Sec. 5. Emergency order authority
374 words·~2 min read·
/bill/115/s/1226/is/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 60117(o) of title 49, United States Code, is amended— by amending paragraph
(1)to read as follows: The Secretary may issue an emergency order described in paragraph
(3)to impose emergency restrictions, prohibitions, and safety measures on owners and operators of hazardous liquid pipeline facilities, without prior notice or an opportunity for a hearing, to the extent necessary to abate an imminent hazard described in subparagraph (A), comply with the conditions referred to in subparagraph (B), or acquire the necessary insurance or other resources needed to respond to an oil spill referred to in subparagraph
(C)if the Secretary— determines that an unsafe condition or practice, or a combination of unsafe conditions and practices, constitutes or is causing an imminent hazard; discovers reliable evidence that the pipeline is violating conditions required for its operation that were previously agreed upon between the responsible party and a State, tribal, or local government; or after consultation with the Administrator of the Environmental Protection Agency and the Commandant of the Coast Guard, determines that— inadequate resources are available to respond to and clean up an oil spill during seasonal conditions or conditions expected or caused by an extreme weather event; or the responsible party cannot demonstrate, through any of the methods described in section 1016(e) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2716(e) ) that it has sufficient financial resources to satisfy the liability limits described in section 1004 of such Act ( 33 U.S.C. 2704 ) in the event of an oil spill incident. ; and in paragraph (3)— in subparagraph (A)— by inserting
(i)before the violation ; and by adding at the end the following: evidence that the pipeline is violating required operating conditions; or the reasons that responsible party’s existing resources are inadequate to remedy either of the situations described in paragraph (1)(C); ; and in subparagraph (E)— by inserting
(i)before how the order ; and by striking and at the end and inserting the following: what the responsible party shall be required to do to ensure that the pipeline complies with applicable operating conditions; or the resources that the responsible party shall be required to acquire to remedy either of the situations described in paragraph (1)(C); and .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources