1.Short title; amendment of
title 49, United States Code; definitions; table of contents
(a)This Act may be cited
as the Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011
.
(b)Amendment of
title 49, United States CodeExcept 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.
(c)Any
term used in this Act that is defined in chapter 601 of title 49, United States
Code, shall have the meaning given that term in that chapter.
(d)The table of contents for this Act is as follows:
Sec. 1. Short title; amendment of title 49, United States Code;
definitions; table of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Automatic and remote-controlled shut-off
valves.
Sec. 5. Integrity management.
Sec. 6. Public education and awareness.
Sec. 7. Cast iron gas pipelines.
Sec. 8. Leak detection.
Sec. 9. Accident and incident notification.
Sec. 10. Transportation-related onshore facility response plan
compliance.
Sec. 11. Transportation-related oil flow lines.
Sec. 12. Cost recovery for design reviews.
Sec. 13. Biofuel pipelines.
Sec. 14. Carbon dioxide pipelines.
Sec. 15. Study of transportation of diluted
bitumen.
Sec. 16. Study of non-petroleum hazardous liquids transported
by pipeline.
Sec. 17. Clarifications.
Sec. 18. Maintenance of effort.
Sec. 19. Administrative enforcement process.
Sec. 20. Gas and hazardous liquid gathering lines.
Sec. 21. Authorization of appropriations.
2.
(a)General
penalties; Penalty considerationsSection 60122 is amended—
(1)in subsection
(a)(1)—
(A)in the first
sentence by striking $100,000
and inserting
$175,000
; and
(B)in the last
sentence by striking $1,000,000
and inserting
$1,750,000
; and
(2)in subsection
(b)(1)(B) by striking the ability to pay,
.
(b)Operator
Assistance in InvestigationsSection 60118(e) is amended to read
as follows:
(e)Operator
Assistance in Investigations
(1)If the Secretary or
the National Transportation Safety Board investigates an accident involving a
pipeline facility, the operator of the facility shall—
(A)make available to
the Secretary or the Board all records and information that in any way pertain
to the accident (including integrity management plans and test results);
and
(B)afford all
reasonable assistance in the investigation of the accident.
(2)Operator
assistance in investigations
(A)The Secretary may
impose a civil penalty under section 60122 on a person who obstructs or
prevents the Secretary from carrying out inspections or investigations under
this chapter.
(B)In
this paragraph, the following definitions apply:
(i)The term obstructs
includes
actions that were known, or reasonably should have been known, to prevent,
hinder, or impede an investigation without good cause.
(ii)The term good
cause
includes, at a minimum, restricting access to facilities that are
not secure or safe for non-pipeline personnel or
visitors.
.
(c)Administrative
penalty caps inapplicableSection 60120(a)(1) is amended by
adding at the end the following: 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 ordersSection 60119(a) is
amended—
(1)in the subsection
heading by striking and
Waiver Orders
and inserting , Orders, and Other Final Agency
Actions
; and
(2)by striking
about an application for a waiver under section 60118(c) or (d) of this
title
and inserting under this chapter
.
3.Pipeline damage
prevention
(a)Minimum
standards for state one-Call notification programsSection
6103(a) is amended to read as follows:
(a)
(1)In order to qualify for a grant under section 6106, a
State one-call notification program, at a minimum, shall provide for—
(A)appropriate
participation by all underground facility operators, including all government
operators;
(B)appropriate
participation by all excavators, including all government and contract
excavators; and
(C)flexible and
effective enforcement under State law with respect to participation in, and use
of, one-call notification systems.
(2)In order to qualify for a grant under section 6106, a
State one-call notification program may not exempt municipalities, State
agencies, or their contractors from its one-call notification system
requirements.
.
(b)State damage
prevention programsSection 60134(a) is amended—
(1)in paragraph (1)
by striking and
after the semicolon;
(2)in paragraph
(2)(B) by striking (b).
and inserting (b); and
;
and
(3)by adding at the
end the following:
(3)does not provide
any exemptions to municipalities, State agencies, or their contractors from its
one-call notification system
requirements.
.
(c)The amendments made by this section shall take effect 2
years after the date of enactment of this Act.
(d)
(1)The
Secretary of Transportation shall conduct a study on the impact of third party
damage on pipeline safety.
(2)The
study shall include—
(A)an analysis of the
frequency and severity of different types of third party damage
incidents;
(B)an analysis of
exemptions to the one-call notification system requirements in each
State;
(C)a comparison of
exemptions to the one-call notification system requirements in each State to
the types of third party damage incidents in that State; and
(D)an analysis of the
potential safety benefits and adverse consequences of eliminating all
exemptions for mechanized excavation from State one-call notification
systems.
(3)Not
later than 2 years after the date of enactment of this Act, the Secretary shall
submit to the House of Representatives Committee on Transportation and
Infrastructure and Committee on Energy and Commerce and the Senate Committee on
Commerce, Science, and Transportation a report on the results of the
study.
4.Automatic and
remote-controlled shut-off valvesSection 60102 is amended—
(1)by striking
subsection (j)(3); and
(2)by adding at the
end the following:
(n)Automatic and
remote-Controlled shut-Off valves for new transmission pipelines
(1)The Secretary may require by regulation, if determined
appropriate by the Secretary, the use of automatic or remote-controlled
shut-off valves, or equivalent technology, where economically, technically, and
operationally feasible on transmission pipeline facilities constructed or
entirely replaced after the date on which the Secretary issues the final rule
containing such requirement.
(2)Factors for
considerationIn determining whether to proceed with a rulemaking
under paragraph (1), the Secretary shall consider the factors specified in
subsection
(b)(2).
.
5.
(a)Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall evaluate—
(1)whether integrity
management system requirements, or elements thereof, should be expanded beyond
high consequence areas; and
(2)with respect to
gas transmission pipeline facilities, whether applying integrity management
program requirements, or elements thereof, to additional areas would mitigate
the need for class location requirements.
(b)In conducting the evaluation under subsection (a), the
Secretary shall consider applying repair criteria, such as pressure reductions
and special requirements for scheduling remediation, to areas that are not high
consequence areas.
(c)Based on the evaluation to be conducted
under subsection (a), the Secretary shall submit to the House of
Representatives Committee on Transportation and Infrastructure and Committee on
Energy and Commerce and the Senate Committee on Commerce, Science, and
Transportation a report containing the Secretary’s analysis and findings
regarding—
(1)expansion of
integrity management requirements, or elements thereof, beyond high consequence
areas; and
(2)with respect to gas transmission pipeline
facilities, whether applying the integrity management program requirements, or
elements thereof, to additional areas would mitigate the need for class
location requirements.
(d)The Secretary shall collect any relevant data necessary
to complete the evaluation required by subsection (a).
(e)Section 60109(c)(3)(B) is amended to read as
follows:
(B)Subject to
paragraph (5), periodic reassessments of the facility, at a minimum of once
every 7 calendar years, using methods described in subparagraph (A). Such
deadline shall be extended for an additional 6 months if the operator submits
written notice to the Secretary that includes an explanation of the need for
the
extension.
.
(f)Notwithstanding
the authority of the Secretary under section 60102 of title 49, United States
Code, the Secretary shall not expand integrity management system requirements,
or elements thereof, beyond high consequence areas.
(g)Report to
Congress on risk-Based pipeline reassessment intervalsNot later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States shall
evaluate—
(1)whether risk-based reassessment intervals
are a more effective alternative for managing risks to pipelines in
high-consequence areas once baseline assessments are complete when compared to
a 7-year reassessment interval;
(2)the number of
anomalies found in baseline assessments required under section 60109(c)(3)(A)
of title 49, United States Code, as compared to the number of anomalies found
in reassessments required under section 60109(c)(3)(B) of such title;
and
(3)the progress made
in incorporating the recommendations in GAO Report 06–945 and the current
relevance of recommendations not incorporated to date.
(h)High consequence
area definedIn this section,
the term high consequence area
means an area described in
section 60109(a) of title 49, United States Code.
6.Public education
and awareness
(a)National
pipeline mapping system
(1)Map of high
consequence areasThe Secretary of Transportation shall—
(A)maintain, as part
of the National Pipeline Mapping System, a map of all designated high
consequence areas (as described in section 60109(a) of title 49, United States
Code) in which pipelines are required to meet integrity management safety
regulations, excluding any proprietary or sensitive security information;
and
(B)update the map
biennially.
(2)Program to
promote awareness of National Pipeline Mapping SystemNot later than 1 year after the date of
enactment of this Act, the Secretary shall develop and implement a program
promoting greater awareness of the existence of the National Pipeline Mapping
System to State and local emergency responders and other interested parties.
The program shall include guidance on how to use the National Pipeline Mapping
System to locate pipelines in communities and local jurisdictions.
(b)Information to
emergency response agencies
(1)Not
later than 18 months after the date of enactment of this Act, the Secretary
shall issue guidance to owners and operators of pipeline facilities on the
importance of providing system-specific information about their pipeline
facilities to emergency response agencies of the communities and jurisdictions
in which those facilities are located.
(2)Before
issuing guidance under paragraph (1), the Secretary shall consult with owners
and operators of pipeline facilities to determine the extent to which the
owners and operators are already providing system-specific information about
their pipeline facilities to emergency response agencies.
7.
(a)Section 60108(d) is
amended by adding at the end the following:
(4)Not later than December 31, 2012, and
every 2 years thereafter, the Secretary shall conduct a follow-up survey to
measure the progress that owners and operators of pipeline facilities have made
in implementing their plans for the safe management and replacement of cast
iron gas
pipelines.
.
(b)Not later than
December 31, 2013, the Secretary of Transportation shall transmit to the House
of Representatives Committee on Transportation and Infrastructure and Committee
on Energy and Commerce and the Senate Committee on Commerce, Science, and
Transportation a report that—
(1)identifies the
total mileage of cast iron gas pipelines in the United States; and
(2)evaluates the
progress that owners and operators of pipeline facilities have made in
implementing their plans for the safe management and replacement of cast iron
gas pipelines.
8.
(a)
(1)Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall submit to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure and Committee on Energy and
Commerce a report on leak detection systems utilized by operators of hazardous
liquid pipeline facilities and transportation-related flow lines.
(2)The
report shall include—
(A)an analysis of the
technical limitations of current leak detection systems, including the systems’
ability to detect ruptures and small leaks that are ongoing or intermittent,
and what can be done to foster development of better technologies; and
(B)an analysis of the
feasibility of establishing technically, operationally, and economically
feasible standards for the capability of such systems to detect leaks, and the
safety benefits and adverse consequences of requiring operators to use leak
detection systems.
(b)Notwithstanding the authority of the
Secretary under section 60102 of title 49, United States Code, the Secretary
shall not issue regulations establishing standards for the capability of leak
detection systems or requiring operators to use leak detection systems.
9.Accident and
incident notification
(a)Not later than 18
months after the date of enactment of this Act, the Secretary of Transportation
shall revise regulations issued under sections 191.5 and 195.52 of title 49,
Code of Federal Regulations, to establish specific time limits for telephonic
or electronic notice of accidents and incidents involving pipeline facilities
to the Secretary and the National Response Center.
(b)In revising the regulations, the Secretary, at a
minimum, shall—
(1)establish time
limits for telephonic or electronic notification of an accident or incident to
require such notification not less than 1 hour and not more than 2 hours after
discovery of the accident or incident;
(2)review procedures
for owners and operators of pipeline facilities and the National Response
Center to provide thorough and coordinated notification to all relevant State
and local emergency response officials, including 911 emergency call centers,
for the jurisdictions in which those pipeline facilities are located in the
event of an accident or incident, and revise such procedures as appropriate;
and
(3)require such
owners and operators to revise their initial telephonic or electronic notice to
the Secretary and the National Response Center with an estimated amount of the
product released, an estimated number of fatalities and injuries, if any, and
any other information determined appropriate by the Secretary within 24 to 48
hours of the accident or incident, to the extent practicable.
(c)After receiving revisions described in subsection (b)(3),
the National Response Center shall update the initial report on an accident or
incident instead of generating a new report.
10.Transportation-related
onshore facility response plan compliance
(a)Subparagraphs (A) and
(B) of section 311(m)(2) of the Federal Water Pollution Control Act (33 U.S.C.
1321(m)(2)) are each amended by striking Administrator or
and
inserting Administrator, the Secretary of Transportation,
or
.
(b)Section 311(b)(6)(A) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(b)(6)(A)) is amended by striking operating
or
and inserting operating, the Secretary of Transportation,
or
.
11.Transportation-related
oil flow linesSection 60102,
as amended by this Act, is further amended by adding at the end the
following:
(o)Transportation-Related
oil flow lines
(1)The Secretary may collect geospatial or technical data
on transportation-related oil flow lines, including unregulated
transportation-related oil flow lines.
(2)Transportation-related
oil flow line definedIn this subsection, the term
transportation-related oil flow line means a pipeline transporting
oil off of the grounds of the well where it originated across areas not owned
by the producer, regardless of the extent to which the oil has been processed,
if at all.
(3)Nothing
in this subsection authorizes the Secretary to prescribe standards for the
movement of oil through production, refining, or manufacturing facilities, or
through oil production flow lines located on the grounds of
wells.
.
12.Cost recovery
for design reviews
(a)Section 60117(n) is amended to read as follows:
(n)Cost recovery
for design reviews
(1)
(A)For any project
described in subparagraph (B), if the Secretary conducts facility design safety
reviews in connection with a proposal to construct, expand, or operate a new
gas or hazardous liquid pipeline facility or liquefied natural gas pipeline
facility, the Secretary may require the person proposing the project to pay the
costs incurred by the Secretary relating to such reviews. If the Secretary
exercises the cost recovery authority described in this subsection, the
Secretary shall prescribe a fee structure and assessment methodology that is
based on the costs of providing these reviews and shall prescribe procedures to
collect fees under this subsection. The Secretary shall not collect design
safety review fees under this chapter and section 60301 for the same design
safety review.
(B)Projects to
which applicableSubparagraph (A) applies to any project
that—
(i)has design and
construction costs totaling at least $3,400,000,000, as adjusted for inflation,
based on a good faith estimate developed by the person proposing the project;
or
(ii)uses new or novel
technologies or design.
(2)For
any new pipeline facility construction project for which the Secretary will
conduct design reviews, the person proposing the project shall notify the
Secretary and provide the design specifications, construction plans and
procedures, and related materials at least 120 days prior to the commencement
of construction. If the Secretary determines that the proposed design of the
project is inconsistent with pipeline safety, the Secretary shall provide
written comments, feedback, and guidance on the project on or before the 60th
day following the date of receipt of the design specifications, construction
plans and procedures, and related materials for the project.
(3)Pipeline Safety
Design Review Fund
(A)There
is established a Pipeline Safety Design Review Fund in the Treasury of the
United States.
(B)The
Secretary shall deposit funds paid under this subsection into the Fund.
(C)Amounts in the Fund shall be available to
the Secretary, in amounts specified in appropriations Acts, to offset the costs
of conducting facility design safety reviews under this subsection.
(4)No additional
permitting authorityNothing in this subsection shall be
construed as authorizing the Secretary to require a person to obtain a permit
before beginning design and construction in connection with a project described
in paragraph
(1)(B).
.
(b)Not
later than 1 year after the date of enactment of this Act, the Secretary of
Transportation shall issue guidance to clarify the meaning of the term
new or novel technologies or design as used in section 60117(n) of
title 49, United States Code, as amended by subsection (a) of this
section.
13.Section 60101(a)(4)
is amended—
(1)in subparagraph
(A) by striking and
after the semicolon;
(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, or corrosive or would be
harmful to the environment if released in significant quantities;
and
.
14.Section 60102(i) is
amended to read as follows:
(i)Pipelines
transporting carbon dioxide
(1)The Secretary shall prescribe minimum safety standards
for the transportation of carbon dioxide by pipeline in a gaseous state.
(2)Standards
applicable to certain pipelinesFor pipelines that transport
carbon dioxide in both a liquid and gaseous state, the Secretary shall apply
standards, in effect on the date of enactment of the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011, for the transportation of
carbon dioxide by pipeline in a liquid state to the transportation of carbon
dioxide by pipeline in a gaseous
state.
.
15.Study of
transportation of diluted bitumenNot later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall complete a
comprehensive review of hazardous liquid pipeline facility regulations to
determine whether these regulations are sufficient to regulate pipeline
facilities used for the transportation of diluted bitumen. In conducting this
review, the Secretary shall conduct an analysis of whether any increase in risk
of release exists for pipeline facilities transporting diluted bitumen. The
Secretary shall report the results of this review to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure and Committee on Energy and
Commerce.
16.Study of
non-petroleum hazardous liquids transported by pipelineThe Secretary of Transportation may conduct
an analysis of the transportation of non-petroleum hazardous liquids by
pipeline facility for the purpose of identifying the extent to which pipeline
facilities 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
should identify the extent to which the safety of the pipeline facilities is
unregulated by the States and evaluate whether the transportation of such
chemicals by pipeline facility across areas accessible to the public would
present significant risks to public safety, property, or the environment in the
absence of regulation. The results of the analysis shall be made available to
the Senate Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure and Committee on
Energy and Commerce.
17.
(a)Amendment of
procedures clarificationSection 60108(a)(1) is amended by
striking an intrastate
and inserting a
.
(b)Owner and
operator clarificationSection 60102(a)(2)(A) is amended by
striking owners and operators
and inserting any or all of
the owners or operators
.
18.Section 60107(b) is
amended by adding at the end the following: For each of fiscal years
2012 and 2013, the Secretary shall grant such a wavier to a State if the State
can demonstrate an inability to maintain or increase the required funding share
of its pipeline safety program at or above the level required by this
subsection due to economic hardship in that State. For fiscal year 2014 and
each fiscal year thereafter, the Secretary may grant such a waiver to a State
if the State can make the demonstration described in the preceding
sentence.
.
19.Administrative
enforcement process
(a)
(1)Not later than 2 years after the date of enactment of
this Act, the Secretary shall prescribe regulations—
(A)requiring hearings
under sections 60112, 60117, 60118, and 60122 to be convened before a presiding
official;
(B)providing the
opportunity for any person requesting a hearing under section 60112, 60117,
60118, or 60122 to arrange for a transcript of that hearing, at the expense of
the requesting person;
(C)ensuring expedited review of any order
issued pursuant to section 60112(e);
(D)implementing a
separation of functions between personnel involved with investigative and
prosecutorial activities and advising the Secretary on findings and
determinations; and
(E)prohibiting
ex-parte communication relevant to the question to be decided in the case by
parties to an investigation or hearing.
(2)The regulations prescribed under this subsection
shall—
(A)define the term
presiding official to mean the person who conducts any hearing
relating to civil penalty assessments, compliance orders, safety orders, or
corrective action orders; and
(B)require that the
presiding official must be an attorney on the staff of the Deputy Chief Counsel
that is not engaged in investigative or prosecutorial functions, including the
preparation of notices of probable violations, notices relating to civil
penalty assessments, notices relating to compliance, or notices of proposed
corrective actions.
(3)The regulations
prescribed under this subsection shall define the term expedited
review for the purposes of paragraph (1)(C).
(b)Standards of
judicial reviewSection 60119(a) is amended by adding at the end
the following new paragraph:
(3)A judicial review of agency action
under this section shall apply the standards of review established in section
706 of title
5.
.
20.Gas and
hazardous liquid gathering lines
(a)The Secretary of Transportation shall
complete a review of existing Federal and State regulations for gas and
hazardous liquid gathering lines located onshore and offshore in the United
States, including within the inlets of the Gulf of Mexico.
(b)
(1)Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the House of Representatives Committee
on Transportation and Infrastructure and Committee on Energy and Commerce and
the Senate Committee on Commerce, Science, and Transportation a report on the
results of the review.
(2)The
report shall include the Secretary’s recommendations with respect to—
(A)the sufficiency of
existing Federal and State laws and regulations to ensure the safety of gas and
hazardous liquid gathering lines;
(B)quantifying the
economical and technical practicability and challenges of applying existing
Federal regulations to gathering lines that are currently not subject to
Federal regulation when compared to the public safety benefits; and
(C)subject to a
risk-based assessment, the need to modify or revoke existing exemptions from
Federal regulation for gas and hazardous liquid gathering lines.
21.Authorization of
appropriations
(a)Section
60125(a) is amended to read as follows:
(a)
(1)To carry out the
provisions of this chapter related to gas and hazardous liquid and section 12
of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public
Law 107–355), there is authorized to be appropriated to the Department of
Transportation for each of fiscal years 2012 through 2015, from fees collected
under section 60301, $88,014,000, of which $4,686,000 is for carrying out such
section 12 and $34,461,000 is for making grants.
(2)In addition to the amounts authorized to be appropriated
by paragraph (1), there is authorized to be appropriated for each of fiscal
years 2012 through 2015 from the Oil Spill Liability Trust Fund to carry out
the provisions of this chapter related to hazardous liquid and section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law
107–355), $18,905,000, of which $2,185,000 is for carrying out such section 12
and $4,985,000 is for making
grants.
.
(b)Emergency
response grantsSection 60125(b)(2) is amended by striking
2007 through 2010
and inserting 2012 through
2015
.
(c)One-Call
notification programsSection 6107 is amended—
(1)in subsection (a)
by striking 2007 through 2010.
and inserting 2012 through
2015.
;
(2)in subsection (b)
by striking 2007 through 2010.
and inserting 2012 through
2015.
; and
(3)by striking
subsection (c).
(d)State damage
prevention programsSection 60134 is amended by adding at the end
the following:
(i)Authorization of
appropriationsThere is authorized to be appropriated to the
Secretary to provide grants under this section $1,500,000 for each of fiscal
years 2012 through 2015. Such funds shall remain available until
expended.
.
(e)Community
pipeline safety information grantsSection 60130 is
amended—
(1)in subsection
(b)—
(A)by inserting
to grant recipients and their contractors
after this
section
; and
(B)by inserting
, for any type of advocacy activity for or against a pipeline
construction or expansion project,
after for lobbying
;
and
(2)in subsection (d) by striking
2010
and inserting 2015
.
(f)Pipeline
transportation research and developmentSection 12 of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is
amended—
(1)in subsection (d)
by adding at the end the following:
(3)Ongoing pipeline
transportation research and development
(A)After the initial 5-year program plan has been carried
out by the participating agencies, the Secretary of Transportation shall
prepare a research and development program plan every 5 years thereafter and
shall transmit a report to Congress on the status and results-to-date of
implementation of the program every 2 years.
(B)The
Secretary of Transportation shall comply with the consultation requirements of
subsection (d)(2) when preparing the program plan and in the selection and
prioritization of research and development projects.
(C)Funding from
non-Federal sourcesWhen carrying out research and development
activities, the Secretary, to the greatest extent practicable, shall obtain
funding for research and development projects from non-Federal
sources.
;
and
(2)in subsection (f)
by striking 2003 through 2006.
and inserting 2012 through
2015.
.