Page:United States Statutes at Large Volume 93.djvu/1031

 PUBLIC LAW 96-129—NOV. 30, 1979

93 STAT. 999

"(A) the Department of Energy or any predecessor organization of the Department, or "(B) the appropriate State or local agency, in the case of any facility not subject to the jurisdiction of the Department of Energy under the Natural Gas Act, except that such term does not include any facility the construction of which commences on or after the date of the enactment of this paragraph and such construction is not pursuant to such an approval; "(15) 'New LNG facility' means any LNG facility other than an existing LNG facility; "(16) 'LNG accident' means any release, burning, or explosion of LNG resulting from— "(A) a rupture or other failure of a storage tank, pipeline, or other LNG facility; "(B) natural hazards (including earthquakes, hurricanes, and high winds); "(C) sabotage; or "(D) any other cause; other than any such release, burning, or explosion which, as determined in accordance with regulations prescribed by the Secretary, does not pose a threat to public health or safety, property, or the environment; and "(17) 'Interstate or foreign commerce' means any trade, traffic, transportation, exchange, or other commerce— "(A) between any State and any place outside of such State, or "(B) which affects any trade, transportation, exchange, or other commerce described in subparagraph (A).". SITING AND SAFETY STANDARDS

SEC. 152. (a) The Act is amended by redesignating sections 6, 7, and 49 USC 8 as sections 8,9, and 10, respectively, and by inserting after section 5 1675-1677. 49 USC 1674. the following new section: STANDARDS FOR LNG FACILITIES

"SEC. 6. (a)(1) Not later than 180 days after the date of the Regulations, enactment of this section, the Secretary shall establish, by ^^ USC 1674a. regulation— "(A) minimum safety standards for determining the location of any new LNG facility, and "(B) minimum safety standards for the design, installation, construction, initial inspection, and initial testing of any new LNG facility. "(2) After the date standards first take effect under this section, no new LNG facility may be constructed other than in accordance with the applicable standards prescribed under this section. The Secretary shall ensure that the facility is constructed and operated in compliance with such standards. "(3) No new LNG facility may be operated unless the person operating such facility has previously submitted a contingency plan which sets forth those steps which are to be taken in the event of an LNG accident and which is determined to be adequate by the Department of Energy or the appropriate State agency, in the case of any facility not subject to the jurisdiction of the Department under the Natural Gas Act. 15 USC 717w. "(b) Not later than 270 days after the date of the enactment of this subsection, the Secretary shall establish minimum standards to be

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