Page:United States Statutes at Large Volume 108 Part 2.djvu/601

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1317 Secretary prescribes under this section. All excess flow valves shall be installed according to the standards. §60111. Financial responsibility for liqueHed natural gas facilities (a) NOTICE,—When the Secretary of Transportation believes that an operator of a liquefied natural gas facility does not have adequate financial responsibility for the facility, the Secretary may issue a notice to the operator about the inadequacy and the amount of financial responsibility the Secretary considers adequate. (b) HEARINGS. —An operator receiving a notice under subsection (a) of this section may have a hearing on the record not later than 30 days after receiving the notice. The operator may show why the Secretary should not issue an order requiring the operator to demonstrate and maintain financial responsibility in at least the amount the Secretary considers adequate. (c) ORDERS.—After an opportunity for a hearing on the record, the Secretary may issue the order if the Secretary decides it is justified in the public interest. §60112. Pipeline facilities hazardous to life and property (a) GENERAL AUTHORITY.— After notice and an opportunity for a hearing, the Secretary of Transportation may decide a pipeline facility is hazardous if the Secretary decides the facility is— (1) hazardous to life, property, or the environment; or (2) constructed or operated, or a component of the facility is constructed or operated, with equipment, material, or a technique the Secretary decides is hazardous to life, property, or the environment. (b) CONSIDERATIONS. —In making a decision under subsection (a) of this section, the Secretary shall consider, if relevant— (1) the characteristics of the pipe and other equipment used in the pipeline facility, including the age, manufacture, physical properties, and method of manufacturing, constructing, or assembling the equipment; (2) the nature of the material the pipeline facility transports, the corrosive i=ind deteriorative qualities of the material, the sequence in which the material are transported, and the pressure required for trsinsporting the material; (3) the aspects of the area in which the pipeline facility is located, including climatic and geologic conditions and soil characteristics; (4) the proximity of the area in which the hazardous liquid pipeline facility is located to environmentally sensitive areas; (5) the population density and population and growth patterns of the area in which the pipeline facility is located; (6) any recommendation of the National Transportation Safety Board made under another law; and (7) other factors the Secretary considers appropriate. (c) OPPORTUNITY FOR STATE COMMENT.—The Secretary shall provide, to any appropriate official of a State in which a pipeline facility is located and about which a proceeding has begun under this section, notice and an opportunity to comment on an agreement the Secretary proposes to msike to resolve the proceeding. State comment shall incorporate comments of affected local officials. (d) CORRECTIVE ACTION ORDERS.—I f the Secretary decides under subsection (a) of this section that a pipeline facility is hazard-

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