Page:United States Statutes at Large Volume 93.djvu/1032

 93 STAT. 1000

49 USC 1672.

PUBLIC LAW 96-129—NOV. 30, 1979

maintained with respect to the operation and maintenance of any LNG facility. "(c)(1)(A) Except to the extent provided under subparagraph (B), any standard issued under this Act after March 1, 1978, affecting the design, location, installation, construction, initial inspection, or initial testing shall not apply to an existing LNG facility either— "(i) under the authority of this Act; or "(ii) under the authority of any other Federal law if such standard was not issued at the time such authority was exercised. "(B) Any such standard (other than one affecting location) may be made applicable under the provisions of such standard to any replacement component or part thereof of an LNG facility if that component or part is placed in service after the date of the issuance of that standard, but only if such applicability— "(i) would not render such component or part incompatible with the other components or parts of the facility involved; or "(ii) would not otherwise be impracticable. No standard issued under this Act after March 1, 1978, affecting location shall apply to any replacement component or part thereof of an existing LNG facility. "(2) Nothing in this section shall preclude the application of standards under section 3 to pipeline facilities (other than LNG facilities) associated with LNG facilities. "(3) Standards affecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to LNG facilities in existence on the date such standards are adopted. "(d) In prescribing general safety standards under subsections (a) and (b), the Secretary shall take into consideration— "(1) with respect to standards relating to the location of any new LNG facility— "(A) the nature of the use of the facility; "(B) the existing and projected population and demographic characteristics associated with the location involved; "(C) the existing and proposed land uses near such location; "(D) the meteorological, geological, topographical, seismic, and other natural physical aspects of such location; "(E) the medical, law enforcement, and fire prevention capabilities existing near such location to cope with risks created by such a facility; and "(F) the need to encourage remote siting; "(2) with respect to standards applicable to the design, installation, construction, initial inspection, and initial testing of any new LNG facility— "(A) the thermal resistance and other characteristics of materials to be used in the construction of such facility as compared to alternative materials; "(B) design factors (such as multiple diking, insulated concrete, and vapor containment barriers); "(C) the characteristics of the LNG to be stored or converted at, or transported by, such facility (for example, whether it is to be in a liquid or semisolid state); and "(D) the public safety factors of the design as compared to alternative designs (particularly the ability under such a design to prevent and contain an LNG spill); and

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