[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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