§60109. High-density population areas and environmentally sensitive areas

(a) Identification Requirements.-Not later than October 24, 1994, the Secretary of Transportation shall prescribe standards that-

(1) establish criteria for identifying-

(A) by operators of gas pipeline facilities, each gas pipeline facility (except a natural gas distribution line) located in a high-density population area; and

(B) by operators of hazardous liquid pipeline facilities and gathering lines-

(i) each hazardous liquid pipeline facility, whether otherwise subject to this chapter, that crosses waters where a substantial likelihood of commercial navigation exists or that is located in an area described in the criteria as a high-density population area; and

(ii) each hazardous liquid pipeline facility and gathering line, whether otherwise subject to this chapter, located in an area that the Secretary, in consultation with the Administrator of the Environmental Protection Agency, describes as unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident; and

(2) provide that the identification be carried out through the inventory required under section 60102(e) of this title.

(b) Areas To Be Included as Unusually Sensitive.-When describing areas that are unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident, the Secretary shall consider areas where a pipeline rupture would likely cause permanent or long-term environmental damage, including-

(1) locations near pipeline rights-of-way that are critical to drinking water, including intake locations for community water systems and critical sole source aquifer protection areas; and

(2) locations near pipeline rights-of-way that have been identified as critical wetlands, riverine or estuarine systems, national parks, wilderness areas, wildlife preservation areas or refuges, wild and scenic rivers, or critical habitat areas for threatened and endangered species.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1315 ; Pub. L. 103–429, §6(75), Oct. 31, 1994, 108 Stat. 4388 ; Pub. L. 104–304, §§7, 20(i), Oct. 12, 1996, 110 Stat. 3800 , 3805.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
60109(a) (1)(A)	49 App.:1672(i)(1) (1st sentence), (2).	Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720 , §3(i); added Oct. 24, 1992, Pub. L. 102–508, §102(a)(2), 106 Stat. 3291 .
60109(a) (1)(B)	49 App.:2002(m)(1) (1st sentence).	Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989 , §203(m); added Oct. 24, 1992, Pub. L. 102–508, §202(a)(2), 106 Stat. 3300 .
60109(a)(2)	49 App.:1672(i)(1) (last sentence).
	49 App.:2002(m)(1) (2d sentence).
60109(b)	49 App.:2002(m)(1) (last sentence).

In subsection (a)(1)(B)(i) and (ii), the words "regulation under" and "or not" are omitted as surplus.

Pub. L. 103–429

This amends 49:60109(a)(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1315).

Amendments

1996-Subsec. (a). Pub. L. 104–304, §20(i), substituted "standards" for "regulations" in introductory provisions.

Subsec. (a)(1)(B)(i). Pub. L. 104–304, §7(a), substituted "waters where a substantial likelihood of commercial navigation exists" for "a navigable waterway (as the Secretary defines by regulation)".

Subsec. (b). Pub. L. 104–304, §7(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "When describing an area that is unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident, the Secretary shall consider including-

"(1) earthquake zones and areas subject to landslides and other substantial ground movements;

"(2) areas of likely ground water contamination if a hazardous liquid pipeline facility ruptures;

"(3) freshwater lakes, rivers, and waterways; and

"(4) river deltas and other areas subject to soil erosion or subsidence from flooding or other water action where a hazardous liquid pipeline facility is likely to become exposed or undermined."

1994-Subsec. (a)(2). Pub. L. 103–429 substituted "section 60102(e)" for "section 60102(c)".

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Section Referred to in Other Sections

This section is referred to in section 60102 of this title.