[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1502 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1502

  To restore public trust in pipeline safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2011

Mr. Baucus (for himself and Mr. Tester) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To restore public trust in pipeline safety, 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.

    This Act may be cited as the ``Clean Rivers Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Appropriations of 
                the Senate; and
                    (B) the Committee on Transportation and 
                Infrastructure, the Committee on Energy and Commerce, 
                and the Committee on Appropriations of the House of 
                Representatives.
            (2) Gathering lines.--The term ``gathering lines'' has the 
        meaning given the term pursuant to section 60101(b) of title 
        49, United States Code.
            (3) Hazardous liquid pipeline facility.--The term 
        ``hazardous liquid pipeline facility'' has the meaning given 
        the term in section 60101(a) of title 49, United States Code.
            (4) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).

SEC. 3. REVIEW OF PIPELINE RIVER CROSSINGS.

    (a) Review Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Administrator of the Pipeline 
        and Hazardous Materials Safety Administration shall complete a 
        review of the adequacy of the Administration's regulations with 
        respect to pipelines regulated by the Administration that cross 
        inland bodies of water with a width of at least 100 feet from 
        high water mark to high water mark.
            (2) Scope.--The review required under paragraph (1) shall 
        include data about the geomorphology of individual rivers, 
        including flood hydraulics, riverbed mobility, and channel 
        migration, with respect to--
                    (A) existing depth of cover requirements;
                    (B) existing requirements for pipeline operators to 
                inspect the conditions of river crossings during 
                extraordinary events irrespective of periodic 
                inspection requirements;
                    (C) existing requirements for Integrity Management 
                Plans to include evaluations of the probability and 
                consequences of flooding at river crossings;
                    (D) existing requirements for installing crossings 
                with respect to horizontal directional drilling; and
                    (E) issuance by the Administration of emergency 
                orders to address unsafe conditions or practices posing 
                an imminent hazard.
            (3) Consultation.--In conducting the review required under 
        paragraph (1), the Administrator shall consult with--
                    (A) Federal entities with relevant data and 
                expertise, including the United States Geological 
                Service, the Army Corps of Engineers, the National 
                Transportation Safety Board, the Bureau of Reclamation, 
                and the Environmental Protection Agency; and
                    (B) regional, state, Tribal, and local entities 
                with relevant data and expertise, including State and 
                regional conservation district councils.
    (b) Report Required.--Not later than 30 days after completing the 
review required under subsection (a), the Administrator shall submit to 
the appropriate congressional committees a report on the findings of 
the review, including any recommendations for changes in laws or 
regulations.
    (c) Regulations.--Not later than one year after submittal of the 
report required under subsection (b), the Administrator shall prescribe 
regulations to incorporate the findings of the review conducted under 
subsection (a) and the recommendations included in the report submitted 
under subsection (b).

SEC. 4. INCREASED TRANSPARENCY.

    (a) River Crossings Database.--Not later than 180 days after the 
date of the enactment of this Act, the Administrator of the Pipeline 
and Hazardous Materials Safety Administration shall establish and 
maintain on a publicly available Internet Web site of the 
Administration a database of all pipeline water crossings in the United 
States, searchable nationally, by State, and by pipeline, including, 
with respect to each crossing--
            (1) the pipeline operator;
            (2) the classification of crossing design;
            (3) the estimated depth of cover;
            (4) the date of pipeline installation;
            (5) the dates of in-line inspections;
            (6) a summary of past actionable anomalies resulting from 
        in-line inspections; and
            (7) the operational status of the pipeline during flows 
        higher than 10-percent probability of exceedance.
    (b) National Statistics.--Not later than 180 days after the date of 
the enactment of this Act, the Administrator of the Pipeline and 
Hazardous Materials Safety Administration shall establish and maintain 
on a publicly available Internet Web site of the Administration a 
listing of national and state statistics on pipeline safety, 
including--
            (1) the percentage of pipeline crossings inspected by in-
        line inspection within the last 6 months, year, five years, and 
        greater than five years;
            (2) the percentage of pipeline miles inspected by in-line 
        inspection within the last 6 months, year, five years, and 
        greater than five years;
            (3) the percentage of pipeline crossings designated High 
        Consequences Areas;
            (4) the percentage of pipeline miles designated High 
        Consequence Areas;
            (5) the percentage of total pipelines in compliance as of 
        the last date of in-line inspection;
            (6) the percentage of pipeline miles in compliance as of 
        the last date of in-line inspection;
            (7) the percentage of pipeline crossings which are bored 
        crossings;
            (8) the percentage of pipeline crossings which are cut 
        crossings;
            (9) the percentage of pipeline crossings which are aerial 
        crossings; and
            (10) any other relevant statistics the agency determines.
    (c) Oil Spill Response Plans.--Not later than one year after the 
date of the enactment of this Act, the Administrator shall post on a 
publicly available Internet Web site of the Administration the 
following information about hazardous liquid pipeline response plans 
required of each pipeline operator under part 194 of title 49, Code of 
Federal Regulations:
            (1) A status indication of the review and approval of each 
        plan.
            (2) A comprehensive description of the requirements for 
        such plans.
            (3) A detailed summary of each approved plan written by the 
        operator that includes the key elements of the plan, but which 
        may exclude--
                    (A) proprietary information;
                    (B) security-sensitive information, including as 
                referenced in section 1520.5(a) of title 49, Code of 
                Federal Regulations;
                    (C) specific response resources and tactical 
                deployment plans; and
                    (D) the specific location of worst-case discharges.
    (d) Consultation on Oil Spill Response Plan.--The Administrator 
shall prescribe regulations requiring pipeline operators--
            (1) in constructing oil spill response plans, to consult 
        with local first responders and emergency services operators;
            (2) to file approved oil spill response plans with all 
        local first responders and emergency services operators that 
        are listed in the plan; and
            (3) to provide updated oil spill response plans to local 
        first responders and emergency services operators as necessary.

SEC. 5. LEAK DETECTION PERFORMANCE STANDARDS.

    Not later than one year after the date of the enactment of this 
Act, the Administrator of the Pipeline and Hazardous Materials Safety 
Administration shall review the need for performance standards for leak 
detection systems used by operators of hazardous liquid pipeline 
facilities, including specific standards with respect to--
            (1) determining the size of leak a system is capable of 
        detecting; and
            (2) the time required for the system to issue an alarm in 
        the event that a leak is detected.

SEC. 6. EMERGENCY FLOW RESTRICTING DEVICES.

    Not later than one year after the date of the enactment of this 
Act, the Administrator of the Pipeline and Hazardous Materials Safety 
Administration shall review the adequacy of regulations on the 
circumstances under which an operator of a hazardous liquid pipeline 
facility must use an emergency flow restricting device.

SEC. 7. ONSHORE GATHERING LINES.

    Not later than one year after the date of the enactment of this 
Act, the Administrator of the Pipeline and Hazardous Materials Safety 
Administration shall submit to the appropriate congressional committees 
a report summarizing a review of all onshore gas and hazardous liquid 
gathering lines not regulated by the Administration, including 
recommendations with respect to--
            (1) the sufficiency of existing laws and regulations to 
        ensure pipeline safety;
            (2) the economical and technical practicability of applying 
        existing regulations to unregulated onshore gathering lines; 
        and
            (3) the modification or revocation of existing statutory or 
        regulatory exemptions, subject to a risk-based assessment.

SEC. 8. EXPANDED LOCAL INVOLVEMENT IN NATIONAL CONTINGENCY PLAN 
              RESPONSE MANAGEMENT STRUCTURE.

    (a) In General.--The National Contingency Plan for removal of oil 
and hazardous substances shall be revised to provide for the greater 
involvement of local authorities in the basic framework for the 
response management structure.
    (b) Rule of Construction.--Nothing in this section shall be 
construed as limiting, reducing, or otherwise modifying the controlling 
role of the On-Scene Coordinator in the response management structure 
referred to in subsection (a).

SEC. 9. TRIBAL CONSULTATION.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Administrator of the Pipeline and Hazardous 
Materials Safety Administration shall establish a protocol for 
consulting with Indian tribes to provide technical assistance for 
regulation of pipelines under the jurisdiction of Indian tribes.
    (b) Requirement for Operators.--The operator of a pipeline that is 
located, wholly or partially, on land under the jurisdiction of an 
Indian tribe shall file with the Pipeline and Hazardous Materials 
Safety Administration a copy of any oil spill response plan required 
under this Act for the pipeline.
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