Implementation of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is moving forward to implement its new statutory authority to strengthen federal pipeline safety regulations. A notice of proposed rulemaking (NPRM) is the first step to implement the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, which toughened pipeline safety regulations and PHMSA's ability to enforce them.

The Act authorizes PHMSA to increase the maximum civil penalty for pipeline safety violations from $100,000 to $200,000 per violation per day. In addition, the agency will be able to collect a maximum of $2,000,000 for a related series of violations, up from $1,000,000. PHMSA proposes to apply the new maximums in cases that occur after Jan. 3, 2012, the date the Act was signed into law.

Proposed amendments to the Pipeline Safety Regulations also include technical changes and other minor corrections, including returning PHMSA's authority to enforce the provisions of the Oil Pollution Act of 1990, which had been transferred to the Coast Guard during the establishment of the Department of Homeland Security.


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Chemical and Water Security Act of 2009 - H.R. 2868

The House of Representatives recently passed the Chemical and Water Security Act of 2009 (H.R. 2868). The bill increases security requirements at chemical plants and drinking water and wastewater facilities by establishing risk-based security standards for these critical assets. H.R. 2868 reauthorizes the Department of Homeland Security's (DHS) Chemical Facility Anti-Terrorism Standards (CFATS) program, which is scheduled to expire October 2010. It also authorizes the EPA to establish similar security programs for drinking water and wastewater facilities.

The Chemical and Water Security Act of 2009:

• Makes the DHS CFATS program permanent. The legislation strengthens the chemical security program by requiring the review and, in some cases, the implementation of safer technologies, adding enforcement tools, and protecting the right of workers to participate in developing and implementing chemical facility security plans.
• Authorizes EPA to create a risk-based, performance-based program for the water sector similar to the one established by DHS for chemical plants.
• Requires the riskiest chemical facilities, drinking water facilities, and water treatment works to assess and, when appropriate, implement methods to reduce the consequences of a terrorist attack (also known as inherently safer technologies).
• Strengthens the enforcement of the CFATS program by allowing citizens to bring suit against the Secretary of DHS for failure to perform non-discretionary obligations.
  

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Security Vulnerability Assessments - Extension of Deadline

The Department of Homeland Security (DHS) has extended the deadline for submission of the Security Vulnerability Assessment (SVA), or for an Alternative Security Program (ASP) in lieu of an SVA, for "Tier 4" facilities. The deadline has been extended to Jan. 12, 2009.

In 2008 DHS assigned preliminary tier levels to chemical facilities considered a high security risk, ranging from highest risk at Tier 1 to lowest risk at Tier 4. Tier 4 facilities must perform and submit an SVA, but also have the option of submitting an ASP in lieu of an SVA. The deadline for this submittal is for Tier 4 facilities only. If a facility has already submitted its SVA or ASP, it does not need to take any further action at this time.

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Impending Regulation of Ammonium Nitrate Handling by DHS

The Department of Homeland Security (DHS) has published an Advance Notice of Proposed Rulemaking (ANPRM) seeking comments on a recent amendment to the Homeland Security Act entitled "Secure Handling of Ammonium Nitrate". The amendment requires the DHS to ''regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility...to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.''

For further information go to: http://edocket.access.gpo.gov/2008/E8-25821.htm

Written comments must be submitted on or before December 29, 2008

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