Sec. 201 Short title
This title may be cited as the “Leonel Rondon Pipeline Safety Act”.
Title II — Leonel Rondon Pipeline Safety Act
II Leonel Rondon Pipeline Safety Act
Sec. 202 Distribution integrity management plans
In general— Section 60109(e) of title 49, United States Code, is amended by adding at the end the following:
“(7) Distribution integrity management plans
“(A) Evaluation of risk—Not later than 2 years after the date of enactment of this paragraph, the Secretary shall promulgate regulations to ensure that each distribution integrity management plan developed by an operator of a distribution system includes an evaluation of—
“(i) the risks resulting from the presence of cast iron pipes and mains in the distribution system; and
“(ii) the risks that could lead to or result from the operation of a low-pressure distribution system at a pressure that makes the operation of any connected and properly adjusted low-pressure gas burning equipment unsafe (as described in section 192.623 of title 49, Code of Federal Regulations (or a successor regulation)).
“(B) Consideration—In the evaluations required in a plan under subparagraph (A), the regulations promulgated by the Secretary shall ensure that the distribution integrity management plan evaluates for future potential threats in a manner that considers factors other than past observed abnormal operations (within the meaning of section 192.605 of title 49, Code of Federal Regulations (or a successor regulation)), in ranking risks and identifying measures to mitigate those risks under that subparagraph, so that operators avoid using a risk rating of zero for low probability events unless otherwise supported by engineering analysis or operational knowledge.
“(C) Deadlines
“(i) In general—Not later than 2 years after the date of enactment of this paragraph, each operator of a distribution system shall make available to the Secretary or the relevant State authority with a certification in effect under section 60105, as applicable, a copy of—
“(I) the distribution integrity management plan of the operator;
“(II) the emergency response plan under section 192.615 of title 49, Code of Federal Regulations (or a successor regulation); and
“(III) the procedural manual for operations, maintenance, and emergencies under section 192.605 of title 49, Code of Federal Regulations (or a successor regulation).
“(ii) Updates—Each operator of a distribution system shall make available to the Secretary or make available for inspection to the relevant State authority with a certification in effect under section 60105, if applicable, an updated plan or manual described in clause (i) by not later than 60 days after the date of a significant update, as determined by the Secretary.
“(iii) Applicability of FOIA—Nothing in this subsection shall be construed to authorize the disclosure of any information that is exempt from disclosure under section 552(b) of title 5, United States Code.
“(D) Review of plans and documents
“(i) Timing
“(I) In general—Not later than 2 years after the date of promulgation of the regulations under subparagraph (A), and not less frequently than once every 5 years thereafter, the Secretary or relevant State authority with a certification in effect under section 60105 shall review the distribution integrity management plan, the emergency response plan, and the procedural manual for operations, maintenance, and emergencies of each operator of a distribution system and record the results of that review for use in the next review of the program of that operator.
“(II) Grace period—For the third, fourth, and fifth years after the date of promulgation of the regulations under subparagraph (A), the Secretary—
“(aa) shall not use subclause (I) as justification to reduce funding, decertify, or penalize in any way under section 60105, 60106, or 60107 a State authority that has in effect a certification under section 60105 or an agreement under section 60106; and
“(bb) shall—
“(AA) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a list of States found to be noncompliant with subclause (I) during the annual program evaluation; and
“(BB) provide a written notice to each State authority described in item (aa) that is not in compliance with the requirements of subclause (I).
“(ii) Review—Each plan or procedural manual made available under subparagraph (C)(i) shall be reexamined—
“(I) on significant change to the plans or procedural manual, as applicable;
“(II) on significant change to the gas distribution system of the operator, as applicable; and
“(III) not less frequently than once every 5 years.
“(iii) Context of review—The Secretary may conduct a review under clause (i) or (ii) as an element of the inspection of the operator carried out by the Secretary.
“(iv) Inadequate programs—If the Secretary determines that the documents reviewed under clause (i) or (ii) do not comply with the requirements of this chapter (including regulations to implement this chapter), have not been adequately implemented, or are inadequate for the safe operation of a pipeline facility, the Secretary may conduct proceedings under this chapter.”
Monitoring— Section 60105(e) of title 49, United States Code, is amended—
in the second sentence, by striking “A State authority” and inserting the following:
“(2) Cooperation—A State authority with a certification in effect under this section”
by striking “The Secretary” and inserting the following:
“(1) In general—The Secretary”
by adding at the end the following:
“(3) Audit program—Not later than 2 years after the date of enactment of this paragraph, the Secretary shall—
“(A) revise the State audit protocols and procedures to update the annual State Program Evaluations carried out under this subsection and section 60106(d) to ensure that a State authority with a certification in effect under this section has the capability to sufficiently review and evaluate the adequacy of the plans and manuals described in section 60109(e)(7)(C)(i);
“(B) update the State Inspection Calculation Tool to take into account factors including—
“(i) the number of miles of natural gas and hazardous liquid pipelines in the State, including the number of miles of cast iron and bare steel pipelines;
“(ii) the number of services in the State;
“(iii) the age of the gas distribution system in the State; and
“(iv) environmental factors that could impact the integrity of the pipeline, including relevant geological issues; and
“(C) promulgate regulations to require that a State authority with a certification in effect under this section has a sufficient number of qualified inspectors to ensure safe operations, as determined by the State Inspection Calculation Tool and other factors determined to be appropriate by the Secretary.”
Sec. 203 Emergency response plans
Section 60102 of title 49, United States Code (as amended by section 114), is amended by adding at the end the following:
“(r) Emergency response plans—Not later than 2 years after the date of enactment of this subsection, the Secretary shall update regulations to ensure that each emergency response plan developed by an operator of a distribution system under section 192.615 of title 49, Code of Federal Regulations (or a successor regulation), includes written procedures for—
“(1) establishing communication with first responders and other relevant public officials, as soon as practicable, beginning from the time of confirmed discovery, as determined by the Secretary, by the operator of a gas pipeline emergency involving a release of gas from a distribution system of that operator that results in—
“(A) a fire related to an unintended release of gas;
“(B) an explosion;
“(C) 1 or more fatalities; or
“(D) the unscheduled release of gas and shutdown of gas service to a significant number of customers, as determined by the Secretary;
“(2) establishing general public communication through an appropriate channel—
“(A) as soon as practicable, as determined by the Secretary, after a gas pipeline emergency involving a release of gas that results in—
“(i) a fire related to an unintended release of gas;
“(ii) an explosion;
“(iii) 1 or more fatalities; or
“(iv) the unscheduled shutdown of gas service to a significant number of customers, as determined by the Secretary; and
“(B) that provides information regarding—
“(i) the emergency described in subparagraph (A); and
“(ii) the status of public safety; and
“(3) the development and implementation of a voluntary, opt-in system that would allow operators of distribution systems to rapidly communicate with customers in the event of an emergency.”
Sec. 204 Operations and maintenance manuals
Section 60102 of title 49, United States Code (as amended by section 203), is amended by adding at the end the following:
“(s) Operations and maintenance manuals—Not later than 2 years after the date of enactment of this subsection, the Secretary shall update regulations to ensure that each procedural manual for operations, maintenance, and emergencies developed by an operator of a distribution pipeline under section 192.605 of title 49, Code of Federal Regulations (or a successor regulation), includes written procedures for—
“(1) responding to overpressurization indications, including specific actions and an order of operations for immediately reducing pressure in or shutting down portions of the gas distribution system, if necessary; and
“(2) a detailed procedure for the management of the change process, which shall—
“(A) be applied to significant technology, equipment, procedural, and organizational changes to the distribution system; and
“(B) ensure that relevant qualified personnel, such as an engineer with a professional engineer licensure, subject matter expert, or other employee who possesses the necessary knowledge, experience, and skills regarding natural gas distribution systems, review and certify construction plans for accuracy, completeness, and correctness.”
Sec. 205 Pipeline safety management systems
In general— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report describing—
the number of operators of natural gas distribution systems who have implemented a pipeline safety management system in accordance with the standard established by the American Petroleum Institute entitled “Pipeline Safety Management System Requirements” and numbered American Petroleum Institute Recommended Practice 1173;
the progress made by operators of natural gas distribution systems who have implemented, or are in the process of implementing, a pipeline safety management system described in paragraph (1); and
the feasibility of an operator of a natural gas distribution system implementing a pipeline safety management system described in paragraph (1) based on the size of the operator as measured by—
the number of customers the operator has; and
the amount of natural gas the operator transports.
Requirements— As part of the report required under subsection (a), the Secretary shall provide guidance or recommendations that would further the adoption of safety management systems in accordance with the standard established by the American Petroleum Institute entitled “Pipeline Safety Management System Requirements” and numbered American Petroleum Institute Recommended Practice 1173.
Evaluation and promotion of safety management systems— The Secretary and the relevant State authority with a certification in effect under section 60105 of title 49, United States Code, as applicable, shall—
promote and assess pipeline safety management systems frameworks developed by operators of natural gas distribution systems and described in the report under subsection (a), including—
if necessary, using independent third-party evaluators; and
through a system that promotes self-disclosure of—
errors; and
deviations from regulatory standards; and
if a deviation from a regulatory standard is identified during the development and application of a pipeline safety management system, certify that—
due consideration will be given to factors such as flawed procedures, honest mistakes, or lack of understanding; and
the operators and regulators use the most appropriate tools to fix the deviation, return to compliance, and prevent the recurrence of the deviation, including—
root cause analysis; and
training, education, or other appropriate improvements to procedures or training programs.
Sec. 206 Pipeline safety practices
Section 60102 of title 49, United States Code (as amended by section 204), is amended by adding at the end the following:
“(t) Other pipeline safety practices
“(1) Records—Not later than 2 years after the date of enactment of this subsection, the Secretary shall promulgate regulations to require an operator of a distribution system—
“(A) to identify and manage traceable, reliable, and complete records, including maps and other drawings, critical to ensuring proper pressure controls for a gas distribution system, and updating these records as needed, while collecting and identifying other records necessary for risk analysis on an opportunistic basis; and
“(B) to ensure that the records required under subparagraph (A) are—
“(i) accessible to all personnel responsible for performing or overseeing relevant construction or engineering work; and
“(ii) submitted to, or made available for inspection by, the Secretary or the relevant State authority with a certification in effect under section 60105.
“(2) Presence of qualified employees
“(A) In general—Not later than 180 days after the date of enactment of this subsection, the Secretary shall promulgate regulations to require that not less than 1 agent of an operator of a distribution system who is qualified to perform relevant covered tasks (as defined in section 192.801(b) of title 49, Code of Federal Regulations (or a successor regulation)) shall monitor gas pressure at the district regulator station or at an alternative site with equipment capable of ensuring proper pressure controls and have the capability to promptly shut down the flow of gas or control over pressurization at a district regulator station during any construction project that has the potential to cause a hazardous overpressurization at that station, including tie-ins and abandonment of distribution lines and mains, based on an evaluation, conducted by the operator, of threats that could result in unsafe operation.
“(B) Exclusion—In promulgating regulations under subparagraph (A), the Secretary shall ensure that those regulations do not apply to a district regulating station that has a monitoring system and the capability for remote or automatic shutoff.
“(3) District regulator stations
“(A) In general—Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate regulations to require that each operator of a distribution system assesses and upgrades, as appropriate, each district regulator station of the operator to ensure that—
“(i) the risk of the gas pressure in the distribution system exceeding, by a common mode of failure, the maximum allowable operating pressure (as described in section 192.623 of title 49, Code of Federal Regulations (or a successor regulation)) allowed under Federal law (including regulations) is minimized;
“(ii) the gas pressure of a low-pressure distribution system is monitored, particularly at or near the location of critical pressure-control equipment;
“(iii) the regulator station has secondary or backup pressure-relieving or overpressure-protection safety technology, such as a relief valve or automatic shutoff valve, or other pressure-limiting devices appropriate for the configuration and siting of the station and, in the case of a regulator station that employs the primary and monitor regulator design, the operator shall eliminate the common mode of failure or provide backup protection capable of either shutting the flow of gas, relieving gas to the atmosphere to fully protect the distribution system from overpressurization events, or there must be technology in place to eliminate a common mode of failure; and
“(iv) if the Secretary determines that it is not operationally possible for an operator to implement the requirements under clause (iii), the Secretary shall require such operator to identify actions in their plan that minimize the risk of an overpressurization event.”