[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3824 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3824
To amend title 49, United States Code, to provide for enhanced safety
and environmental protection in pipeline transportation and to provide
for enhanced reliability in the transportation of United States energy
products by pipeline, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 22, 2010
Mrs. Feinstein (for herself and Mrs. Boxer) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to provide for enhanced safety
and environmental protection in pipeline transportation and to provide
for enhanced reliability in the transportation of United States energy
products by pipeline, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Strengthening
Pipeline Safety and Enforcement Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 49, United States code.
Sec. 3. Additional resources for Pipeline and Hazardous Materials
Safety Administration.
Sec. 4. Civil penalties.
Sec. 5. Collection of data on transportation-related oil flow lines.
Sec. 6. Required installation and use in pipelines of remotely or
automatically controlled valves.
Sec. 7. Standards for natural gas pipeline leak detection.
Sec. 8. Considerations for identification of high consequence areas.
Sec. 9. Regulation by Secretary of Transportation of gas and hazardous
liquid gathering lines.
Sec. 10. Inclusion of non-petroleum fuels and biofuels in definition of
hazardous liquid.
Sec. 11. Required periodic inspection of pipelines by instrumented
internal inspection devices.
Sec. 12. Minimum safety standards for transportation of carbon dioxide
by pipeline.
Sec. 13. Cost recovery for pipeline design reviews by Secretary of
Transportation.
Sec. 14. International cooperation and consultation on pipeline safety
and regulation.
Sec. 15. Waivers of pipeline standards by Secretary of Transportation.
Sec. 16. Collection of data on pipeline infrastructure for National
pipeline mapping system.
Sec. 17. Study of non-petroleum hazardous liquids transported by
pipeline.
Sec. 18. Clarification of provisions of law relating to pipeline
safety.
SEC. 2. REFERENCES TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 3. ADDITIONAL RESOURCES FOR PIPELINE AND HAZARDOUS MATERIALS
SAFETY ADMINISTRATION.
(a) In General.--The Secretary shall increase the number of full-
time equivalent employees of the Pipeline and Hazardous Materials
Safety Administration by not fewer than 100 compared to the number of
full-time equivalent employees of the Administration employed on the
day before the date of the enactment of this Act to carry out the
pipeline safety program, of which--
(1) not fewer than 25 full-time equivalent employees shall
be added in fiscal year 2011;
(2) not fewer than 25 full-time equivalent employees shall
be added in fiscal year 2012;
(3) not fewer than 25 full-time equivalent employees shall
be added in fiscal year 2013; and
(4) not fewer than 25 full-time equivalent employees shall
be added in fiscal year 2014.
(b) Functions.--In increasing the number of employees under
subsection (a), the Secretary shall focus on hiring employees--
(1) to conduct data collection, analysis, and reporting;
(2) to develop, implement, and update information
technology;
(3) to conduct inspections of pipeline facilities to
determine compliance with applicable regulations and standards;
(4) to provide administrative, legal, and other support for
pipeline enforcement activities; and
(5) to support the overall pipeline safety mission of the
Pipeline and Hazardous Materials Safety Administration,
including training pipeline enforcement personnel.
SEC. 4. CIVIL PENALTIES.
(a) Penalties for Major Consequence Violations.--Section 60122 is
amended by striking subsection (c) and inserting the following:
``(c) Penalties for Major Consequence Violations.--
``(1) In general.--If the Secretary determines, after
written notice and an opportunity for a hearing, that a person
has committed a major consequence violation of subsection (b)
or (d) of section 60114, section 60118(a), or a regulation
prescribed or order issued under this chapter such person shall
be liable to the United States Government for a civil penalty
of not more than $250,000 for each such violation.
``(2) Separate violations.--A separate violation occurs for
each day the violation continues.
``(3) Maximum civil penalty.--The maximum civil penalty
under this subsection for a related series of major consequence
violations is $2,500,000.
``(4) Definition.--In this subsection, the term `major
consequence violation' means a violation that contributed to an
incident resulting in any of the following:
``(A) One or more deaths.
``(B) One or more injuries or illnesses requiring
hospitalization.
``(C) Environmental harm exceeding $250,000 in
estimated damage to the environment including property
loss.
``(D) A release of gas or hazardous liquid that
ignites or otherwise presents a safety threat to the
public or presents a threat to the environment in a
high consequence area, as defined by the Secretary in
accordance with section 60109.''.
(b) Penalty for Obstruction of Inspections and Investigations.--
Section 60118(e) is amended--
(1) by striking ``If the Secretary'' and inserting the
following:
``(1) In general.--If the Secretary''; and
(2) by adding at the end the following:
``(2) Civil penalties.--The Secretary may impose a civil
penalty under section 60122 on a person who obstructs or
prevents the Secretary from carrying out an inspection or
investigation under this chapter.''.
(c) Nonapplicability of Administrative Penalty Caps.--Section 60120
is amended by adding at the end the following:
``(d) Nonapplicability of Administrative Penalty Caps.--The maximum
amount of civil penalties for administrative enforcement actions under
section 60122 shall not apply to enforcement actions under this
section.''.
(d) Judicial Review of Administrative Enforcement Orders.--
(1) In general.--Section 60119(a)(1) is amended by striking
``about an application for a waiver under section 60118(c) or
(d) of'' and inserting ``under''.
(2) Clerical amendment.--The heading for section 60119(a)
is amended to read as follows: ``Review of Regulations, Orders,
and Other Final Agency Actions''.
SEC. 5. COLLECTION OF DATA ON TRANSPORTATION-RELATED OIL FLOW LINES.
Section 60102 is amended by adding at the end the following:
``(n) Collection of Data on Transportation-related Oil Flow
Lines.--
``(1) In general.--The Secretary may collect geospatial,
technical, or other pipeline data on transportation-related oil
flow lines, including unregulated transportation-related oil
flow lines.
``(2) Transportation-related oil flow line defined.--In
this subsection, the term `transportation-related oil flow
line' means a pipeline transporting oil off of the grounds of
the production facility where it originated across areas not
owned by the producer regardless of the extent to which the oil
has been processed.
``(3) Construction.--Nothing in this subsection may be
construed to authorize the Secretary to prescribe standards for
the movement of oil through--
``(A) production, refining, or manufacturing
facilities; or
``(B) oil production flow lines located on the
grounds of production facilities.''.
SEC. 6. REQUIRED INSTALLATION AND USE IN PIPELINES OF REMOTELY OR
AUTOMATICALLY CONTROLLED VALVES.
Section 60102, as amended by section 5, is further amended by
adding at the end the following:
``(o) Remotely or Automatically Controlled Valves.--
``(1) In general.--Not later than 18 months after the date
of the Strengthening Pipeline Safety and Enforcement Act of
2010, the Secretary shall prescribe regulations requiring the
installation and use in pipelines and pipeline facilities,
wherever technically and economically feasible, of remotely or
automatically controlled valves that are reliable and capable
of shutting off the flow of gas in the event of an accident,
including accidents in which there is a loss of the primary
power source.
``(2) Consultations.--In developing regulations prescribed
in accordance with paragraph (1), the Secretary shall consult
with appropriate groups from the gas pipeline industry and
pipeline safety experts.''.
SEC. 7. STANDARDS FOR NATURAL GAS PIPELINE LEAK DETECTION.
Section 60102, as amended by sections 5 and 6, is further amended
by adding at the end the following:
``(p) Natural Gas Leak Detection.--Not later than 1 year after the
date of the enactment of this subsection, the Secretary shall establish
standards for natural gas leak detection equipment and methods, with
the goal of establishing a pipeline system in which substantial leaks
in high consequence areas are identified as expeditiously as
technologically possible.''.
SEC. 8. CONSIDERATIONS FOR IDENTIFICATION OF HIGH CONSEQUENCE AREAS.
Section 60109 is amended by adding at the end the following:
``(g) Considerations for Identification of High Consequence
Areas.--In identifying high consequence areas under this section, the
Secretary shall consider--
``(1) the seismicity of the area;
``(2) the age of the pipe; and
``(3) whether the pipe at issue can be inspected using the
most modern instrumented internal inspection devices.''.
SEC. 9. REGULATION BY SECRETARY OF TRANSPORTATION OF GAS AND HAZARDOUS
LIQUID GATHERING LINES.
(a) Gas Gathering Lines.--Paragraph (21) of section 60101(a) is
amended to read as follows:
``(21) `transporting gas' means the gathering,
transmission, or distribution of gas by pipeline, or the
storage of gas, in interstate or foreign commerce.''.
(b) Hazardous Liquid Gathering Lines.--Section 60101(a)(22)(B) is
amended--
(1) by striking clause (i); and
(2) by redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment of
this Act.
SEC. 10. INCLUSION OF NON-PETROLEUM FUELS AND BIOFUELS IN DEFINITION OF
HAZARDOUS LIQUID.
Section 60101(a)(4) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) non-petroleum fuels, including biofuels that
are flammable, toxic, corrosive, or would be harmful to
the environment if released in significant quantities;
and''.
SEC. 11. REQUIRED PERIODIC INSPECTION OF PIPELINES BY INSTRUMENTED
INTERNAL INSPECTION DEVICES.
Section 60102(f) is amended by striking paragraph (2) and inserting
the following:
``(2) Periodic inspections.--
``(A) In general.--Not later than 270 days after
the date of the enactment of the Strengthening Pipeline
Safety and Enforcement Act of 2010, the Secretary shall
prescribe additional standards requiring the periodic
inspection of each pipeline the operator of the
pipeline identifies under section 60109.
``(B) Inspection with internal inspection device.--
``(i) In general.--Except as provided in
clause (ii), the standards prescribed under
subparagraph (A) shall require that an
inspection shall be conducted at least once
every 5 years with an instrumented internal
inspection device.
``(ii) Exception for segments where devices
cannot be used.--If a device described in
clause (i) cannot be used in a segment of a
pipeline, the standards prescribed in
subparagraph (A) shall require use of an
inspection method that the Secretary certifies
to be at least as effective as using the device
in--
``(I) detecting corrosion;
``(II) detecting pipe stress; and
``(III) otherwise providing for the
safety of the pipeline.
``(C) Operation under high pressure.--The Secretary
shall prohibit a pipeline segment from operating under
high pressure if the pipeline segment cannot be
inspected--
``(i) with a device described in clause (i)
of subparagraph (B) in accordance with the
standards prescribed pursuant to such clause;
or
``(ii) using an inspection method described
in clause (ii) of such subparagraph in
accordance with the standards prescribed
pursuant to such clause.''.
SEC. 12. MINIMUM SAFETY STANDARDS FOR TRANSPORTATION OF CARBON DIOXIDE
BY PIPELINE.
Subsection (i) of section 60102 is amended to read as follows:
``(i) Pipelines Transporting Carbon Dioxide.--The Secretary shall
prescribe minimum safety standards for the transportation of carbon
dioxide by pipeline in either a liquid or gaseous state.''.
SEC. 13. COST RECOVERY FOR PIPELINE DESIGN REVIEWS BY SECRETARY OF
TRANSPORTATION.
Subsection (n) of section 60117 is amended to read as follows:
``(n) Cost Recovery for Design Reviews.--
``(1) In general.--If the Secretary conducts facility
design safety reviews in connection with a proposal to
construct, expand, or operate a gas or hazardous liquid
pipeline or liquefied natural gas pipeline facility, including
construction inspections and oversight, the Secretary may
require the person proposing the construction, expansion, or
operation to pay the costs incurred by the Secretary relating
to such reviews.
``(2) Fee structure and collection procedures.--If the
Secretary exercises the authority under paragraph (1) with
respect to conducting facility design safety reviews, the
Secretary shall prescribe--
``(A) a fee structure and assessment methodology
that is based on the costs of providing such reviews;
and
``(B) procedures to collect fees.
``(3) Additional authority.--This authority is in addition
to the authority provided under section 60301.
``(4) Notification.--For any pipeline construction project
beginning after the date of the enactment of this subsection in
which the Secretary conducts design reviews, the person
proposing the project shall notify the Secretary and provide
the design specifications, construction plans and procedures,
and related materials not later than 120 days prior to the
commencement of such project.
``(5) Pipeline safety design review fund.--
``(A) In general.--There is established in the
Treasury of the United States a revolving fund known as
the `Pipeline Safety Design Review Fund' (in this
paragraph referred to as the `Fund').
``(B) Elements.--There shall be deposited in the
fund the following, which shall constitute the assets
of the Fund:
``(i) Amounts paid into the Fund under any
provision of law or regulation established by
the Secretary imposing fees under this
subsection.
``(ii) All other amounts received by the
Secretary incident to operations relating to
reviews described in paragraph (1).
``(C) Use of funds.--The Fund shall be available to
the Secretary, without fiscal year limitation, to carry
out the provisions of this chapter.''.
SEC. 14. INTERNATIONAL COOPERATION AND CONSULTATION ON PIPELINE SAFETY
AND REGULATION.
Section 60117 is amended by adding at the end the following:
``(o) International Cooperation and Consultation.--
``(1) Information exchange and technical assistance.--
Subject to guidance from the Secretary of State, the Secretary
may engage in activities supporting cooperative international
efforts to share information about the risks to the public and
the environment from pipelines and means of protecting against
those risks if the Secretary determines that such activities
would benefit the United States. Such cooperation may include
the exchange of information with domestic and appropriate
international organizations to facilitate efforts to develop
and improve safety standards and requirements for pipeline
transportation in or affecting interstate or foreign commerce.
``(2) Consultation.--Subject to guidance from the Secretary
of State, the Secretary may, to the extent practicable, consult
with interested authorities in Canada, Mexico, and other
interested authorities to ensure that the respective pipeline
safety standards and requirements prescribed by the Secretary
and those prescribed by such authorities are consistent with
the safe and reliable operation of cross-border pipelines.
``(3) Construction regarding differences in international
standards and requirements.--Nothing in this section shall be
construed to require that a standard or requirement prescribed
by the Secretary under this chapter be identical to a standard
or requirement adopted by an international authority.''.
SEC. 15. WAIVERS OF PIPELINE STANDARDS BY SECRETARY OF TRANSPORTATION.
(a) Nonemergency Waivers.--Paragraph (1) of section 60118(c) is
amended to read as follows:
``(1) Nonemergency waivers.--
``(A) In general.--Upon receiving an application
from an owner or operator of a pipeline facility, the
Secretary may, by order, waive compliance with any part
of an applicable standard prescribed under this chapter
with respect to the facility on such terms as the
Secretary considers appropriate, if the Secretary
determines that such waiver is not inconsistent with
pipeline safety.
``(B) Considerations.--In determining whether to
grant a waiver under subparagraph (A), the Secretary
shall consider--
``(i) the fitness of the applicant to
conduct the activity authorized by the waiver
in a manner that is consistent with pipeline
safety;
``(ii) the applicant's compliance history;
``(iii) the applicant's accident history;
and
``(iv) any other information the Secretary
considers relevant to making the determination.
``(C) Effective period.--
``(i) Operating requirements.--A waiver of
1 or more pipeline operating requirements under
subparagraph (A) shall be effective for an
initial period of not longer than 5 years and
may be renewed by the Secretary upon
application for successive periods of not
longer than 5 years each.
``(ii) Design or materials requirement.--If
the Secretary determines that a waiver of a
design or materials requirement is warranted
under subparagraph (A), the Secretary may grant
the waiver for any period the Secretary
considers appropriate.
``(D) Public notice and hearing.--The Secretary may
waive compliance under subparagraph (A) only after
public notice and hearing, which may consist of--
``(i) publication of notice in the Federal
Register that an application for a waiver has
been filed; and
``(ii) providing the public with the
opportunity to review and comment on the
application.
``(E) Noncompliance and modification, suspension,
or revocation.--After notice to a recipient of a waiver
under subparagraph (A) and opportunity to show cause,
the Secretary may modify, suspend, or revoke such
waiver for--
``(i) failure of the recipient to comply
with the terms or conditions of the waiver;
``(ii) intervening changes in Federal law;
``(iii) a material change in circumstances
affecting safety; including erroneous
information in the application; and
``(iv) such other reasons as the Secretary
considers appropriate.''.
(b) Fees.--Section 60118(c) is amended by adding at the end the
following:
``(4) Fees.--
``(A) In general.--The Secretary shall establish
reasonable fees for processing applications for waivers
under this subsection that are based on the costs of
activities relating to waivers under this subsection.
Such fees may include a basic filing fee, as well as
fees to recover the costs of technical studies or
environmental analysis for such applications.
``(B) Procedures.--The Secretary shall prescribe
procedures for the collection of fees under
subparagraph (A).
``(C) Additional authority.--The authority provided
under subparagraph (A) is in addition to the authority
provided under section 60301.
``(D) Pipeline safety special permit fund.--
``(i) In general.--There is established in
the Treasury of the United States a revolving
fund known as the `Pipeline Safety Special
Permit Fund' (in this subparagraph referred to
as the `Fund').
``(ii) Elements.--There shall be deposited
in the Fund the following, which shall
constitute the assets of the Fund:
``(I) Amounts paid into the Fund
under any provision of law or
regulation established by the Secretary
imposing fees under this paragraph.
``(II) All other amounts received
by the Secretary incident to operations
relating to activities described in
subparagraph (A).
``(iii) Use of funds.--The Fund shall be
available to the Secretary, without fiscal year
limitation, to process applications for waivers
under this subsection.''.
SEC. 16. COLLECTION OF DATA ON PIPELINE INFRASTRUCTURE FOR NATIONAL
PIPELINE MAPPING SYSTEM.
Section 60132 is amended--
(1) in the matter before paragraph (1), by striking ``Not
later than 6 months after the date of the enactment of this
section, the'' and inserting ``Each'';
(2) in subsection (a), by adding at the end the following:
``(4) Such other geospatial, technical, or other pipeline
data, including design and material specifications, as the
Secretary considers necessary to carry out the purposes of this
chapter, including preconstruction design reviews and
compliance inspection prioritization.''; and
(3) by adding at the end the following:
``(d) Notice.--The Secretary shall give reasonable notice to the
operator of a pipeline facility of any data being requested under this
section.''.
SEC. 17. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY
PIPELINE.
(a) Authority To Carry Out Analysis.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of Transportation
shall conduct an analysis of the transportation of non-petroleum
hazardous liquids by pipeline for the purpose of identifying the extent
to which pipelines are currently being used to transport non-petroleum
hazardous liquids, such as chlorine, from chemical production
facilities across land areas not owned by the producer that are
accessible to the public. The analysis shall identify the extent to
which the safety of the lines is unregulated by the States and evaluate
whether the transportation of such chemicals by pipeline across areas
accessible to the public would present significant risks to public
safety, property, or the environment in the absence of regulation.
(b) Report.--Not later than 365 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
containing the findings of the Secretary with respect to the analysis
conducted pursuant to subsection (a).
SEC. 18. CLARIFICATION OF PROVISIONS OF LAW RELATING TO PIPELINE
SAFETY.
(a) Amendment of Procedures Clarification.--Section 60108(a)(1) is
amended by striking ``an intrastate'' and inserting ``a''.
(b) Owner Operator Clarification.--Section 60102(a)(2)(A) is
amended by striking ``owners and operators'' and inserting ``any or all
of the owners or operators''.
(c) One Call Enforcement Clarification.--Section 60114(f) is
amended by adding at the end the following: ``This limitation shall not
apply to proceedings against persons who are pipeline operators.''.
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