[Congressional Record Volume 156, Number 128 (Wednesday, September 22, 2010)]
[Senate]
[Pages S7354-S7358]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 3824. 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; to the 
Committee on Commerce, Science, and Transportation.
  Mrs. FEINSTEIN. Mr. President, on September 9, a gas pipeline 
underneath a neighborhood in San Bruno, California, just south of San 
Francisco, exploded, turning a quiet residential area into something 
resembling a war zone.
  The resulting inferno damaged or destroyed 55 homes, injured 66, and 
killed an estimated 7 people. Three likely victims have yet to be 
identified.
  This tragedy shows the heavy toll, in death and destruction, when 
high pressure natural gas pipelines fail. The risk is unacceptably 
high.
  So today I join with my colleague, Senator Barbara Boxer, to 
introduce the Strengthening Pipeline Safety and Enforcement Act of 
2010.
  This legislation is drafted to repair clear shortcomings in pipeline 
oversight that have, unfortunately, come to our attention as the result 
of a devastating tragedy in San Bruno, CA.
  Specifically, this legislation would improve pipeline safety and 
oversight by expanding Federal inspection capacity; increasing fines 
for safety violations; adding information to the national pipeline 
mapping system, to assure greater transparency for the public and the 
regulator; closing jurisdictional loopholes that allow gathering lines, 
carbon dioxide pipelines, and biofuel pipelines to operate without 
oversight; requiring widespread adoption of automatic shut-off valves 
that could shut off a pipeline immediately in emergency situations; 
requiring that high-pressure pipelines be inspected on a regular basis 
with either internal instrumented internal inspection devices, known as 
smart pigs, or other inspection methods that are certified to be just 
as effective; prohibiting pipelines that cannot be inspected with the 
best, most-modern techniques from operating at high pressure; requiring 
regulators to consider seismicity and the age of pipes when identifying 
pipelines that deserve the highest level of oversight; and establishing 
the first standards for effective leak detection systems in natural gas 
pipelines.
  Together, Senator Boxer and I believe these improvements to pipeline 
safety will bring about a safer national pipeline system in which 
disasters, such as the tragedy in San Bruno, can be prevented.
  At 6:11 p.m. on September 9, 2010, a 30-inch steel natural gas 
pipeline exploded in San Bruno, California.
  The blast in the Crestmoor neighborhood two miles west of San 
Francisco International Airport shook the ground like an earthquake. 
The fire raged for more than two hours and burned 15 acres.
  The resulting loss of life, serious injuries and property damage are 
heartbreaking.
  Two days after the fire, I visited San Bruno. I walked through the 
devastation with Christopher Hart, vice chairman of the National 
Transportation Safety Board.
  I was struck by what I saw: Homes leveled or charred; cars burned 
out; the burned and bent pipeline--now a key part of the 
investigation--which revealed the intensity of the heat; and a gaping 
crater that demonstrated the size of the initial blast.
  I was saddened by the disaster and I am determined to act to prevent 
this type of catastrophe from recurring.
  I left San Bruno once again impressed by the professionalism of the 
NTSB.
  Their team was on site and in charge, and I am confident they will 
work meticulously to find out what caused this deadly disaster.
  I am confident that their feedback will make pipelines safer in the 
future.
  But I also left San Bruno determined to introduce legislation to 
address the known weaknesses in our pipeline oversight system.
  Let me explain the key provisions in the Bill. First, we propose to 
double the number of Federal pipeline safety inspectors.
  The Department of Transportation's Pipeline and Hazardous Materials 
Safety Administration currently has 100 pipeline inspectors, 
responsible for 217,306 miles of interstate pipeline. Each inspector is 
responsible for 2,173 miles of pipeline--the distance from San 
Francisco to Chicago.
  The vast amount of pipeline per inspector has led to lax oversight of 
pipeline operators, according to NTSB investigations.

[[Page S7355]]

  NTSB Chairman Deborah Hersman testified in June that:

       NTSB is concerned that the level of . . . oversight 
     currently being exercised is not uniformly applied by . . . 
     PHMSA to ensure that the risk-based safety programs are 
     effective. The NTSB believes that . . . PHMSA must establish 
     an aggressive oversight program that thoroughly examines each 
     operator's decision-making process for each element of its 
     integrity management program.

  Doubling the number of inspectors will still require each inspector 
to oversee more than 1,000 miles of pipeline, but the thoroughness of 
inspection and oversight will be far greater.
  Second, this legislation will require deployment of electronic valves 
capable of automatically shutting off the gas in a fire or other 
emergency.
  I was shocked to learn that it took hours to turn off the gas in San 
Bruno.
  Manually operated valves had to be located, buildings had to be 
opened, and workers had to physically turn off the valves. Every minute 
that passed, a flaming inferno burned on.
  In today's era we have electronic water faucets, and furnaces all 
deploy electronic valves to shut off the supply of natural gas in an 
emergency.
  If electronic valves can be deployed in our homes and offices, I 
believe they should be deployed on gas pipelines pumping millions of 
cubic feet of fuel through urban areas. Gas pipeline safety technology 
should be brought into the modern era.
  Third, this legislation will require inspections by ``smart pigs'' in 
all pipes, or the use of an inspection method certified to be equally 
effective at finding corrosion.
  Department of Transportation accident statistics over the past 
decade, 2000-2009, identify corrosion as the leading cause of all 
reported pipeline accidents.
  We need to inspect our pipes to find problems before they cause 
deadly explosions. Every pipe needs effective inspection, regardless of 
age or design.
  Fourth, if natural gas pipelines cannot be inspected using the most 
effective inspection technology, this bill would require operation at 
lower pressure.
  This precautionary approach to pipeline operations assures that 
pipelines more likely to have undetected problems are operated at lower 
risk.
  Department of Transportation experts believe that a breach or other 
major problem with a pipeline operating at lower pressure is more 
likely to produce a leak instead of a catastrophic or deadly explosion.
  The cause of the San Bruno pipeline fire remains under investigation, 
but we know that this pipe could not be inspected using the most modern 
smart pigs, and we know it was operating at high pressure.
  Had this law been in place, either this pipe would have been 
inspected by other means certified to be just as effective as a smart 
pig, or it would have been operating at a pressure far less likely to 
cause the kind of catastrophe we saw.
  Fifth, this legislation will require the Secretary of Transportation 
to consider pipe age and the seismicity of an area when identifying 
pipelines deserving the highest level of safety oversight.
  Today, regulators consider a pipeline's proximity to homes and 
buildings. Other risk factors, such as age of pipe, are not a defining 
consideration.
  We know in San Bruno that this pipe was very old.
  This old pipe had unique twists and turns, and numerous welds that I 
was told would not be allowed on a pipe installed today. NTSB 
identified failed welds as the cause of another major pipeline disaster 
in 2009, so these deserve special attention.
  Sixth, this legislation would require standards for natural gas leak 
detection equipment and methods to identify pipeline leaks as 
expeditiously as technologically possible.
  In San Bruno, some have asserted that they smelled gas for weeks. 
Records are still being checked to determine whether consumers reported 
these leaks, but no equipment on the pipeline clearly demonstrates that 
no leak existed.
  Finally, this legislation adopts a number of commonsense provisions 
proposed last week by Secretary of Transportation LaHood to improve 
pipeline safety, including increasing civil penalties for safety 
violations; expending data collection to be included in the national 
pipeline mapping system; closing jurisdictional loopholes to assure 
greater oversight of unregulated pipelines; and requiring consideration 
of a firm's safety record when considering its request for regulatory 
waivers.
  Senator Boxer and I introduce this legislation today in order to 
initiate quick action to make our pipeline system safer.
  We have put forward our best ideas to improve inspection, address old 
pipes, and advance modern safety technology. We hope to improve these 
ideas as new information comes forward about the San Bruno accident.
  We look forward to working with the Department of Transportation and 
the Senate Commerce Committee to move and improve this legislation 
expeditiously.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3824

       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.

[[Page S7356]]

     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 a 
     prohibit 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

[[Page S7357]]

       ``(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.''.

  Mrs. BOXER. Mr. President, I am proud to introduce the Strengthening 
Pipeline Safety and Enforcement Act of 2010 today along with my 
colleague, Senator Feinstein.
  On September 9, 2010, San Bruno, California suffered a terrible 
tragedy when a natural gas transmission pipeline unexpectedly exploded 
beneath a busy residential neighborhood.
  The catastrophic explosion and the resulting fire was a horrific 
event, creating a massive fireball that many described as the largest 
earthquake they had ever felt.
  The tragedy killed four people, injured 66, and destroyed nearly 
three

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dozen homes. Preliminary estimates put the cost of the damage and 
recovery at $65 million.
  This tragic incident should not have happened.
  Californians and all Americans must feel confident that their 
communities are safe and that the regulatory agencies responsible for 
ensuring the safety of natural gas pipelines are doing everything 
possible to guarantee their safety.
  That is why we are introducing this legislation today. Our bill is 
based on the Department of Transportation's, DOT, proposal for 
improving pipeline safety and includes additional provisions to address 
concerns raised by the San Bruno blast.
  The Strengthening Pipeline Safety and Enforcement Act of 2010 will 
increase the number of Federal inspectors and require the Department of 
Transportation to certify an inspection method for gas lines that 
cannot use ``smart pig'' technology. ``Smart pig'' technology is used 
to test the structural integrity of a pipe and identify any defects.
  The bill would also require DOT to promulgate regulations for the 
installation of automatic and remote shutoff valves, update the 
definition of ``high consequence areas'' to include seismicity of the 
area, age of the pipe and whether a pipe is able to use the ``smart 
pig'' technology, and require DOT to set standards for detecting leaks 
on natural gas lines.
  This legislation strengthens pipeline safety standards to ensure that 
a tragedy like this never happens again. I urge my colleagues to 
support this legislation and work for final passage as quickly as 
possible.
                                 ______