Leonel Rondon Pipeline Safety Act

II 116TH CONGRESS 1ST SESSION S. 1097 To amend title 49, United States Code, to improve pipeline safety, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 9, 2019 Mr. MARKEY (for himself, Ms. WARREN, and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to improve pipeline safety, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Leonel Rondon Pipe- 4 line Safety Act’’. 5 SEC. 2. DISTRIBUTION INTEGRITY MANAGEMENT PLANS. 6 (a) IN GENERAL.—Section 60109(e) of title 49, 7 United States Code, is amended by adding at the end the 8 following: 9 ‘‘(7) IN GENERAL.— 10 VerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1097 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1097 IS ‘‘(A) EVALUATION OF RISK.—Not later 1 than 1 year after the date of enactment of this 2 paragraph, the Secretary shall promulgate regu- 3 lations that ensure that each distribution integ- 4 rity management plan developed by an operator 5 of a distribution pipeline includes an evaluation 6 of— 7 ‘‘(i) the risks resulting from the pres- 8 ence of cast iron pipes and mains in the 9 distribution system; and 10 ‘‘(ii) the risks that could lead to or re- 11 sult from the operation of a distribution 12 pipeline above the maximum allowable op- 13 erating pressure (as described in section 14 192.619 of title 49, Code of Federal Regu- 15 lations (or successor regulations)). 16 ‘‘(B) CONSIDERATION.—In the evaluations 17 required in a plan under subparagraph (A), the 18 regulations promulgated by the Secretary shall 19 ensure that the distribution integrity manage- 20 ment plan evaluates future potential threats in 21 a manner that considers factors other than past 22 observed abnormal operating conditions (as de- 23 fined in section 192.803 of title 49, Code of 24 Federal Regulations (or successor regulations)) 25 VerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1097 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1097 IS in ranking risks and identifying measures to 1 mitigate those risks under that subparagraph, 2 so that operators avoid using a risk rating of 3 zero for low probability events unless otherwise 4 supported by engineering analysis. 5 ‘‘(C) DEADLINES.— 6 ‘‘(i) IN GENERAL.—Not later than 7 180 days after the date of enactment of 8 this paragraph, each operator of a dis- 9 tribution pipeline shall submit to the Sec- 10 retary or to the relevant certified State au- 11 thority, if applicable, a copy of— 12 ‘‘(I) the distribution integrity 13 management plan of the operator; 14 ‘‘(II) the emergency response 15 plan under section 192.615 of title 49, 16 Code of Federal Regulations (or suc- 17 cessor regulations); and 18 ‘‘(III) the procedural manual for 19 operations, maintenance, and emer- 20 gencies under section 192.605 of title 21 49, Code of Federal Regulations (or 22 successor regulations). 23 ‘‘(ii) UPDATES.—Each operator of a 24 distribution pipeline shall submit to the 25 VerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1097 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1097 IS Secretary an updated plan or manual de- 1 scribed in clause (i) by not later than 60 2 days after the date of the update.’’. 3 (b) MONITORING.—Section 60105(e) of title 49, 4 United States Code, is amended— 5 (1) in the second sentence, by striking ‘‘A 6 State’’ and inserting the following: 7 ‘‘(2) COOPERATION.—A State’’; 8 (2) by striking ‘‘The Secretary’’ and inserting 9 the following: 10 ‘‘(1) IN GENERAL.—The Secretary’’; and 11 (3) by adding at the end the following: 12 ‘‘(3) AUDIT PROGRAM.—Not later than 1 year 13 after the date of enactment of this paragraph, the 14 Secretary shall promulgate regulations to update the 15 annual State Program Evaluations to— 16 ‘‘(A) ensure that a State authority has the 17 capability to sufficiently review and evaluate the 18 adequacy of the plans and manuals described in 19 section 60109(e)(7)(C)(i); and 20 ‘‘(B) require that a State authority has a 21 sufficient number of inspectors to ensure safe 22 operations, as determined by a formula that 23 takes into account factors including but not 24 limited to— 25 VerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1097 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1097 IS ‘‘(i) the number of miles of cast iron 1 pipe in the State; 2 ‘‘(ii) the number of customers in the 3 State; 4 ‘‘(iii) population density in areas with 5 gas distribution pipeline; 6 ‘‘(iv) the age of the gas distribution 7 system in the State; and 8 ‘‘(v) environmental factors, including 9 relevant geological issues.’’. 10 SEC. 3. EMERGENCY RESPONSE PLANS. 11 Section 60102 of title 49, United States Code, is 12 amended by adding at the end the following: 13 ‘‘(q) EMERGENCY RESPONSE PLANS.—Not later 14 than 1 year after the date of the enactment of this sub- 15 section, the Secretary shall promulgate regulations to en- 16 sure that each emergency response plan under section 17 192.615 of title 49, Code of Federal Regulations (or suc- 18 cessor regulations), developed by an operator of a distribu- 19 tion pipeline includes written procedures for— 20 ‘‘(1) establishing communication with fire, po- 21 lice, and other relevant public officials as soon as 22 practicable, but not later than 30 minutes, after a 23 gas pipeline emergency that— 24 VerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1097 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1097 IS ‘‘(A) includes fires, explosions, or one or 1 more fatalities; or 2 ‘‘(B) results in the shutdown of gas service 3 to more than 100 customers; 4 ‘‘(2) establishing public communication as soon 5 as practicable and in consultation with fire, police, 6 and other public officials after a gas pipeline emer- 7 gency that— 8 ‘‘(A) includes fires, explosions, or one or 9 more fatalities; or 10 ‘‘(B) results in the shutdown of gas service 11 to more than 100 customers; and 12 ‘‘(3) the development and implementation of a 13 voluntary, opt-in system that would allow operators 14 of distribution pipelines to rapidly communicate with 15 customers in the event of an emergency.’’. 16 SEC. 4. OPERATIONS AND MAINTENANCE MANUALS. 17 Section 60102 of title 49, United States Code (as 18 amended by section 3), is amended by adding at the end 19 the following: 20 ‘‘(r) OPERATIONS AND MAINTENANCE MANUALS.— 21 Not later than 1 year after the date of enactment of this 22 subsection, the Secretary shall promulgate regulations to 23 ensure that each procedural manual for operations, main- 24 tenance, and emergencies under section 192.605 of title 25 VerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1097 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1097 IS 49, Code of Federal Regulations (or successor regula- 1 tions), developed by an operator of a distribution pipeline 2 includes written procedures for— 3 ‘‘(1) responding to overpressurization alarms, 4 including a clear timeline and order of operations for 5 shutting down portions of the gas distribution sys- 6 tem, if necessary; and 7 ‘‘(2) a detailed procedure for a management of 8 change process, which shall be applied to all changes 9 to the distribution system, and which shall ensure 10 that relevant employees of an operator of a distribu- 11 tion pipeline, as determined through the regulations, 12 review construction documents for accuracy, com- 13 pleteness, and correctness.’’. 14 SEC. 5. PIPELINE SAFETY MANAGEMENT SYSTEMS. 15 Section 60102 of title 49, United States Code (as 16 amended by section 4), is amended by adding at the end 17 the following: 18 ‘‘(s) PIPELINE SAFETY MANAGEMENT SYSTEMS.— 19 ‘‘(1) IN GENERAL.—Not later than 1 year after 20 the date of enactment of this subsection, the Sec- 21 retary shall promulgate regulations directing each 22 operator of a distribution pipeline to develop and im- 23 plement a pipeline safety management systems 24 framework in accordance with Recommended Prac- 25 VerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1097 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1097 IS tice 1173 of the American Petroleum Institute (API 1 RP 1173). 2 ‘‘(2) UPDATES.—The Secretary may periodi- 3 cally revise such regulations to adopt new best in- 4 dustry practices for promoting safety management 5 systems, as appropriate. 6 ‘‘(3) SUBMISSION.—Each operator of a dis- 7 tribution pipeline shall submit to the Secretary or 8 the relevant State authority, as certified under sec- 9 tion 60105 of title 49, United States Code— 10 ‘‘(A) a copy of the pipeline safety manage- 11 ment systems framework developed under para- 12 graph (1) by not later than 2 years after the 13 date of enactment of this subsection; and 14 ‘‘(B) any updates to the framework de- 15 scribed in subparagraph (A) by not later than 16 3 years after the date of enactment of this sub- 17 section after the update. 18 ‘‘(4) EVALUATION AND CERTIFICATION.— 19 Under a timeline established by the Secretary 20 through regulation, the Secretary or the relevant 21 State authority, as certified under section 60105 of 22 title 49, United States Code, shall— 23 ‘‘(A) evaluate pipeline safety management 24 systems frameworks developed under paragraph 25 VerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1097 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1097 IS (1), including by using independent third-party 1 evaluators if necessary; and 2 ‘‘(B) certify that— 3 ‘‘(i) those frameworks are effective 4 and complete; and 5 ‘‘(ii) operators of distribution pipe- 6 lines are in compliance with those frame- 7 works.’’. 8 SEC. 6. PIPELINE SAFETY PRACTICES. 9 Section 60102 of title 49, United States Code (as 10 amended by section 5), is amended by adding at the end 11 the following: 12 ‘‘(t) OTHER PIPELINE SAFETY PRACTICES.— 13 ‘‘(1) RECORDS.—Not later than 180 days after 14 the date of enactment of this subsection, the Sec- 15 retary shall promulgate regulations to require an op- 16 erator of a distribution pipeline— 17 ‘‘(A) to develop and maintain traceable, re- 18 liable, complete, and up-to-date records of the 19 gas distribution system in each region of oper- 20 ation that depict high-, medium-, and low-gas 21 pressure systems, including maps and other 22 drawings; and 23 ‘‘(B) to ensure that the records described 24 in subparagraph (A) are accessible to all em- 25 VerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1097 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1097 IS ployees of the operator and provided to the Sec- 1 retary or the relevant State authority. 2 ‘‘(2) APPROVAL OF CERTAIN ACTIVITIES.— 3 ‘‘(A) IN GENERAL.—Not later than 1 year 4 after the date of enactment of this subsection, 5 the Secretary shall promulgate regulations to 6 require that, before carrying out any covered 7 task (as defined in section 192.801(b) of title 8 49, Code of Federal Regulations (or successor 9 regulations)), the covered task is approved by a 10 professional engineer licensed to practice in the 11 State in which it is to be carried out. 12 ‘‘(B) INCLUSION.—In promulgating regula- 13 tions under subparagraph (A), the Secretary 14 shall ensure that professional engineers are pro- 15 vided access to all relevant records and prior 16 work plans needed to certify the safety of the 17 covered task. 18 ‘‘(C) APPLICATION.—The following provi- 19 sions shall not apply to a standard promulgated 20 under subparagraph (A): 21 ‘‘(i) Subsections (c) and (d) of section 22 60118. 23 ‘‘(ii) Section 60131(e)(5). 24 ‘‘(3) PRESENCE OF QUALIFIED EMPLOYEES.— 25 VerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1097 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1097 IS ‘‘(A) IN GENERAL.—Not later than 180 1 days after the date of enactment of this sub- 2 section, the Secretary shall promulgate regula- 3 tions to require that not less than 1 employee 4 of an operator of a distribution pipeline who is 5 qualified to perform relevant covered tasks (as 6 defined in section 192.801(b) of title 49, Code 7 of Federal Regulations (or successor regula- 8 tions)), shall monitor gas pressure and have the 9 capability to shut down the flow of gas at a dis- 10 trict regulator station during any construction 11 project that has the potential to cause a haz- 12 ardous over-pressurization at that station, in- 13 cluding tie-ins and abandonment of distribution 14 lines and mains, based on an evaluation of 15 threats that could result in unsafe operation 16 conducted by the operator. 17 ‘‘(B) EXCLUSION.—In promulgating regu- 18 lations under subparagraph (A), the Secretary 19 shall ensure that those regulations do not apply 20 to a district regulating station that has a moni- 21 toring system and the capability for remote or 22 automatic shutoff. 23 ‘‘(4) DISTRICT REGULATOR STATIONS.— 24 VerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1097 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1097 IS ‘‘(A) IN GENERAL.—Not later than 1 year 1 after the date of enactment of this subsection, 2 the Secretary shall promulgate regulations to 3 require that each operator of a distribution 4 pipeline assesses and upgrades, as appropriate, 5 each district regulator station of the operator to 6 ensure that— 7 ‘‘(i) there is no possibility for a com- 8 mon mode of failure in the regulator tech- 9 nology of the station that could lead to an 10 operating pressure that is greater than the 11 maximum allowable operating pressure (as 12 described in section 192.619 of title 49, 13 Code of Federal Regulations (or successor 14 regulations)); 15 ‘‘(ii) the station has monitoring tech- 16 nology that provides constant awareness of 17 gas pressure at the station; and 18 ‘‘(iii) the station has additional pres- 19 sure-relieving safety technology, such as a 20 relief valve or automatic shutoff valve, as 21 appropriate for the configuration and 22 siting of the station. 23 ‘‘(5) MINIMUM STAFFING REQUIREMENTS.— 24 VerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1 [Text truncated for display. 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