Sec. 608. Relationship to Existing Law (a) Except as otherwise expressly provided in this Act, nothing in this Act shall be construed to amend, modify, or repeal any provision of the Coastal Zone Management Act of 1972, the National Environmental Policy Act of 1969, the Mining and Mineral Policy Act of 1970, or any other Act. 43 USC 1866. 16 USC 1451 note. 42 USC 4321 note. note. (b) Nothing in this Act or any amendment made by this Act to the Outer Continental Shelf 30 USC 21a Lands Act (43 U.S.C. 1331 et seq.) or any other Act shall be construed to affect or modify the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.) which provide for transferring and vesting of functions to and in the Secretary of Energy or any component of the Department of Energy. Jan. 25, 26, 31, Feb. 1, 2, H.R. 1614 considered and passed House; proceedings vacated and S.9 amended, passed in lieu. Aug. 17, House agreed to conference report. Aug. 22, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Sept. 18, Presidential statement. FF. Pipeline Safety Act of 1979, Public Law 96-129, 93 Stat. 989, November 30, 1979 (49 USC 2001-2014). Title I, Natural Gas, including Subtitle A, General Provisions, and Subtitle B, LNG An Act To amend the Natural Gas Pipeline Safety Act of 1968 to provide for the safe operation of pipelines transporting natural gas and liquefied petroleum gas, to provide standards with respect to the siting, construction, and operation of liquefied natural gas facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Pipeline Safety Congress assembled, Act of 1979. SHORT TITLE; TABLE OF CONTENTS Section 1. (a) This Act may be cited as the "Pipeline Safety Act of 1979". (b) The table of contents for this Act is as follows: TABLE OF CONTENTS Sec. 1. Short title; table of contents. Sec. 2. References to Natural Gas Pipeline Safety Act of 1968. TITLE I-NATURAL GAS Subtitle A-General Provisions Sec. 101. Pipeline participation in certain utility safety programs. Sec. 102. Technical Pipeline Standards Committee. Sec. 103. Reporting and monitoring requirements under State safety programs. Sec. 105. Simplification of filing requirements. Sec. 106. Administration. Sec. 107. Annual report regarding State pipeline safety inspectors. Sec. 108. Appropriations authorization. Sec. 109. Technical, clerical, and conforming amendments. Sec. 110. Cost-benefit analysis of increased pipeline safety regulation. Sec. 111. Report on implementation efforts regarding distribution of gas in connection with the rental or lease of real property. Sec. 152. Siting and safety standards. Sec. 153. Financial responsibility. Sec. 154. Enforcement of standards and financial responsibility requirements. Sec. 156. Effective date. TITLE II-LIQUID PIPELINE SAFETY Sec. 201. Short title. Sec. 202. Definitions. Sec. 203. Regulations governing hazardous liquid pipeline facilities. Sec. 204. Technical Hazardous Liquid Pipeline Safety Standards Committee. Sec. 205. State certifications and agreements. Sec. 206. Judicial review. 49 USC 1671 note. Hazardous Liquid Pipeline of 1979. 49 USC 2001 note. 49 USC 2001. Federal safety standards, establishment. 49 USC 2002. References to Natural Gas Pipeline Safety Act of 1968 Sec. 2. Except as otherwise expressly provided, whenever in this Act any reference, amendment, or repeal is expressed in terms of a reference or amendment to, or repeal of, a section or other provision, it shall be considered to be made to a section or other provision of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1671 and following). TITLE I-NATURAL GAS (This Title is omitted) (See Natural Gas Pipeline Safety Act of 1968, as amended, elsewhere in this Compilation) TITLE II—LIQUID PIPELINE SAFETY Short Title Sec. 201. This title may be cited as the "Hazardous Liquid Pipeline Safety Act of 1979". Sec. 202. As used in this title Definitions (1) "person" means any individual, firm, joint venture, partnership, corporation, association, State, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof; (2) "hazardous liquid" means— (A) petroleum or any petroleum product, and (B) any substance or material which is in liquid state (excluding liquefied natural gas) when transported by pipeline facilities and which, as determined by the Secretary, may pose an unreasonable risk to life or property when transported by pipeline facilities; (3) "transportation of hazardous liquids" means the movement of hazardous liquids by pipeline, or their storage incidental to such movement, in or affecting interstate or foreign commerce; except that it shall not include any such movement through gathering lines in rural locations or onshore production, refining, or manufacturing facilities or storage or in-plant piping systems associated with any of such facilities; (4) "pipeline facilities" includes, without limitation, new and existing pipe, rights-of-way, and any equipment, facility, or building used or intended for use in the transportation of hazardous liquids but "rights-of-way" as used in this title does not authorize the Secretary to prescribe the location or the routing of any pipeline facility; (5) "interstate pipeline facility" means the pipeline facilities used in the transportation of hazardous liquids in interstate or foreign commerce; (6) "intrastate pipeline facilities" means pipeline facilities which are not interstate pipeline facilities; (7) "interstate or foreign commerce" means commerce between any point in a State and any point outside thereof, or between points within the same State but through any place outside thereof; (8) "State" includes each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico; (9) "municipality" means a city, county, or other political subdivision of a State; (10) "national organization of State commissions" means the national organization of the State commissions referred to in subchapter III of chapter 103 of title 49, United States Code; and (11) "Secretary" means the Secretary of Transportation. Sec. 203. Regulations Governing Hazardous-Liquid Pipeline Facilities (a) The Secretary shall, by regulation, establish minimum Federal safety standards for the transportation of hazardous liquids and pipeline facilities. The standards shall apply to each person who engages in the transportation of hazardous liquids or who owns or operates pipeline facilities. The standards shall be practicable and designed to meet the need for safe transportation of hazardous liquids. (b) In prescribing standards under this section, the Secretary shall consider (1) relevant available pipeline data; (2) whether the standards are appropriate for the particular type of pipeline transportation or facility; (3) the reasonableness of any proposed standards; and (4) the extent to which the standards will contribute to public safety. (c) Standards under this section may apply to the design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities. Any standard issued under this section affecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to pipeline facilities in existence on the date such standard is adopted. (d) Any State agency may adopt additional or more stringent safety standards for intrastate pipeline facilities and the transportation of hazardous liquids associated with such facilities, if such standards are compatible with the Federal standards issued under this title. No State agency may adopt or continue in force any safety standards applicable to interstate pipeline facilities or the transportation of hazardous liquids associated with such facilities. (e) The Secretary may provide that the Federal minimium safety standards established under this section include a requirement that any operator of pipeline facilities(1) participate in any public safety program (A) which provides for notice to pipeline facility operators of proposed demolition, excavation, tunneling, or construction near or affecting such facility; (B) which requires such operators to identify specific pipeline facilities which may be affected by the proposed demolition, excavation, tunneling, or construction, for the purpose of preventing damage to such facilities; and (C) which the Secretary determines is being carried out in a manner adequate to assure protection against the hazards to that operator's pipeline facilities created by such demolition, excavation, tunneling, or construction; or (2) establish and carry out a damage prevention program which provides services to the public with respect to that operator's pipeline facilities which are comparable to those which would be available to the public under a program described in paragraph (1). (f) Any standards prescribed under this section, and amendments thereto, shall become effective thirty days after the date of issuance of such standards unless the Secretary, for good cause recited, determines an earlier or later effective date is required as a result of the period reasonably necessary for compliance and such date is specified in the regulation establishing or amending such standard. Effective date. et seq. (g) The provisions of subchapter II of chapter 5 of title 5 of the United States Code shall apply 5 USC 551 to all actions establishing, amending, revoking, or directing or waiving compliance with, any standard established under this Act. The Secretary shall afford interested persons an opportunity to participate fully in the establishment of such safety standards through submission of written data, views, or arguments with opportunity to present oral testimony and argument. (h) Upon application by any person engaged in the transportation of hazardous liquids or the operation of pipeline facilities, the Secretary may, by order, after notice and opportunity for hearing and under such terms and conditions and to such extent as he deems appropriate, waive in whole or in part compliance with any standard established under this title, if he determines that a waiver of compliance with such standard is not inconsistent with pipeline safety. The Secretary shall state his reasons for any such waiver. A State agency, with respect to which there is in effect a certification pursuant to section 205(a) or an agreement pursuant to section 205(b), may waive compliance with a safety standard in the same manner and to the same extent as the Secretary, provided such State agency gives the Secretary written notice at least sixty days prior to the effective date of the waiver. If, before the effective date of a waiver to be granted by a State agency, the Secretary objects in writing to the granting of the waiver, any State agency action granting the waiver will be stayed. After notifying such State agency of his objection, the Secretary shall afford such agency a prompt opportunity to present its request for waiver, with opportunity for hearing, and the Secretary shall determine finally whether the requested waiver may be granted. Sec. 204. Technical Hazardous-Liquid Pipeline Safety Standards Committee Waiver. Establishment. (a) Not later than 12 months after the date of the enactment of this Act, the Secretary shall 49 USC 2003. establish a Technical Hazardous-Liquid Pipeline Safety Standards Committee and appoint the |