[Congressional Record Volume 157, Number 192 (Wednesday, December 14, 2011)]
[House]
[Pages H8942-H8948]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR A CORRECTION TO THE ENROLLMENT OF THE BILL H.R. 2845
Mr. SHUSTER. Madam Speaker, I send to the desk a concurrent
resolution and ask unanimous consent for its immediate consideration in
the House.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
The text of the concurrent resolution is as follows:
H. Con. Res. 93
Resolved by the House of Representatives (the Senate
concurring), That, in the enrollment of the bill H.R. 2845,
the Clerk of the House of Representatives shall make the
following correction: Strike all after the enacting clause
and insert the following:
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES
CODE; DEFINITIONS; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011''.
(b) Amendment of 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.
(c) Definitions.--
(1) Applicability of chapter 601 definitions.--In this Act,
any term defined in chapter 601 of title 49, United States
Code, has the meaning given that term in that chapter.
(2) High-consequence area.--In this Act, the term ``high-
consequence area'' means an area described in section
60109(a) of title 49, United States Code.
(d) Table of Contents.--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.
[[Page H8943]]
Sec. 11. Pipeline infrastructure data collection.
Sec. 12. Transportation-related oil flow lines.
Sec. 13. Cost recovery for design reviews.
Sec. 14. Biofuel pipelines.
Sec. 15. Carbon dioxide pipelines.
Sec. 16. Study of transportation of diluted bitumen.
Sec. 17. Study of nonpetroleum hazardous liquids transported by
pipeline.
Sec. 18. Clarifications.
Sec. 19. Maintenance of effort.
Sec. 20. Administrative enforcement process.
Sec. 21. Gas and hazardous liquid gathering lines.
Sec. 22. Excess flow valves.
Sec. 23. Maximum allowable operating pressure.
Sec. 24. Limitation on incorporation of documents by reference.
Sec. 25. Pipeline safety training for State and local government
personnel.
Sec. 26. Report on minority-owned, woman-owned, and disadvantaged
businesses.
Sec. 27. Report on pipeline projects.
Sec. 28. Cover over buried pipelines.
Sec. 29. Seismicity.
Sec. 30. Tribal consultation for pipeline projects.
Sec. 31. Pipeline inspection and enforcement needs.
Sec. 32. Authorization of appropriations.
SEC. 2. CIVIL PENALTIES.
(a) General Penalties; Penalty Considerations.--Section
60122 is amended--
(1) in subsection (a)(1)--
(A) in the first sentence by striking ``$100,000'' and
inserting ``$200,000''; and
(B) in the last sentence by striking ``$1,000,000'' and
inserting ``$2,000,000''; and
(2) in subsection (b)(1)(B) by striking ``the ability to
pay,''.
(b) Operator Assistance in Investigations.--Section
60118(e) is amended to read as follows:
``(e) Operator Assistance in Investigations.--
``(1) Assistance and access.--If the Secretary or the
National Transportation Safety Board investigates an accident
or incident 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 or incident, including integrity management plans
and test results; and
``(B) afford all reasonable assistance in the investigation
of the accident or incident.
``(2) Operator assistance in investigations.--
``(A) In general.--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) Obstructs defined.--
``(i) In general.--In this paragraph, 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) Good cause.--In clause (i), the term `good cause'
may include actions such as restricting access to facilities
that are not secure or safe for nonpipeline personnel or
visitors.''.
(c) Administrative Penalty Caps Inapplicable.--Section
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 Orders.--
Section 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''.
SEC. 3. PIPELINE DAMAGE PREVENTION.
(a) Minimum Standards for State One-Call Notification
Programs.--Section 6103(a) is amended to read as follows:
``(a) Minimum Standards.--
``(1) In general.--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) Exemptions prohibited.--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 the one-call notification system
requirements of the program.''.
(b) State Damage Prevention Programs.--Section 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 the one-call
notification system requirements of the program.''.
(c) Effective Date.--The amendments made by this section
shall take effect 2 years after the date of enactment of this
Act.
(d) Excavation Damage.--
(1) Study.--The Secretary of Transportation shall conduct a
study on the impact of excavation damage on pipeline safety.
(2) Contents.--The study shall include--
(A) an analysis of the frequency and severity of different
types of excavation 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 excavation
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) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.
SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.
Section 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) In general.--Not later than 2 years after the date of
enactment of this subsection, and after considering the
factors specified in subsection (b)(2), the Secretary, if
appropriate, shall require by regulation 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) High-consequence area study.--
``(A) Study.--The Comptroller General of the United States
shall conduct a study on the ability of transmission pipeline
facility operators to respond to a hazardous liquid or gas
release from a pipeline segment located in a high-consequence
area.
``(B) Considerations.--In conducting the study, the
Comptroller General shall consider the swiftness of leak
detection and pipeline shutdown capabilities, the location of
the nearest response personnel, and the costs, risks, and
benefits of installing automatic and remote-controlled shut-
off valves.
``(C) Report.--Not later than 1 year after the date of
enactment of this subsection, the Comptroller General shall
submit to the Committee on Transportation and Infrastructure
and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.''.
SEC. 5. INTEGRITY MANAGEMENT.
(a) Evaluation.--Not later than 18 months 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) Factors.--In conducting the evaluation under subsection
(a), the Secretary shall consider, at a minimum, the
following:
(1) The continuing priority to enhance protections for
public safety.
(2) The continuing importance of reducing risk in high-
consequence areas.
(3) The incremental costs of applying integrity management
standards to pipelines outside of high-consequence areas
where operators are already conducting assessments beyond
what is required under chapter 601 of title 49, United States
Code.
(4) The need to undertake integrity management assessments
and repairs in a manner that is achievable and sustainable,
and that does not disrupt pipeline service.
(5) The options for phasing in the extension of integrity
management requirements beyond high-consequence areas,
including the most effective and efficient options for
decreasing risks to an increasing number of people living or
working in proximity to pipeline facilities.
(6) The appropriateness of applying repair criteria, such
as pressure reductions and special requirements for
scheduling remediation, to areas that are not high-
consequence areas.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report, based on the
evaluation conducted under subsection (a), containing the
Secretary's analysis and findings regarding--
[[Page H8944]]
(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) Data Reporting.--The Secretary shall collect any
relevant data necessary to complete the evaluation required
by subsection (a).
(e) Technical Correction.--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). The Secretary
may extend such deadline for an additional 6 months if the
operator submits written notice to the Secretary with
sufficient justification of the need for the extension.''.
(f) Rulemaking Requirements.--
(1) Review period defined.--In this subsection, the term
``review period'' means the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) the date that is 1 year after the date of completion of
the report under subsection (c); or
(B) the date that is 3 years after the date of enactment of
this Act.
(2) Congressional authority.--In order to provide Congress
the necessary time to review the results of the report
required by subsection (c) and implement appropriate
recommendations, the Secretary shall not, during the review
period, issue final regulations described in paragraph
(3)(B).
(3) Standards.--
(A) Findings.--As soon as practicable following the review
period, the Secretary shall issue final regulations described
in subparagraph (B), if the Secretary finds, in the report
required under subsection (c), that--
(i) integrity management system requirements, or elements
thereof, should be expanded beyond high-consequence areas;
and
(ii) with respect to gas transmission pipeline facilities,
applying integrity management program requirements, or
elements thereof, to additional areas would mitigate the need
for class location requirements.
(B) Regulations.--Regulations issued by the Secretary under
subparagraph (A), if any, shall--
(i) expand integrity management system requirements, or
elements thereof, beyond high-consequence areas; and
(ii) remove redundant class location requirements for gas
transmission pipeline facilities that are regulated under an
integrity management program adopted and implemented under
section 60109(c)(2) of title 49, United States Code.
(4) Savings clause.--
(A) In general.--Notwithstanding any other provision of
this subsection, the Secretary, during the review period, may
issue final regulations described in paragraph (3)(B), if the
Secretary determines that a condition that poses a risk to
public safety, property, or the environment is present or an
imminent hazard exists and that the regulations will address
the risk or hazard.
(B) Imminent hazard defined.--In subparagraph (A), the term
``imminent hazard'' means the existence of a condition
related to pipelines or pipeline operations that presents a
substantial likelihood that death, serious illness, severe
personal injury, or substantial endangerment to health,
property, or the environment may occur.
(g) Report to Congress on Risk-Based Pipeline Reassessment
Intervals.--Not 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 the reassessment interval specified in
section 60109(c)(3)(B) of title 49, United States Code;
(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 implementing the recommendations
in GAO Report 06-945 and the current relevance of those
recommendations that have not been implemented.
SEC. 6. PUBLIC EDUCATION AND AWARENESS.
(a) National Pipeline Mapping System.--Section 60132 is
amended by adding at the end the following:
``(d) Map of High-consequence Areas.--The Secretary shall--
``(1) maintain, as part of the National Pipeline Mapping
System, a map of designated high-consequence areas (as
described in section 60109(a)) in which pipelines are
required to meet integrity management program regulations,
excluding any proprietary or sensitive security information;
and
``(2) update the map biennially.
``(e) Program To Promote Awareness of National Pipeline
Mapping System.--Not later than 1 year after the date of
enactment of this subsection, 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) Guidance.--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) Consultation.--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.
(c) Response Plans.--
(1) In general.--Chapter 601 is amended by adding at the
end the following:
``Sec. 60138. Response plans
``(a) In General.--The Secretary of Transportation shall--
``(1) maintain on file a copy of the most recent response
plan (as defined in part 194 of title 49, Code of Federal
Regulations) prepared by an owner or operator of a pipeline
facility; and
``(2) provide upon written request to a person a copy of
the plan, which may exclude, as the Secretary determines
appropriate--
``(A) proprietary information;
``(B) security-sensitive information, including information
described in section 1520.5(a) of title 49, Code of Federal
Regulations;
``(C) specific response resources and tactical resource
deployment plans; and
``(D) the specific amount and location of worst case
discharges (as defined in part 194 of title 49, Code of
Federal Regulations), including the process by which an owner
or operator determines the worst case discharge.
``(b) Relationship to FOIA.--Nothing in this section may be
construed to require disclosure of information or records
that are exempt from disclosure under section 552 of title
5.''.
(2) Clerical amendment.--The analysis for chapter 601 is
amended by inserting after the item relating to section 60137
the following:
``60138. Response plans.''.
SEC. 7. CAST IRON GAS PIPELINES.
(a) Follow-Up Surveys.--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 adopting and implementing their plans
for the safe management and replacement of cast iron gas
pipelines.''.
(b) Status Report.--Not later than December 31, 2013, the
Secretary of Transportation shall transmit to the Committee
on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate 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.
SEC. 8. LEAK DETECTION.
(a) Leak Detection Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Energy
and Commerce of the House of Representatives a report on leak
detection systems utilized by operators of hazardous liquid
pipeline facilities and transportation-related flow lines.
(2) Contents.--The report shall include--
(A) an analysis of the technical limitations of current
leak detection systems, including the ability of the systems
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 practicability 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) Rulemaking Requirements.--
(1) Review period defined.--In this subsection, the term
``review period'' means the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) the date that is 1 year after the date of completion of
the report under subsection (a); or
(B) the date that is 2 years after the date of enactment of
this Act.
(2) Congressional authority.--In order to provide Congress
the necessary time to review the results of the report
required by subsection (a) and implement appropriate
recommendations, the Secretary, during the review period,
shall not issue final regulations described in paragraph (3).
(3) Standards.--As soon as practicable following the review
period, if the report required by subsection (a) finds that
it is practicable to establish technically, operationally,
and economically feasible standards for
[[Page H8945]]
the capability of leak detection systems to detect leaks, the
Secretary shall issue final regulations that--
(A) require operators of hazardous liquid pipeline
facilities to use leak detection systems where practicable;
and
(B) establish technically, operationally, and economically
feasible standards for the capability of such systems to
detect leaks.
(4) Savings clause.--
(A) In general.--Notwithstanding any other provision of
this subsection, the Secretary, during the review period, may
issue final regulations described in paragraph (3) if the
Secretary determines that a condition that poses a risk to
public safety, property, or the environment is present or an
imminent hazard exists and that the regulations will address
the risk or hazard.
(B) Imminent hazard defined.--In subparagraph (A), the term
``imminent hazard'' means the existence of a condition
related to pipelines or pipeline operations that presents a
substantial likelihood that death, serious illness, severe
personal injury, or substantial endangerment to health,
property, or the environment may occur.
SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION.
(a) Revision of Regulations.--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) Minimum Requirements.--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 at the earliest practicable moment following
confirmed discovery of an accident or incident and not later
than 1 hour following the time of such confirmed discovery;
(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 estimate of the amount
of the product released, an estimate of the number of
fatalities and injuries, if any, and any other information
determined appropriate by the Secretary within 48 hours of
the accident or incident, to the extent practicable.
(c) Updating of Reports.--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.
SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE
PLAN COMPLIANCE.
(a) In General.--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) Conforming Amendment.--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''.
SEC. 11. PIPELINE INFRASTRUCTURE DATA COLLECTION.
(a) In General.--Section 60132(a) is amended by adding at
the end the following:
``(4) Any other geospatial or technical data, including
design and material specifications, that the Secretary
determines are necessary to carry out the purposes of this
section. The Secretary shall give reasonable notice to
operators that the data are being requested.''.
(b) Disclosure Limited to FOIA Requirements.--Section
60132, as amended by this Act, is further amended by adding
at the end the following:
``(f) Public Disclosure Limited.--The Secretary may not
disclose information collected pursuant to subsection (a)
except to the extent permitted by section 552 of title 5.''.
SEC. 12. TRANSPORTATION-RELATED OIL FLOW LINES.
Section 60102, as amended by this Act, is further amended
by adding at the end the following:
``(o) Transportation-Related Oil Flow Lines.--
``(1) Data collection.--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 defined.--In
this subsection, the term `transportation-related oil flow
line' means a pipeline transporting oil off of the grounds of
the well where it originated and across areas not owned by
the producer, regardless of the extent to which the oil has
been processed, if at all.
``(3) Limitation.--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.''.
SEC. 13. COST RECOVERY FOR DESIGN REVIEWS.
(a) In General.--Section 60117(n) is amended to read as
follows:
``(n) Cost Recovery for Design Reviews.--
``(1) In general.--
``(A) Review costs.--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 gas or hazardous liquid pipeline
facility or liquefied natural gas pipeline facility,
including construction inspections and oversight, 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 paragraph, 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 paragraph. The
Secretary may not collect design safety review fees under
this paragraph and section 60301 for the same design safety
review.
``(B) Projects to which applicable.--Subparagraph (A)
applies to any project that--
``(i) has design and construction costs totaling at least
$2,500,000,000, as periodically adjusted by the Secretary to
take into account increases in the Consumer Price Index for
all-urban consumers published by the Department of Labor,
based on--
``(I) the cost estimate provided to the Federal Energy
Regulatory Commission in an application for a certificate of
public convenience and necessity for a gas pipeline facility
or an application for authorization for a liquefied natural
gas pipeline facility; or
``(II) a good faith estimate developed by the person
proposing a hazardous liquid pipeline facility and submitted
to the Secretary; or
``(ii) uses new or novel technologies or design, as
determined by the Secretary.
``(2) Notification.--For any new pipeline facility
construction project in 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. To
the maximum extent practicable, not later than 90 days after
receiving such design specifications, construction plans and
procedures, and related materials, the Secretary shall
provide written comments, feedback, and guidance on the
project.
``(3) Pipeline safety design review fund.--
``(A) Establishment.--There is established a Pipeline
Safety Design Review Fund in the Treasury of the United
States.
``(B) Deposits.--The Secretary shall deposit funds paid
under this subsection into the Fund.
``(C) Use.--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 authority.--Nothing in this
subsection may 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) Guidance.--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)(1)(B)(ii) of title 49, United States Code, as
amended by subsection (a) of this section.
SEC. 14. BIOFUEL PIPELINES.
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) nonpetroleum fuel, including biofuel, that is
flammable, toxic, or corrosive or would be harmful to the
environment if released in significant quantities; and''.
SEC. 15. CARBON DIOXIDE PIPELINES.
Section 60102(i) is amended--
(1) by striking ``The Secretary shall regulate'' and
inserting the following:
``(1) Transportation in liquid state.--The Secretary shall
regulate''.
(2) by adding at the end the following new paragraph:
``(2) Transportation in gaseous state.--
``(A) Minimum safety standards.--The Secretary shall
prescribe minimum safety standards for the transportation of
carbon dioxide by pipeline in a gaseous state.
``(B) Considerations.--In establishing the standards, the
Secretary shall consider whether applying the minimum safety
standards in part 195 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of this
paragraph, for the transportation of carbon dioxide in a
liquid state to the transportation of carbon dioxide in a
gaseous state would ensure safety.
``(3) Limitation on statutory construction.--Nothing in
this subsection authorizes the Secretary to regulate piping
or equipment used in the production, extraction, recovery,
lifting, stabilization, separation, or treatment of carbon
dioxide or the preparation of carbon dioxide for
transportation by
[[Page H8946]]
pipeline at production, refining, or manufacturing
facilities.''.
SEC. 16. STUDY OF TRANSPORTATION OF DILUTED BITUMEN.
Not 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 the regulations are
sufficient to regulate pipeline facilities used for the
transportation of diluted bitumen. In conducting the review,
the Secretary shall conduct an analysis of whether any
increase in the risk of a release exists for pipeline
facilities transporting diluted bitumen. The Secretary shall
report the results of the review to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives.
SEC. 17. STUDY OF NONPETROLEUM HAZARDOUS LIQUIDS TRANSPORTED
BY PIPELINE.
The Secretary of Transportation may conduct an analysis of
the transportation of nonpetroleum hazardous liquids by
pipeline facility for the purpose of identifying the extent
to which pipeline facilities are currently being used to
transport nonpetroleum 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 Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives.
SEC. 18. CLARIFICATIONS.
(a) Inspection and Maintenance.--Section 60108(a)(1) is
amended by striking ``an intrastate'' and inserting ``a''.
(b) Owner and Operator.--Section 60102(a)(2)(A) is amended
by striking ``owners and operators'' and inserting ``any or
all of the owners or operators''.
SEC. 19. MAINTENANCE OF EFFORT.
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 waiver to a State if the State
can demonstrate an inability to maintain or increase the
required funding share of its 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.''.
SEC. 20. ADMINISTRATIVE ENFORCEMENT PROCESS.
(a) Issuance of Regulations.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
issue regulations--
(A) requiring hearings under sections 60112, 60117, 60118,
and 60122 of title 49, United States Code, to be convened
before a presiding official;
(B) providing the opportunity for any person requesting a
hearing under section 60112, 60117, 60118, or 60122 of such
title to arrange for a transcript of the hearing, at the
expense of the requesting person;
(C) ensuring expedited review of any order issued pursuant
to section 60112(e) of such title;
(D) implementing a separation of functions between
personnel involved with the investigation and prosecution of
an enforcement case and advising the Secretary on findings
and determinations; and
(E) prohibiting ex-parte communication relevant to the
question to be decided in such a case by parties to an
investigation or hearing.
(2) Presiding official.--The regulations issued 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 be an attorney on
the staff of the Deputy Chief Counsel of the Pipeline and
Hazardous Materials Safety Administration 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) Expedited review.--The regulations issued under this
subsection shall define the term ``expedited review'' for the
purposes of paragraph (1)(C).
(b) Standards of Judicial Review.--Section 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.''.
SEC. 21. GAS AND HAZARDOUS LIQUID GATHERING LINES.
(a) Review.--The Secretary of Transportation shall conduct
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) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
review.
(2) Recommendations.--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) the economic impacts, technical practicability, and
challenges of applying existing Federal regulations to
gathering lines that are not currently 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.
(c) Offshore Gathering Lines.--Section 60108(c) is amended
by adding at the end the following:
``(8) If, after reviewing existing Federal and State
regulations for hazardous liquid gathering lines located
offshore in the United States, including within the inlets of
the Gulf of Mexico, the Secretary determines it is
appropriate, the Secretary shall issue regulations, after
notice and an opportunity for a hearing, subjecting offshore
hazardous liquid gathering lines and hazardous liquid
gathering lines located within the inlets of the Gulf of
Mexico to the same standards and regulations as other
hazardous liquid gathering lines. The regulations issued
under this paragraph shall not apply to production pipelines
or flow lines.''.
SEC. 22. EXCESS FLOW VALVES.
Section 60109(e)(3) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) Distribution branch services, multifamily facilities,
and small commercial facilities.--Not later than 2 years
after the date of enactment of the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011, and after
issuing a final report on the evaluation of the National
Transportation Safety Board's recommendation on excess flow
valves in applications other than service lines serving one
single family residence, the Secretary, if appropriate, shall
by regulation require the use of excess flow valves, or
equivalent technology, where economically, technically, and
operationally feasible on new or entirely replaced
distribution branch services, multifamily facilities, and
small commercial facilities.''.
SEC. 23. MAXIMUM ALLOWABLE OPERATING PRESSURE.
(a) In General.--Chapter 601, as amended by this Act, is
further amended by adding at the end the following:
``Sec. 60139. Maximum allowable operating pressure
``(a) Verification of Records.--
``(1) In general.--The Secretary of Transportation shall
require each owner or operator of a pipeline facility to
conduct, not later than 6 months after the date of enactment
of this section, a verification of the records of the owner
or operator relating to the interstate and intrastate gas
transmission pipelines of the owner or operator in class 3
and class 4 locations and class 1 and class 2 high-
consequence areas.
``(2) Purpose.--The purpose of the verification shall be to
ensure that the records accurately reflect the physical and
operational characteristics of the pipelines described in
paragraph (1) and confirm the established maximum allowable
operating pressure of the pipelines.
``(3) Elements.--The verification process under this
subsection shall include such elements as the Secretary
considers appropriate.
``(b) Reporting.--
``(1) Documentation of certain pipelines.--Not later than
18 months after the date of enactment of this section, each
owner or operator of a pipeline facility shall identify and
submit to the Secretary documentation relating to each
pipeline segment of the owner or operator described in
subsection (a)(1) for which the records of the owner or
operator are insufficient to confirm the established maximum
allowable operating pressure of the segment.
``(2) Exceedances of maximum allowable operating
pressure.--If there is an exceedance of the maximum allowable
operating pressure with respect to a gas transmission
pipeline of an owner or operator of a pipeline facility that
exceeds the build-up allowed for operation of pressure-
limiting or control devices, the owner or operator shall
report the exceedance to the Secretary and appropriate State
authorities on or before the 5th day following the date on
which the exceedance occurs.
``(c) Determination of Maximum Allowable Operating
Pressure.--
``(1) In general.--In the case of a transmission line of an
owner or operator of a pipeline facility identified under
subsection (b)(1), the Secretary shall--
[[Page H8947]]
``(A) require the owner or operator to reconfirm a maximum
allowable operating pressure as expeditiously as economically
feasible; and
``(B) determine what actions are appropriate for the
pipeline owner or operator to take to maintain safety until a
maximum allowable operating pressure is confirmed.
``(2) Interim actions.--In determining the actions for an
owner or operator of a pipeline facility to take under
paragraph (1)(B), the Secretary shall take into account
potential consequences to public safety and the environment,
potential impacts on pipeline system reliability and
deliverability, and other factors, as appropriate.
``(d) Testing Regulations.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall issue
regulations for conducting tests to confirm the material
strength of previously untested natural gas transmission
pipelines located in high-consequence areas and operating at
a pressure greater than 30 percent of specified minimum yield
strength.
``(2) Considerations.--In developing the regulations, the
Secretary shall consider safety testing methodologies,
including, at a minimum--
``(A) pressure testing; and
``(B) other alternative methods, including in-line
inspections, determined by the Secretary to be of equal or
greater effectiveness.
``(3) Completion of testing.--The Secretary, in
consultation with the Chairman of the Federal Energy
Regulatory Commission and State regulators, as appropriate,
shall establish timeframes for the completion of such testing
that take into account potential consequences to public
safety and the environment and that minimize costs and
service disruptions.
``(e) High-consequence Area Defined.--In this section, the
term `high-consequence area' means an area described in
section 60109(a).''.
(b) Clerical Amendment.--The analysis for chapter 601 is
amended by inserting after the item relating to section 60138
the following:
``60139. Maximum allowable operating pressure.''.
SEC. 24. LIMITATION ON INCORPORATION OF DOCUMENTS BY
REFERENCE.
Section 60102, as amended by this Act, is further amended
by adding at the end the following:
``(p) Limitation on Incorporation of Documents by
Reference.--Beginning 1 year after the date of enactment of
this subsection, the Secretary may not issue guidance or a
regulation pursuant to this chapter that incorporates by
reference any documents or portions thereof unless the
documents or portions thereof are made available to the
public, free of charge, on an Internet Web site.''.
SEC. 25. PIPELINE SAFETY TRAINING FOR STATE AND LOCAL
GOVERNMENT PERSONNEL.
(a) In General.--To further the objectives of chapter 601
of title 49, United States Code, the Secretary of
Transportation may provide the services of personnel from the
Pipeline and Hazardous Materials Safety Administration to
provide training for State and local government personnel at
a pipeline safety training facility that is established and
operated by an agency or instrumentality of the United
States, a unit of State or local government, or an
educational institution.
(b) Reimbursements for Training Expenditures.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary may require reimbursement from sources
other than the Federal Government for all expenses incurred
by the Secretary in providing training for State and local
government personnel under subsection (a), including
salaries, expenses, transportation for Pipeline and Hazardous
Materials Safety Administration personnel, and the cost of
training materials.
(2) Authorization of appropriations.--Amounts collected as
reimbursement under paragraph (1) are authorized to be
appropriated for the purposes set forth in chapter 601 of
title 49, United States Code.
SEC. 26. REPORT ON MINORITY-OWNED, WOMAN-OWNED, AND
DISADVANTAGED BUSINESSES.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States, based upon
available information, shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives a comprehensive report assessing the levels
and types of participation and methods of facilitating the
participation of minority-owned business enterprises, woman-
owned business enterprises, and disadvantaged business
enterprises in the construction and operation of pipeline
facilities in the United States.
SEC. 27. REPORT ON PIPELINE PROJECTS.
(a) Study.--The Comptroller General of the United States
shall conduct a comprehensive study regarding the process for
obtaining Federal and State permits for projects to construct
pipeline facilities.
(b) Evaluation.--In conducting the study, the Comptroller
General shall evaluate how long it takes to issue permits for
pipeline construction projects, the relationship between the
States and the Federal Government in issuing such permits,
and any recommendations from the States for improving the
permitting process.
(c) Consultation.--In conducting the study, the Comptroller
General shall consult with the Committee on Transportation
and Infrastructure and the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.
SEC. 28. COVER OVER BURIED PIPELINES.
(a) In General.--Chapter 601, as amended by this Act, is
further amended by adding at the end the following:
``Sec. 60140. Cover over buried pipelines
``(a) Hazardous Liquid Pipeline Incidents Involving Buried
Pipelines.--
``(1) Study.--The Secretary of Transportation shall conduct
a study of hazardous liquid pipeline incidents at crossings
of inland bodies of water with a width of at least 100 feet
from high water mark to high water mark to determine if the
depth of cover over the buried pipeline was a factor in any
accidental release of hazardous liquids.
``(2) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall transmit to
the Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.
``(b) Assessment of Current Requirements for Depth of Cover
Over Buried Pipelines.--
``(1) In general.--If, following completion of the study
under subsection (a), the Secretary finds that the depth of
cover over buried pipelines is a contributing factor in the
accidental release of hazardous liquids from the pipelines,
the Secretary, not later than 1 year after the date of
completion of the study, shall review and determine the
sufficiency of current requirements for the depth of cover
over buried pipelines.
``(2) Legislative recommendations.--
``(A) Development.--If the Secretary determines under
paragraph (1) that the current requirements for the depth of
cover over buried pipelines are insufficient, the Secretary
shall develop legislative recommendations for improving the
safety of buried pipelines at crossings of inland bodies of
water with a width of at least 100 feet from high water mark
to high water mark.
``(B) Consideration of factors.--In developing legislative
recommendations under subparagraph (A), the Secretary shall
consider the factors specified in section 60102(b)(2).
``(C) Report to congress.--If the Secretary develops
legislative recommendations under subparagraph (A), the
Secretary shall submit to the committees referred to in
subsection (a)(2) a report containing the legislative
recommendations.''.
(b) Clerical Amendment.--The analysis for chapter 601 is
amended by inserting after the item relating to section 60139
the following:
``60140. Cover over buried pipelines.''.
SEC. 29. SEISMICITY.
In identifying and evaluating all potential threats to each
pipeline segment pursuant to parts 192 and 195 of title 49,
Code of Federal Regulations, an operator of a pipeline
facility shall consider the seismicity of the area.
SEC. 30. TRIBAL CONSULTATION FOR PIPELINE PROJECTS.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall develop and
implement a protocol for consulting with Indian tribes to
provide technical assistance for the regulation of pipelines
that are under the jurisdiction of Indian tribes.
SEC. 31. PIPELINE INSPECTION AND ENFORCEMENT NEEDS.
(a) Inspection and Enforcement Needs.--Not later than 12
months after the date of enactment of this Act, the Secretary
of Transportation shall submit to the Committee on
Transportation and Infrastructure and the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that provides information on--
(1) the total number of full-time equivalent positions for
pipeline inspection and enforcement personnel at the Pipeline
and Hazardous Materials Safety Administration;
(2) out of the total number of such positions, how many of
the positions are not filled and the reasons why the
positions are not filled;
(3) the actions the Administrator of the Pipeline and
Hazardous Materials Safety Administration is taking to fill
the positions; and
(4) any additional inspection and enforcement resource
needs of the Pipeline and Hazardous Materials Safety
Administration.
(b) Staffing.--Subject to the availability of funds, the
Secretary may increase the number of positions for pipeline
inspection and enforcement personnel at the Pipeline and
Hazardous Materials Safety Administration by 10 full-time
equivalent employees, if--
[[Page H8948]]
(1) on or before September 30, 2014, the Secretary fills
the 135 full-time equivalent positions for pipeline
inspection and enforcement personnel specified in section
18(e) of the Pipeline Inspection, Protection, Enforcement,
and Safety Act of 2006 (120 Stat. 3498); and
(2) in preparing the report under subsection (a), the
Secretary finds that additional pipeline inspection and
enforcement personnel are necessary.
SEC. 32. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125(a) is amended
to read as follows:
``(a) Gas and Hazardous Liquid.--
``(1) In general.--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, $90,679,000, of which $4,746,000 is for
carrying out such section 12 and $36,194,000 is for making
grants.
``(2) Trust fund amounts.--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),
$18,573,000, of which $2,174,000 is for carrying out such
section 12 and $4,558,000 is for making grants.''.
(b) Emergency Response Grants.--Section 60125(b)(2) is
amended by striking ``2007 through 2010'' and inserting
``2012 through 2015''.
(c) One-Call Notification Programs.--Section 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 Programs.--Section 60134 is
amended by adding at the end the following:
``(i) Authorization of Appropriations.--There 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 Grants.--Section
60130 is amended--
(1) in subsection (a)(1) by striking ``$50,000'' and
inserting ``$100,000'';
(2) in subsection (b)--
(A) by inserting ``to grant recipients and their
contractors'' after ``this section''; and
(B) by inserting ``, for direct advocacy for or against a
pipeline construction or expansion project,'' after ``for
lobbying''; and
(3) in subsection (d) by striking ``$1,000,000 for each of
the fiscal years 2003 through 2010'' and inserting
``$1,500,000 for each of fiscal years 2012 through 2015''.
(f) Pipeline Transportation Research and Development.--
Section 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) In general.--After the initial 5-year program plan
has been carried out by the participating agencies, the
Secretary of Transportation, in coordination with the
Director of the National Institute of Standards and
Technology, as appropriate, 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. The
biennial report shall include a summary of updated research
needs and priorities identified through the consultation
requirements of paragraph (2).
``(B) Consultation.--The Secretary shall comply with the
consultation requirements of paragraph (2) when preparing the
program plan and in the selection and prioritization of
research and development projects.
``(C) Funding from non-federal sources.--The Secretary
shall ensure at least 30 percent of the costs of program-wide
research and development activities are carried out using
non-Federal sources.''.
(2) in subsection (f) by striking ``2003 through 2006.''
and inserting ``2012 through 2015.''.
The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.
____________________