Sec. 110. UPDATES TO STANDARDS FOR LIQUEFIED NATURAL GAS FACILITIES
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## SEC. 110 UPDATES TO STANDARDS FOR LIQUEFIED NATURAL GAS FACILITIES **[**[49 U.S.C. 60103 note](/us/usc/t49/s60103)**]** ###
(a)In General Not later than 3 years after the date of enactment of this Act, the Secretary shall— ####
(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)Scope In updating the minimum operating and maintenance standards under subsection (a)(2), the Secretary shall ensure that all regulations, guidance, and internal documents— ####
(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)Requirements The updates to the operating and maintenance standards required under subsection (a)(2) shall, at a minimum, require operators— ####
(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)Submission and Approval ####
(1)In general The Secretary shall require that operators that are subject to the regulations under subsection (a)(2) submit to the Secretary for approval a plan for the implementation of the requirements described in subsection (c). ####
(2)Requirement The implementation plan described in paragraph
(1)shall include— #####
(A)an anticipated schedule for the implementation of the requirements described in subsection (c); and #####
(B)an overview of the process for implementation. ###
(e)Inspection and Compliance Assurance ####
(1)Determination of inadequate programs If the Secretary determines during an inspection carried out under chapter 601 of title 49, United States Code, that an operator’s implementation of the requirements described in subsection
(c)does not comply with the requirements of that chapter (including any regulations promulgated under that chapter), has not been adequately implemented, is inadequate for the safe operation of a large-scale liquefied natural gas facility, or is otherwise inadequate, the Secretary may conduct enforcement proceedings under that chapter. ####
(2)Savings clause Nothing in this section shall affect the authority of the Secretary to carry out inspections or conduct enforcement proceedings under chapter 601 of title 49, United States Code. ###
(f)Emergencies and Compliance Nothing in this section may be construed to diminish or modify— ####
(1)the authority of the Secretary under 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)Civil Penalties A person violating the standards prescribed under this section, including any revisions to the minimum operating and maintenance standards prescribed under 60103 of title 49, United States Code, shall be liable for a civil penalty that may not exceed $200,000 for each violation pursuant to section 60122(a)(1) of that title.
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Sec. 110
UPDATES TO STANDARDS FOR LIQUEFIED NATURAL GAS FACILITIES
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