Infrastructure Codes, Standards, and Regulations: Frequently Asked Questions

Ensuring the safe operation of and uninterrupted services provided by infrastructure, as well as resiliency, efficiency, environmental protection, and other aspects of infrastructure performance, may raise issues of congressional interest. Given that codes, standards, and regulations and their implementation affect infrastructure performance, Congress may consider the role of the federal government and nonfederal stakeholders in developing, adopting, and enforcing infrastructure codes, standards, and regulations. Infrastructure consists of physical networks (systems and facilities) that provide functions and services to the community. Federal agencies and some nonfederal organizations provide codes, standards, and/or regulations for various type of infrastructure, including those related to transportation, energy, communications, and water. Adoption and enforcement of infrastructure codes or standards varies across the United States. For information about codes, standards, and guidelines for buildings, including some that relate to infrastructure, see CRS Report R47665, Building Codes, Standards, and Regulations: Frequently Asked Questions. Transportation infrastructure is divided into five groups: (1) roads, bridges, highways, and road tunnels; (2) rail; (3) air; (4) ports, harbors, and waterways; and (5) pipelines for the transport of fuel alone (e.g., a natural gas pipeline). The Federal Highway Administration (FHWA), the American Association of State Highway and Transportation Officials, and other organizations provide codes, standards, and/or regulations for some aspects of roads, bridges, highways, and road tunnels. The Federal Transit Administration, the Federal Railroad Administration, and other organizations provide codes, standards, and/or regulations for some aspects of rail transportation infrastructure. The Federal Aviation Administration (FAA) and other organizations provide codes, standards, and/or regulations for some aspects of air transportation infrastructure. Pipelines delivering natural gas, crude oil, refined products (e.g., gasoline, diesel), and natural gas liquids (e.g., ethane, propane) are part of the transportation infrastructure because they transport fuels. The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) oversees the design, construction, operation, and maintenance of pipelines that carry natural gas or hazardous liquids. Energy infrastructure includes electric power systems, natural gas, and liquid fuels systems as they relate to the generation, transmission, and distribution of electric power and emergency and standby power systems. For electric power systems, the Federal Energy Regulatory Commission (FERC) regulates the interstate transmission and wholesale sale of electricity. FERC is also responsible for regulating the reliability of the bulk power system. Communications infrastructure includes wireline, wireless, cable and broadcast, and satellite networks. The Federal Communications Commission (FCC) regulates interstate and international communication services and has jurisdiction over communications by telephone, cable, radio, wireless, wireline, and internet. State agencies have authority over local wireline telephone services, and most often a public service commission (PSC) oversees communications infrastructure at the state level. Water infrastructure includes drinking water, wastewater, dam, and levee infrastructure. The U.S. Environmental Protection Agency (EPA) establishes requirements for drinking water quality under the authority of the Safe Drinking Water Act (SDWA; codified generally as 42 U.S.C. §§300f-300j) and for wastewater effluent quality under the authority of the Federal Water Pollution Control Act or Clean Water Act (codified generally as 33 U.S.C. §§1251-1387). The Federal Emergency Management Agency (FEMA) administers a National Dam Safety Program (NDSP) to facilitate dam safety. Every state except Alabama has established a state regulatory program for dam safety. The U.S. Army Corps of Engineers and FEMA are developing levee safety guidelines to serve as voluntary best practices.