Sec. 15. Liquefied natural gas facility safety
1,326 words·~6 min read·
/bill/116/hr/5175/ih/section-15A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 3 years after the date of enactment of this Act, the Secretary shall— review the minimum operating and maintenance standards for liquefied natural gas facilities, including small scale liquefied natural gas facilities, peak shaving facilities, and large-scale liquefied natural gas facilities, prescribed under section 60103(d) of title 49, United States Code; and based on the review under subparagraph (A), update the safety standards described in that paragraph applicable to liquefied natural gas facilities to provide for a risk-based regulatory approach.
In updating the minimum standards under paragraph (1)(B), the Secretary shall consider the report prepared under subsection (d)(5). The updates to the standards required under this section shall, at a minimum, require operators, consistent with recognized and generally accepted good engineering practices— to develop and maintain written safety information identifying hazards associated with— the processes of liquefied natural gas conversion, storage, and transport; equipment used in the processes; and technology used in the processes; to conduct a hazard assessment, including the identification of potential sources of accidental releases, along with reassessments periodically; to establish a system to respond to the findings of a hazard assessment conducted under subparagraph
(B)that addresses prevention, mitigation, and emergency response; and to train employees in operating procedures with an emphasis on addressing hazards, using safe practices, and carrying out emergency response activities. Not later than 60 days after the date of enactment of this Act, the Secretary shall establish a division within the Office of Pipeline Safety to ensure the safety and oversight of liquefied natural gas facilities under section 60103 and 60111 of title 49, United States Code, including small-scale liquefied natural gas facilities, peak shaving facilities, and import or export facilities. The Liquefied Natural Gas division shall be responsible for— developing regulations and guidance materials for liquefied natural gas facilities; conducting compliance reviews and inspections of liquefied natural gas facilities under section 60103 of title 49, United States Code; participate in liquefied natural gas facility incident investigations; participate in enforcing applicable Federal statutes and regulations for the safety of liquefied natural gas facilities; conduct education, training, and outreach regarding liquefied natural gas facility safety; manage the agency’s research and development activities for liquefied natural gas facilities; and perform other functions consistent with section 60103 and 60111 of such title. The Secretary shall employ personnel necessary for carrying out the functions of the Liquefied Natural Gas division set forth in paragraph
(2)including— a deputy associate administrator; and adequate staffing and support staff positions, including subject matter experts in liquefied natural gas facilities who shall be dedicated to rulemaking activities, subject matter experts in liquefied natural gas facilities who shall perform inspection and enforcement activities, and other necessary personnel to support these activities. To satisfy the requirements of paragraph (3), the Secretary may appoint personnel who have such expertise or may train personnel to develop such expertise through use of the Center of Excellence for Liquefied Natural Gas Safety and Training. Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until the division is sufficiently staffed with LNG subject matter experts, the Secretary shall report to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on the progress to staff the division and any impediments to staffing. Not later than 3 years after the date of enactment of this Act, the Secretary shall establish a Center of Excellence for Liquefied Natural Gas Safety and Training (in this subsection referred to as the Center ). The Center shall— promote, facilitate, and conduct— education; training; and research and technological development; be a repository of information on best practices relating to, and expertise on, liquefied natural gas facility operations; foster collaboration among regulators, industry, and other stakeholders; promote process safety advancements for liquefied natural gas export facilities and the incorporation of risk-based principles into the operation, management, and regulatory oversight of LNG facilities; and other functions deemed appropriate by the Secretary. Until the Center is operational and able to meet the mission in paragraph (2), the Secretary may enter into an agreement with an institution of higher education or the LNG industry to provide education and training on the safe operations of liquefied natural gas facilities, provided that such period does not exceed 3 years. When establishing the Center, the agency may consult with— Federal regulatory agencies of jurisdiction, including— the Pipeline and Hazardous Materials Safety Administration; the Federal Energy Regulatory Commission; the Department of Energy; the U.S. Coast Guard; and the Maritime Administration; States and units of local government; liquefied natural gas facility operators; and other interested parties. Not later than 60 days after the date of enactment of this Act, the Secretary shall establish, in accordance with the requirements of the Federal Advisory Committee Act (5 U.S.C. App.), a Liquefied Natural Gas Federal Advisory Committee (in this subsection referred to as the Committee ). The Committee shall— facilitate communication between liquefied natural gas facility operators, public safety experts, and Federal agencies on practices to ensure the safe operation and maintenance of liquefied natural gas facilities; provide the Secretary with timely information about new liquefied natural gas facility technology and safety practices and methodologies; provide a forum for the Secretary to provide information on and to discuss the activities of the Department of Transportation relating to liquefied natural gas facility safety, and the policies underlying such activities; advise the Secretary on how to promote, facilitate, and conduct education, training, and research on the industry best practices, industry consensus standards, and expertise in liquefied natural gas operations; advise the Secretary on how to recruit and retain qualified personnel; advise the Secretary regarding the regulations prescribed under section 60103 of title 49, United States Code, and when updates to such regulations are recommended; and advise the Secretary on other matters affecting LNG safety, as the Secretary considers appropriate. The Committee shall hold regular meetings, not less than biannually, to discuss issues related to liquefied natural gas pipeline facility safety. The Committee shall be composed of the following members: Four individuals appointed by the Secretary to represent the public, such as public safety experts with knowledge of liquefied natural gas pipeline facility safety, academics, or other qualified individuals. Four individuals appointed by the Secretary to represent States and units of local governments. Four individuals appointed by the Secretary to represent the liquefied natural gas industry, two of whom shall represent large-scale liquefied natural gas facilities, one from a small-scale facility, and one with peak shaving operations. Not less than one representative of the following Federal regulatory agencies of jurisdiction: The Pipeline and Hazardous Materials Safety Administration. The Maritime Administration. The Federal Energy Regulatory Commission. The Coast Guard. Not later than 2 years after the date of enactment of this Act, the Committee shall— review regulations issued pursuant to section 60103(d) of title 49, United States Code for conformity with industry standards that apply risk-based principles for process safety practices; and provide a report and recommendation to the Secretary on how to best align regulations with industry standards that apply risk-based principles for process safety practices. Not later than 90 days after the date of enactment of this Act, and not less frequently than every 30 days thereafter until the date on which all members of the Committee have been appointed, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate to update Congress on the status of the Committee, the progress of appointing members to the Committee, and the identities of individuals appointed to the Committee. There are authorized to be appropriated to the Department of Transportation such sums as may be necessary to carry out this section.