HR 6 EAS1S/PP
planning committees in the areas of pipeline right-of-
1
way, established under section 301 of the Emergency
2
Planning and Community Right-To-Know Act of
3
1986 (42 U.S.C. 11001) in each State in which it op-
4
erates.
5
‘‘(2) I
NFORMATION
.—An operator shall, upon re-
6
quest, make available to the State emergency response
7
commissions and local emergency planning commit-
8
tees, and shall make available to the Office of Pipeline
9
Safety in a standardized form for the purpose of pro-
10
viding the information to the public, the information
11
described in section 60102(d), the operator’s program
12
for integrity management, and information about im-
13
plementation of that program. The information about
14
the facility shall also include, at a minimum—
15
‘‘(A) the business name, address, telephone
16
number of the operator, including a 24-hour
17
emergency contact number;
18
‘‘(B) a description of the facility, including
19
pipe diameter, the product or products carried,
20
and the operating pressure;
21
‘‘(C) with respect to transmission pipeline
22
facilities, maps showing the location of the facil-
23
ity and, when available, any high consequence
24
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HR 6 EAS1S/PP
areas which the pipeline facility traverses or ad-
1
joins and abuts;
2
‘‘(D) a summary description of the integ-
3
rity measures the operator uses to assure safety
4
and protection for the environment; and
5
‘‘(E) a point of contact to respond to ques-
6
tions from emergency response representative.
7
‘‘(3) S
MALLER COMMUNITIES
.—In a community
8
without a local emergency planning committee, the
9
operator shall maintain liaison with the local fire,
10
police, and other emergency response agencies.
11
‘‘(4) P
UBLIC ACCESS
.—The Secretary shall pre-
12
scribe requirements for public access, as appropriate,
13
to this information, including a requirement that the
14
information be made available to the public by widely
15
accessible computerized database.
16
‘‘(c) C
OMMUNITY
R
IGHT
-T
O
-K
NOW
.—Not later than 12
17
months after the date of enactment of the Pipeline Safety
18
Improvement Act of 2003, and annually thereafter, the
19
owner or operator of each gas transmission or hazardous
20
liquid pipeline facility shall provide to the governing body
21
of each municipality in which the pipeline facility is lo-
22
cated, a map identifying the location of such facility. The
23
map may be provided in electronic form. The Secretary
24
may provide technical assistance to the pipeline industry
25
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on developing public safety and public education program
1
content and best practices for program delivery, and on
2
evaluating the effectiveness of the programs. The Secretary
3
may also provide technical assistance to State and local of-
4
ficials in applying practices developed in these programs
5
to their activities to promote pipeline safety.
6
‘‘(d) P
UBLIC
A
VAILABILITY OF
R
EPORTS
.—The Sec-
7
retary shall—
8
‘‘(1) make available to the public—
9
‘‘(A) a safety-related condition report filed
10
by an operator under section 60102(h);
11
‘‘(B) a report of a pipeline incident filed by
12
an operator;
13
‘‘(C) the results of any inspection by the Of-
14
fice of Pipeline Safety or a State regulatory offi-
15
cial; and
16
‘‘(D) a description of any corrective action
17
taken in response to a safety-related condition
18
reported under subparagraph (A), (B), or (C);
19
and
20
‘‘(2) prescribe requirements for public access, as
21
appropriate, to integrity management program infor-
22
mation prepared under this chapter, including re-
23
quirements that will ensure data accessibility to the
24
greatest extent feasible.’’.
25
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(b)
S
AFETY
C
ONDITION
R
EPORTS
.—Section
1
60102(h)(2) is amended by striking ‘‘authorities.’’ and in-
2
serting ‘‘officials, including the local emergency respond-
3
ers.’’.
4
(c) C
ONFORMING
A
MENDMENT
.—The chapter analysis
5
for chapter 601 is amended by striking the item relating
6
to section 60116 and inserting the following:
7
‘‘60116. Public education, emergency preparedness, community right-to-know.’’.
SEC. 767. PENALTIES.
8
(a) C
IVIL
P
ENALTIES
.—Section 60122 is amended—
9
(1) by striking ‘‘$25,000’’ in subsection (a)(1)
10
and inserting ‘‘$500,000’’;
11
(2) by striking ‘‘$500,000’’ in subsection (a)(1)
12
and inserting ‘‘$1,000,000’’;
13
(3) by adding at the end of subsection (a)(1) the
14
following: ‘‘The preceding sentence does not apply to
15
judicial enforcement action under section 60120 or
16
60121.’’; and
17
(4) by striking subsection (b) and inserting the
18
following:
19
‘‘(b) P
ENALTY
C
ONSIDERATIONS
.—In determining the
20
amount of a civil penalty under this section—
21
‘‘(1) the Secretary shall consider—
22
‘‘(A) the nature, circumstances, and gravity
23
of the violation, including adverse impact on the
24
environment;
25
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HR 6 EAS1S/PP
‘‘(B) with respect to the violator, the degree
1
of culpability, any history of prior violations,
2
the ability to pay, any effect on ability to con-
3
tinue doing business; and
4
‘‘(C) good faith in attempting to comply;
5
and
6
‘‘(2) the Secretary may consider—
7
‘‘(A) the economic benefit gained from the
8
violation without any discount because of subse-
9
quent damages; and
10
‘‘(B) other matters that justice requires.’’.
11
(b) E
XCAVATOR
D
AMAGE
.—Section 60123(d) is
12
amended—
13
(1) by striking ‘‘knowingly and willfully’’;
14
(2) by inserting ‘‘knowingly and willfully’’ before
15
‘‘engages’’ in paragraph (1); and
16
(3) striking paragraph (2)(B) and inserting the
17
following:
18
‘‘(B) a pipeline facility, is aware of dam-
19
age, and does not report the damage promptly to
20
the operator of the pipeline facility and to other
21
appropriate authorities; or’’.
22
(c) C
IVIL
A
CTIONS
.—Section 60120(a)(1) is amended
23
to read as follows:
24
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HR 6 EAS1S/PP
‘‘(1) On the request of the Secretary of Transportation,
1
the Attorney General may bring a civil action in an appro-
2
priate district court of the United States to enforce this
3
chapter, including section 60112 of this chapter, or a regu-
4
lation prescribed or order issued under this chapter. The
5
court may award appropriate relief, including a temporary
6
or permanent injunction, punitive damages, and assessment
7
of civil penalties considering the same factors as prescribed
8
for the Secretary in an administrative case under section
9
60122.’’.
10
SEC. 768. STATE OVERSIGHT ROLE.
11
(a) S
TATE
A
GREEMENTS
W
ITH
C
ERTIFICATION
.—Sec-
12
tion 60106 is amended—
13
(1) by striking ‘‘G
ENERAL
A
UTHORITY
.—’’ in
14
subsection (a) and inserting ‘‘A
GREEMENTS
W
ITHOUT
15
C
ERTIFICATION
.—’’;
16
(2) by redesignating subsections (b), (c), and (d)
17
as subsections (c), (d), and (e); and
18
(3) by inserting after subsection (a) the fol-
19
lowing:
20
‘‘(b) A
GREEMENTS
W
ITH
C
ERTIFICATION
.—
21
‘‘(1) I
N GENERAL
.—If the Secretary accepts a
22
certification under section 60105 of this title and
23
makes the determination required under this sub-
24
section, the Secretary may make an agreement with
25
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HR 6 EAS1S/PP
a State authority authorizing it to participate in the
1
oversight of interstate pipeline transportation. Each
2
such agreement shall include a plan for the State au-
3
thority to participate in special investigations involv-
4
ing incidents or new construction and allow the State
5
authority to participate in other activities overseeing
6
interstate pipeline transportation or to assume addi-
7
tional inspection or investigatory duties. Nothing in
8
this section modifies section 60104(c) or authorizes
9
the Secretary to delegate the enforcement of safety
10
standards prescribed under this chapter to a State
11
authority.
12
‘‘(2) D
ETERMINATIONS
REQUIRED
.—The Sec-
13
retary may not enter into an agreement under this
14
subsection, unless the Secretary determines that—
15
‘‘(A) the agreement allowing participation
16
of the State authority is consistent with the Sec-
17
retary’s program for inspection and consistent
18
with the safety policies and provisions provided
19
under this chapter;
20
‘‘(B) the interstate participation agreement
21
would not adversely affect the oversight respon-
22
sibilities of intrastate pipeline transportation by
23
the State authority;
24
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HR 6 EAS1S/PP
‘‘(C) the State is carrying out a program
1
demonstrated to promote preparedness and risk
2
prevention activities that enable communities to
3
live safely with pipelines;
4
‘‘(D) the State meets the minimum stand-
5
ards for State one-call notification set forth in
6
chapter 61; and
7
‘‘(E) the actions planned under the agree-
8
ment would not impede interstate commerce or
9
jeopardize public safety.
10
‘‘(3) E
XISTING AGREEMENTS
.—If requested by
11
the State authority, the Secretary shall authorize a
12
State authority which had an interstate agreement in
13
effect after January 1999, to oversee interstate pipe-
14
line transportation pursuant to the terms of that
15
agreement until the Secretary determines that the
16
State meets the requirements of paragraph (2) and
17
executes a new agreement, or until December 31,
18
2003, whichever is sooner. Nothing in this paragraph
19
shall prevent the Secretary, after affording the State
20
notice, hearing, and an opportunity to correct any al-
21
leged deficiencies, from terminating an agreement
22
that was in effect before enactment of the Pipeline
23
Safety Improvement Act of 2003 if—
24
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HR 6 EAS1S/PP
‘‘(A) the State authority fails to comply
1
with the terms of the agreement;
2
‘‘(B) implementation of the agreement has
3
resulted in a gap in the oversight responsibilities
4
of intrastate pipeline transportation by the State
5
authority; or
6
‘‘(C) continued participation by the State
7
authority in the oversight of interstate pipeline
8
transportation has had an adverse impact on
9
pipeline safety.’’.
10
(b) E
NDING
A
GREEMENTS
.—Subsection (e) of section
11
60106, as redesignated by subsection (a), is amended to read
12
as follows:
13
‘‘(e) E
NDING
A
GREEMENTS
.—
14
‘‘(1) P
ERMISSIVE TERMINATION
.—The Secretary
15
may end an agreement under this section when the
16
Secretary finds that the State authority has not com-
17
plied with any provision of the agreement.
18
‘‘(2) M
ANDATORY
TERMINATION
OF
AGREE
-
19
MENT
.—The Secretary shall end an agreement for the
20
oversight of interstate pipeline transportation if the
21
Secretary finds that—
22
‘‘(A) implementation of such agreement has
23
resulted in a gap in the oversight responsibilities
24
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HR 6 EAS1S/PP
of intrastate pipeline transportation by the State
1
authority;
2
‘‘(B) the State actions under the agreement
3
have failed to meet the requirements under sub-
4
section (b); or
5
‘‘(C) continued participation by the State
6
authority in the oversight of interstate pipeline
7
transportation would not promote pipeline safe-
8
ty.
9
‘‘(3) P
ROCEDURAL
REQUIREMENTS
.—The Sec-
10
retary shall give the notice and an opportunity for a
11
hearing to a State authority before ending an agree-
12
ment under this section. The Secretary may provide
13
a State an opportunity to correct any deficiencies be-
14
fore ending an agreement. The finding and decision
15
to end the agreement shall be published in the Federal
16
Register and may not become effective for at least 15
17
days after the date of publication unless the Secretary
18
finds that continuation of an agreement poses an im-
19
minent hazard.’’.
20
SEC. 769. IMPROVED DATA AND DATA AVAILABILITY.
21
(a) I
N
G
ENERAL
.—Within 12 months after the date
22
of enactment of this Act, the Secretary shall develop and
23
implement a comprehensive plan for the collection and use
24
of gas and hazardous liquid pipeline data to revise the caus-
25
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al categories on the incident report forms to eliminate over-
1
lapping and confusing categories and include subcategories.
2
The plan shall include components to provide the capability
3
to perform sound incident trend analysis and evaluations
4
of pipeline operator performance using normalized accident
5
data.
6
(b) R
EPORT OF
R
ELEASES
E
XCEEDING
5 G
ALLONS
.—
7
Section 60117(b) is amended—
8
(1) by inserting ‘‘(1)’’ before ‘‘To’’;
9
(2) redesignating paragraphs (1) and (2) as sub-
10
paragraphs (A) and (B);
11
(3) inserting before the last sentence the fol-
12
lowing:
13
‘‘(2) A person owning or operating a hazardous liquid
14
pipeline facility shall report to the Secretary each release
15
to the environment greater than 5 gallons of the hazardous
16
liquid or carbon dioxide transported. This section applies
17
to releases from pipeline facilities regulated under this
18
chapter. A report must include the location of the release,
19
fatalities and personal injuries, type of product, amount
20
of product release, cause or causes of the release, extent of
21
damage to property and the environment, and the response
22
undertaken to clean up the release.
23
‘‘(3) During the course of an incident investigation,
24
a person owning or operating a pipeline facility shall make
25
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