22, 2016, 130 Stat. 527, as amended by Pub. L. 116–260, div. R, title I, §120(a), Dec. 27, 2020, 134 Stat. 2235, provided that:
"(1)
"(A)
"(i) the territorial sea of the United States;
"(ii) the Great Lakes and their connecting waters; and
"(iii) the marine and estuarine waters of the United States up to the head of tidal influence.
"(B)
"(2)
Pub. L. 112–90, §5, Jan. 3, 2012, 125 Stat. 1907, provided that:
"(a)
"(1) whether integrity management system requirements, or elements thereof, should be expanded beyond high-consequence areas; and
"(2) with respect to gas transmission pipeline facilities, whether applying integrity management program requirements, or elements thereof, to additional areas would mitigate the need for class location requirements.
"(b)
"(1) The continuing priority to enhance protections for public safety.
"(2) The continuing importance of reducing risk in high-consequence areas.
"(3) The incremental costs of applying integrity management standards to pipelines outside of high-consequence areas where operators are already conducting assessments beyond what is required under chapter 601 of title 49, United States Code.
"(4) The need to undertake integrity management assessments and repairs in a manner that is achievable and sustainable, and that does not disrupt pipeline service.
"(5) The options for phasing in the extension of integrity management requirements beyond high-consequence areas, including the most effective and efficient options for decreasing risks to an increasing number of people living or working in proximity to pipeline facilities.
"(6) The appropriateness of applying repair criteria, such as pressure reductions and special requirements for scheduling remediation, to areas that are not high-consequence areas.
"(c)
"(1) expansion of integrity management requirements, or elements thereof, beyond high-consequence areas; and
"(2) with respect to gas transmission pipeline facilities, whether applying the integrity management program requirements, or elements thereof, to additional areas would mitigate the need for class location requirements.
"(d)
"(e)
"(f)
"(1)
"(A) the date that is 1 year after the date of completion of the report under subsection (c); or
"(B) the date that is 3 years after the date of enactment of this Act.
"(2)
"(3)
"(A)
"(i) integrity management system requirements, or elements thereof, should be expanded beyond high-consequence areas; and
"(ii) with respect to gas transmission pipeline facilities, applying integrity management program requirements, or elements thereof, to additional areas would mitigate the need for class location requirements.
"(B)
"(i) expand integrity management system requirements, or elements thereof, beyond high-consequence areas; and
"(ii) remove redundant class location requirements for gas transmission pipeline facilities that are regulated under an integrity management program adopted and implemented under section 60109(c)(2) of title 49, United States Code.
"(4)
"(A)
"(B)
"(g)
"(1) whether risk-based reassessment intervals are a more effective alternative for managing risks to pipelines in high-consequence areas once baseline assessments are complete when compared to the reassessment interval specified in section 60109(c)(3)(B) of title 49, United States Code;
"(2) the number of anomalies found in baseline assessments required under section 60109(c)(3)(A) of title 49, United States Code, as compared to the number of anomalies found in reassessments required under section 60109(c)(3)(B) of such title; and
"(3) the progress made in implementing the recommendations in GAO Report 06–945 and the current relevance of those recommendations that have not been implemented."
[Terms used in section 5 of Pub. L. 112–90, set out above, have the meaning given those terms in this chapter, see section 1(c)(1) of Pub. L. 112–90, set out as a note under section 60101 of this title. For definition of "high-consequence area" as used in section 5 of Pub. L. 112–90, see section 1(c)(2) of Pub. L. 112–90, set out as a note under section 60101 of this title.]
Pub. L. 112–90, §29, Jan. 3, 2012, 125 Stat. 1921, provided that: "In identifying and evaluating all potential threats to each pipeline segment pursuant to parts 192 and 195 of title 49, Code of Federal Regulations, an operator of a pipeline facility shall consider the seismicity of the area."
[Terms used in section 29 of Pub. L. 112–90, set out above, have the meaning given those terms in this chapter, see section 1(c)(1) of Pub. L. 112–90, set out as a note under section 60101 of this title.]
Pub. L. 107–355, §14(d), Dec. 17, 2002, 116 Stat. 3005, required the Comptroller General to study the 7-year reassessment interval required by section 60109(c)(3)(B) of title 49 and to transmit to Congress a report on the study not later than 4 years after Dec. 17, 2002.