S 234 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 234CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 31, 2011CommentsClose CommentsPermalink

Mr. REID (for Mrs. FEINSTEIN (for herself and Mrs. BOXER)) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Strengthening Pipeline Safety and Enforcement Act of 2011’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. References to title 49, United States Code.CommentsClose CommentsPermalink





Sec. 3. Additional resources for Pipeline and Hazardous Materials Safety Administration.CommentsClose CommentsPermalink





Sec. 4. Civil penalties.CommentsClose CommentsPermalink





Sec. 5. Collection of data on transportation-related oil flow lines.CommentsClose CommentsPermalink





Sec. 6. Required installation and use in pipelines of remotely or automatically controlled valves.CommentsClose CommentsPermalink





Sec. 7. Standards for natural gas pipeline leak detection.CommentsClose CommentsPermalink





Sec. 8. Verification of maximum allowable operating pressure.CommentsClose CommentsPermalink





Sec. 9. Considerations for identification of high consequence areas.CommentsClose CommentsPermalink





Sec. 10. Regulation by Secretary of Transportation of gas and hazardous liquid gathering lines.CommentsClose CommentsPermalink





Sec. 11. Inclusion of non-petroleum fuels and biofuels in definition of hazardous liquid.CommentsClose CommentsPermalink





Sec. 12. Required periodic inspection of pipelines by instrumented internal inspection devices.CommentsClose CommentsPermalink





Sec. 13. Minimum safety standards for transportation of carbon dioxide by pipeline.CommentsClose CommentsPermalink





Sec. 14. Cost recovery for pipeline design reviews by Secretary of Transportation.CommentsClose CommentsPermalink





Sec. 15. International cooperation and consultation on pipeline safety and regulation.CommentsClose CommentsPermalink





Sec. 16. Waivers of pipeline standards by Secretary of Transportation.CommentsClose CommentsPermalink





Sec. 17. Collection of data on pipeline infrastructure for national pipeline mapping system.CommentsClose CommentsPermalink





Sec. 18. Study of non-petroleum hazardous liquids transported by pipeline.CommentsClose CommentsPermalink





Sec. 19. Clarification of provisions of law relating to pipeline safety.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) not fewer than 25 full-time equivalent employees shall be added in fiscal year 2011;CommentsClose CommentsPermalink





(2) not fewer than 25 full-time equivalent employees shall be added in fiscal year 2012;CommentsClose CommentsPermalink





(3) not fewer than 25 full-time equivalent employees shall be added in fiscal year 2013; andCommentsClose CommentsPermalink





(4) not fewer than 25 full-time equivalent employees shall be added in fiscal year 2014.CommentsClose CommentsPermalink





(b) Functions- In increasing the number of employees under subsection (a), the Secretary shall focus on hiring employees--CommentsClose CommentsPermalink





(1) to conduct data collection, analysis, and reporting;CommentsClose CommentsPermalink





(2) to develop, implement, and update information technology;CommentsClose CommentsPermalink





(3) to conduct inspections of pipeline facilities to determine compliance with applicable regulations and standards;CommentsClose CommentsPermalink





(4) to provide administrative, legal, and other support for pipeline enforcement activities; andCommentsClose CommentsPermalink





(5) to support the overall pipeline safety mission of the Pipeline and Hazardous Materials Safety Administration, including training pipeline enforcement personnel.CommentsClose CommentsPermalink

SEC. 4. CIVIL PENALTIES.

(a) Penalties for Major Consequence Violations- Section 60122 is amended by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Penalties for Major Consequence Violations-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) SEPARATE VIOLATIONS- A separate violation occurs for each day the violation continues.CommentsClose CommentsPermalink





‘(3) MAXIMUM CIVIL PENALTY- The maximum civil penalty under this subsection for a related series of major consequence violations is $2,500,000.CommentsClose CommentsPermalink





‘(4) DEFINITION- In this subsection, the term ‘major consequence violation’ means a violation that contributed to an incident resulting in any of the following:CommentsClose CommentsPermalink





‘(A) One or more deaths.CommentsClose CommentsPermalink





‘(B) One or more injuries or illnesses requiring hospitalization.CommentsClose CommentsPermalink





‘(C) Environmental harm exceeding $250,000 in estimated damage to the environment including property loss.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Penalty for Obstruction of Inspections and Investigations- Section 60118(e) is amended--CommentsClose CommentsPermalink





(1) by striking ‘If the Secretary’ and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- If the Secretary’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(c) Nonapplicability of Administrative Penalty Caps- Section 60120 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(d) Judicial Review of Administrative Enforcement Orders-CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The heading for section 60119(a) is amended to read as follows: ‘Review of Regulations, Orders, and Other Final Agency Actions’.CommentsClose CommentsPermalink

SEC. 5. COLLECTION OF DATA ON TRANSPORTATION-RELATED OIL FLOW LINES.

Section 60102 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(n) Collection of Data on Transportation-Related Oil Flow Lines-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) CONSTRUCTION- Nothing in this subsection may be construed to authorize the Secretary to prescribe standards for the movement of oil through--CommentsClose CommentsPermalink





‘(A) production, refining, or manufacturing facilities; orCommentsClose CommentsPermalink





‘(B) oil production flow lines located on the grounds of production facilities.’.CommentsClose CommentsPermalink

SEC. 6. REQUIRED INSTALLATION AND USE IN PIPELINES OF REMOTELY OR AUTOMATICALLY CONTROLLED VALVES.

Section 60102(j) is amended by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) REMOTELY OR AUTOMATICALLY CONTROLLED VALVES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 18 months after the date of the enactment of the Strengthening Pipeline Safety and Enforcement Act of 2011, 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.CommentsClose CommentsPermalink





‘(B) CONSULTATIONS- In developing regulations prescribed in accordance with subparagraph (A), the Secretary shall consult with appropriate groups from the gas pipeline industry and pipeline safety experts.’.CommentsClose CommentsPermalink

SEC. 7. STANDARDS FOR NATURAL GAS PIPELINE LEAK DETECTION.

Section 60102, as amended by sections 5, is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(o) Natural Gas Leak Detection- Not later than 1 year after the date of the enactment of the Strengthening Pipeline Safety and Enforcement Act of 2011, 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.’.CommentsClose CommentsPermalink

SEC. 8. VERIFICATION OF MAXIMUM ALLOWABLE OPERATING PRESSURE.

Section 60102, as amended by sections 5 and 7, is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(p) Verification of Maximum Allowable Operating Pressure-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT OF RECORDS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 6 months after the date of the enactment of the Strengthening Pipeline Safety and Enforcement Act of 2011, the Secretary shall require pipeline operators to submit to the Secretary a traceable, verifiable, and complete record of all interstate and intrastate natural gas transmission lines in class 3 and class 4 locations and class 1 and class 2 high consequence areas that have not had a maximum allowable operating pressure established through prior, verifiable pressure hydrostatic testing or an equivalent pressure testing method.CommentsClose CommentsPermalink





‘(B) ELEMENTS- Each traceable, verifiable, and complete record under subparagraph (A) shall include, with respect to a transmission line, the following:CommentsClose CommentsPermalink





‘(i) As-built drawings.CommentsClose CommentsPermalink





‘(ii) Alignment sheets.CommentsClose CommentsPermalink





‘(iii) Specifications.CommentsClose CommentsPermalink





‘(iv) All design, construction, inspection, testing, maintenance, and other related records relating to transmission line system components, such as pipe segments, valves, fittings, and weld seams.CommentsClose CommentsPermalink





‘(v) Such other elements as the Secretary considers appropriate.CommentsClose CommentsPermalink





‘(2) ESTABLISHMENT OF MAXIMUM ALLOWABLE OPERATING PRESSURE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 9 months after the date of the enactment of the Strengthening Pipeline Safety and Enforcement Act of 2011, the Secretary shall require the operator of each natural gas transmission line described in paragraph (1)(A) to determine the maximum allowable operating pressure for the transmission line based on the weakest section of the transmission line or component thereof.CommentsClose CommentsPermalink





‘(B) USE OF TRACEABLE, VERIFIABLE, AND COMPLETE RECORD- In establishing the maximum allowable operating pressure of a transmission line under subparagraph (A), the operator shall use the traceable, verifiable, and complete record required for such transmissions line under paragraph (1).CommentsClose CommentsPermalink





‘(C) LIMITATION- A new maximum allowable operating pressure established under this paragraph for a transmission line shall not be higher than the maximum pressure at which the transmission line has operated previously.CommentsClose CommentsPermalink





‘(3) MANDATORY PRESSURE TESTING- For any segment of a transmission line described in paragraph (1)(A) for which a traceable, verifiable, and complete record is not available under paragraph (1) or for which a valid maximum allowable operating pressure cannot be established under paragraph (2), the Secretary shall require the operator of the transmission line to, not later than 5 years after the date of the enactment of the Strengthening Pipeline Safety and Enforcement Act of 2011--CommentsClose CommentsPermalink





‘(A) conduct a pressure test and a pressure spike test as expeditiously as economically feasible; orCommentsClose CommentsPermalink





‘(B) replace the transmission line segment.CommentsClose CommentsPermalink





‘(4) ESTABLISHMENT OF INTERIM MAXIMUM ALLOWABLE OPERATING PRESSURE- For any transmission line described in paragraph (1)(A) for which a traceable, verifiable, and complete record is not available under paragraph (1) or for which a valid maximum allowable operating pressure cannot be established under paragraph (2), the Secretary shall require the operator of the transmission line to establish an interim maximum allowable operating pressure for the transmission line that does not exceed 80 percent of the highest pressure at which the transmission line segment has previously operated, until a pressure test and a pressure spike test are completed under paragraph (3).’.CommentsClose CommentsPermalink

SEC. 9. CONSIDERATIONS FOR IDENTIFICATION OF HIGH CONSEQUENCE AREAS.

Section 60109 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g) Considerations for Identification of High Consequence Areas- In identifying high consequence areas under this section, the Secretary shall consider--CommentsClose CommentsPermalink





‘(1) the seismicity of the area;CommentsClose CommentsPermalink





‘(2) the age of the pipe; andCommentsClose CommentsPermalink





‘(3) whether the pipe at issue can be inspected using the most modern instrumented internal inspection devices.’.CommentsClose CommentsPermalink

SEC. 10. 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:CommentsClose CommentsPermalink





‘(21) ‘transporting gas’ means the gathering, transmission, or distribution of gas by pipeline, or the storage of gas, in interstate or foreign commerce.’.CommentsClose CommentsPermalink





(b) Hazardous Liquid Gathering Lines- Section 60101(a)(22)(B) is amended--CommentsClose CommentsPermalink





(1) by striking clause (i); andCommentsClose CommentsPermalink





(2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 11. INCLUSION OF NON-PETROLEUM FUELS AND BIOFUELS IN DEFINITION OF HAZARDOUS LIQUID.

Section 60101(a)(4) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) by redesignating subparagraph (B) as subparagraph (C); andCommentsClose CommentsPermalink





(3) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





‘(B) non-petroleum fuels, including biofuels that are flammable, toxic, corrosive, or would be harmful to the environment if released in significant quantities; and’.CommentsClose CommentsPermalink

SEC. 12. REQUIRED PERIODIC INSPECTION OF PIPELINES BY INSTRUMENTED INTERNAL INSPECTION DEVICES.

Section 60102(f) is amended by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) PERIODIC INSPECTIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 270 days after the date of the enactment of the Strengthening Pipeline Safety and Enforcement Act of 2011, the Secretary shall prescribe additional standards requiring the periodic inspection of each pipeline the operator of the pipeline identifies under section 60109.CommentsClose CommentsPermalink





‘(B) INSPECTION WITH INTERNAL INSPECTION DEVICE-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) detecting corrosion;CommentsClose CommentsPermalink





‘(II) detecting pipe stress;CommentsClose CommentsPermalink





‘(III) detecting seam and weld stress, weakness, or defect; andCommentsClose CommentsPermalink





‘(IV) otherwise providing for the safety of the pipeline.CommentsClose CommentsPermalink





‘(C) OPERATION UNDER HIGH PRESSURE- The Secretary shall prohibit a pipeline segment from operating above 80 percent of its maximum allowable operating pressure if the pipeline segment cannot be inspected--CommentsClose CommentsPermalink





‘(i) with a device described in clause (i) of subparagraph (B) in accordance with the standards prescribed pursuant to such clause; orCommentsClose CommentsPermalink





‘(ii) using an inspection method described in clause (ii) of such subparagraph in accordance with the standards prescribed pursuant to such clause.’.CommentsClose CommentsPermalink

SEC. 13. MINIMUM SAFETY STANDARDS FOR TRANSPORTATION OF CARBON DIOXIDE BY PIPELINE.

Subsection (i) of section 60102 is amended to read as follows:CommentsClose CommentsPermalink





‘(i) Pipelines Transporting Carbon Dioxide- Not later than 5 years after the date of the enactment of the Strengthening Pipeline Safety and Enforcement Act of 2011, the Secretary shall prescribe minimum safety standards for the transportation of carbon dioxide by pipeline in either a liquid or gaseous state.’.CommentsClose CommentsPermalink

SEC. 14. COST RECOVERY FOR PIPELINE DESIGN REVIEWS BY SECRETARY OF TRANSPORTATION.

Subsection (n) of section 60117 is amended to read as follows:CommentsClose CommentsPermalink





‘(n) Cost Recovery for Design Reviews-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) a fee structure and assessment methodology that is based on the costs of providing such reviews; andCommentsClose CommentsPermalink





‘(B) procedures to collect fees.CommentsClose CommentsPermalink





‘(3) ADDITIONAL AUTHORITY- This authority is in addition to the authority provided under section 60301.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(5) PIPELINE SAFETY DESIGN REVIEW FUND-CommentsClose CommentsPermalink





‘(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’).CommentsClose CommentsPermalink





‘(B) ELEMENTS- There shall be deposited in the fund the following, which shall constitute the assets of the Fund:CommentsClose CommentsPermalink





‘(i) Amounts paid into the Fund under any provision of law or regulation established by the Secretary imposing fees under this subsection.CommentsClose CommentsPermalink





‘(ii) All other amounts received by the Secretary incident to operations relating to reviews described in paragraph (1).CommentsClose CommentsPermalink





‘(C) USE OF FUNDS- The Fund shall be available to the Secretary, without fiscal year limitation, to carry out the provisions of this chapter.’.CommentsClose CommentsPermalink

SEC. 15. INTERNATIONAL COOPERATION AND CONSULTATION ON PIPELINE SAFETY AND REGULATION.

Section 60117 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(o) International Cooperation and Consultation-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 16. WAIVERS OF PIPELINE STANDARDS BY SECRETARY OF TRANSPORTATION.

(a) Nonemergency Waivers- Paragraph (1) of section 60118(c) is amended to read as follows:CommentsClose CommentsPermalink





‘(1) NONEMERGENCY WAIVERS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) CONSIDERATIONS- In determining whether to grant a waiver under subparagraph (A), the Secretary shall consider--CommentsClose CommentsPermalink





‘(i) the fitness of the applicant to conduct the activity authorized by the waiver in a manner that is consistent with pipeline safety;CommentsClose CommentsPermalink





‘(ii) the applicant’s compliance history;CommentsClose CommentsPermalink





‘(iii) the applicant’s accident history; andCommentsClose CommentsPermalink





‘(iv) any other information the Secretary considers relevant to making the determination.CommentsClose CommentsPermalink





‘(C) EFFECTIVE PERIOD-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(D) PUBLIC NOTICE AND HEARING- The Secretary may waive compliance under subparagraph (A) only after public notice and hearing, which may consist of--CommentsClose CommentsPermalink





‘(i) publication of notice in the Federal Register that an application for a waiver has been filed; andCommentsClose CommentsPermalink





‘(ii) providing the public with the opportunity to review and comment on the application.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) failure of the recipient to comply with the terms or conditions of the waiver;CommentsClose CommentsPermalink





‘(ii) intervening changes in Federal law;CommentsClose CommentsPermalink





‘(iii) a material change in circumstances affecting safety; including erroneous information in the application; andCommentsClose CommentsPermalink





‘(iv) such other reasons as the Secretary considers appropriate.’.CommentsClose CommentsPermalink





(b) Fees- Section 60118(c) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) FEES-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) PROCEDURES- The Secretary shall prescribe procedures for the collection of fees under subparagraph (A).CommentsClose CommentsPermalink





‘(C) ADDITIONAL AUTHORITY- The authority provided under subparagraph (A) is in addition to the authority provided under section 60301.CommentsClose CommentsPermalink





‘(D) PIPELINE SAFETY SPECIAL PERMIT FUND-CommentsClose CommentsPermalink





‘(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’).CommentsClose CommentsPermalink





‘(ii) ELEMENTS- There shall be deposited in the Fund the following, which shall constitute the assets of the Fund:CommentsClose CommentsPermalink





‘(I) Amounts paid into the Fund under any provision of law or regulation established by the Secretary imposing fees under this paragraph.CommentsClose CommentsPermalink





‘(II) All other amounts received by the Secretary incident to operations relating to activities described in subparagraph (A).CommentsClose CommentsPermalink





‘(iii) USE OF FUNDS- The Fund shall be available to the Secretary, without fiscal year limitation, to process applications for waivers under this subsection.’.CommentsClose CommentsPermalink

SEC. 17. COLLECTION OF DATA ON PIPELINE INFRASTRUCTURE FOR NATIONAL PIPELINE MAPPING SYSTEM.

Section 60132 is amended--CommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(2) in subsection (a), by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(d) Notice- The Secretary shall give reasonable notice to the operator of a pipeline facility of any data being requested under this section.’.CommentsClose CommentsPermalink

SEC. 18. 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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 19. 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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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.’.CommentsClose CommentsPermalink