U.S. Congress - Text of S.275 as Engrossed in Senate Pipeline Transportation Safety Improvement Act of 2011
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Donate NowS.275 - Pipeline Transportation Safety Improvement Act of 2011
A bill to amend title 49, United States Code, to provide for enhanced safety and environmental protection in pipeline transportation, to provide for enhanced reliability in the transportation of the Nation's energy products by pipeline, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in Senate | 5,440 | n/a | n/a |
| Reported in Senate | 11,663 | 103 | 27% |
| Engrossed in Senate | 6,510 | 28 Show Changes Hide Changes | 53% |
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S 275 RS Calendar No. 96
112th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 275CommentsClose CommentsPermalink
To amend title 49, United States Code, to provide for enhanced safety and environmental protection in pipeline transportation, to provide for enhanced reliability in the transportation of the Nation’s 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
[Struck out->]SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE; TABLE OF CONTENTS.[<-Struck out][Struck out->](a) Short Title- This Act may be cited as the ‘Pipeline Transportation Safety Improvement Act of 2011’.[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](c) Table of Contents- The table of contents for this Act is as follows:[<-Struck out]
[Struck out->]Sec. 1. Short title; Amendment of Title 49, United States Code; table of contents.[<-Struck out]
[Struck out->]Sec. 2. Civil penalties.[<-Struck out]
[Struck out->]Sec. 3. Pipeline damage prevention.[<-Struck out]
[Struck out->]Sec. 4. Offshore gathering pipelines.[<-Struck out]
[Struck out->]Sec. 5. Automatic and remote-controlled shut-off valves.[<-Struck out]
[Struck out->]Sec. 6. Excess flow valves.[<-Struck out]
[Struck out->]Sec. 7. Integrity management.[<-Struck out]
[Struck out->]Sec. 8. Public education and awareness.[<-Struck out]
[Struck out->]Sec. 9. Government Accountability Office report.[<-Struck out]
[Struck out->]Sec. 10. Leak detection.[<-Struck out]
[Struck out->]Sec. 11. Incident notification.[<-Struck out]
[Struck out->]Sec. 12. Transportation-related onshore facility response plan compliance.[<-Struck out]
[Struck out->]Sec. 13. Pipeline infrastructure data collection.[<-Struck out]
[Struck out->]Sec. 14. International cooperation and consultation.[<-Struck out]
[Struck out->]Sec. 15. Gas and hazardous liquid gathering lines.[<-Struck out]
[Struck out->]Sec. 16. Transportation related oil flow lines.[<-Struck out]
[Struck out->]Sec. 17. Alaska project coordination.[<-Struck out]
[Struck out->]Sec. 18. Cost recovery for design reviews.[<-Struck out]
[Struck out->]Sec. 19. Special permits.[<-Struck out]
[Struck out->]Sec. 20. Biofuel pipelines.[<-Struck out]
[Struck out->]Sec. 21. Carbon dioxide pipelines.[<-Struck out]
[Struck out->]Sec. 22. Study of transportation of tar sands crude oil.[<-Struck out]
[Struck out->]Sec. 23. Study of non-petroleum hazardous liquids transported by pipeline.[<-Struck out]
[Struck out->]Sec. 24. Clarifications.[<-Struck out]
[Struck out->]Sec. 25. Additional resources.[<-Struck out]
[Struck out->]Sec. 26. Maintenance of effort.[<-Struck out]
[Struck out->]Sec. 27. Authorization of appropriations.[<-Struck out]
[Struck out->]SEC. 2. CIVIL PENALTIES.[<-Struck out][Struck out->](a) Penalty Considerations; Major Consequence Violations- Section 60122 is amended--[<-Struck out]
[Struck out->](1) by striking ‘the ability to pay,’ in subsection (b)(1)(B);[<-Struck out]
[Struck out->](2) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and[<-Struck out]
[Struck out->](3) by inserting after subsection (b) the following:[<-Struck out]
[Struck out->]
‘(c) Penalties for Major Consequence Violations-[<-Struck out]
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‘(1) IN GENERAL- A person that the Secretary of Transportation decides, after written notice and an opportunity for a hearing, has committed a major consequence violation of section 60114(b), 60114(d), or 60118(a) of this title or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of not more than $250,000 for each violation. A separate violation occurs for each day the violation continues. The maximum civil penalty under this paragraph for a related series of major consequence violations is $2,500,000.[<-Struck out]
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‘(2) PENALTY CONSIDERATIONS- In determining the amount of a civil penalty for a major consequence violation under this subsection, the Secretary shall consider the factors prescribed in subsection (b).[<-Struck out]
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‘(3) MAJOR CONSEQUENCE VIOLATION DEFINED- In this subsection, the term ‘major consequence violation’ means a violation that contributed to an incident resulting in--[<-Struck out]
[Struck out->]
‘(A) 1 or more deaths;[<-Struck out]
[Struck out->]
‘(B) 1 or more injuries or illnesses requiring in-patient hospitalization; or[<-Struck out]
[Struck out->]
‘(C) environmental harm exceeding $250,000 in estimated damage to the environment including property loss other than the value of natural gas or hazardous liquid lost, or damage to pipeline equipment.’.[<-Struck out]
[Struck out->](b) Penalty for Obstruction of Inspections and Investigations- Section 60118(e) is amended by adding at the end the following: ‘The Secretary may impose a civil penalty under section 60122 of this title on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under this chapter.’.[<-Struck out]
[Struck out->](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 of this title shall not apply to enforcement actions under this section.’.[<-Struck out]
[Struck out->](d) Judicial Review of Administrative Enforcement Orders- Section 60119(a) is amended--[<-Struck out]
[Struck out->](1) by striking the subsection caption and inserting ‘(a) Review of Regulations, Orders, and Other Final Agency Actions- ’; and[<-Struck out]
[Struck out->](2) by striking ‘about an application for a waiver under section 60118(c) or (d) of’ and inserting ‘under’.[<-Struck out]
[Struck out->]SEC. 3. PIPELINE DAMAGE PREVENTION.[<-Struck out][Struck out->](a) Minimum Standards for State One-call Notification Programs- Section 6103(a) is amended to read as follows:[<-Struck out]
[Struck out->]
‘(a) Minimum Standards-[<-Struck out]
[Struck out->]
‘(1) IN GENERAL- In order to qualify for a grant under section 6106, a State one-call notification program shall, at a minimum, provide for--[<-Struck out]
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‘(A) appropriate participation by all underground facility operators, including all government operators;[<-Struck out]
[Struck out->]
‘(B) appropriate participation by all excavators, including all government and contract excavators; and[<-Struck out]
[Struck out->]
‘(C) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.[<-Struck out]
[Struck out->]
‘(2) EXEMPTIONS PROHIBITED- A State one-call notification program may not exempt municipalities, State agencies, or their contractors from its one-call notification system requirements.’.[<-Struck out]
[Struck out->](b) State Damage Prevention Programs- Section 60134(a) is amended--[<-Struck out]
[Struck out->](1) by striking ‘and’ after the semicolon in paragraph (1);[<-Struck out]
[Struck out->](2) by striking ‘(b).’ in paragraph (2) and inserting ‘(b); and’; and[<-Struck out]
[Struck out->](3) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(3) does not provide any exemptions to municipalities, State agencies, or their contractors from its one-call notification system requirements.’.[<-Struck out]
[Struck out->](c) Effective Date- The amendments made by this section shall take effect 2 years after the date of enactment of this Act.[<-Struck out]
[Struck out->]SEC. 4. OFFSHORE GATHERING PIPELINES.[<-Struck out][Struck out->]Section 60102(k)(1) is amended by striking the last sentence and inserting ‘Not later than 1 year after the date of enactment of the Pipeline Transportation Safety Improvement Act of 2011, the Secretary shall issue regulations, after notice and an opportunity for a hearing, subjecting offshore hazardous liquid gathering pipelines and hazardous liquid gathering pipelines located within the inlets of the Gulf of Mexico to the same standards and regulations as other hazardous liquid pipelines. The regulations issued under this paragraph shall not apply to low-stress distribution pipelines.’.[<-Struck out]
[Struck out->]SEC. 5. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.[<-Struck out][Struck out->]Section 60102 is amended by adding at the end the following:[<-Struck out]
[Struck out->]
‘(n) Automatic and Remote-controlled Shut-off Valves- Not later than 2 years after the date of enactment of the Pipeline Transportation Safety Improvement Act of 2011, the Secretary shall by regulation, after notice and an opportunity for a hearing, require the use of automatic or remote-controlled shut-off valves, or equivalent technology, where economically, technically, and operationally feasible on transmission pipelines constructed or entirely replaced after the date on which the Secretary issues a final rule.’.[<-Struck out]
[Struck out->]SEC. 6. EXCESS FLOW VALVES.[<-Struck out][Struck out->]Section 60109(e)(3) is amended--[<-Struck out]
[Struck out->](1) by redesignating subparagraph (B) as subparagraph (C); and[<-Struck out]
[Struck out->](2) by inserting after subparagraph (A) the following:[<-Struck out]
[Struck out->]
‘(B) DISTRIBUTION BRANCH SERVICES, MULTI-FAMILY FACILITIES, AND SMALL COMMERCIAL FACILITIES- Not later than 2 years after the date of enactment of the Pipeline Transportation Safety Improvement Act of 2011, the Secretary shall prescribe regulations, after notice and an opportunity for hearing, to require the use of excess flow valves, where economically and technically feasible, on new or entirely replaced distribution branch services, multi-family facilities, and small commercial facilities.’.[<-Struck out]
[Struck out->]SEC. 7. INTEGRITY MANAGEMENT.[<-Struck out][Struck out->](a) Evaluation- Within 1 year after the date of enactment of this Act, the Secretary of Transportation shall evaluate--[<-Struck out]
[Struck out->](1) whether integrity management system requirements, or elements thereof, should be expanded beyond high consequence areas (as defined undersection 60109(a) of title 49, United States Code [<-Struck out]
[Struck out->](2) with respect to gas pipeline facilities, whether applying the integrity management program requirements to additional areas would mitigate the need for class location requirements.[<-Struck out]
[Struck out->](b) Standards- Not later than 1 year after completion of the evaluation, the Secretary shall prescribe such regulations, after notice and an opportunity for a hearing.[<-Struck out]
[Struck out->](c) Data Reporting- The Secretary shall collect any relevant data necessary to complete the evaluation required by subsection (a) and may collect such additional data pursuant to regulations promulgated under subsection (b) as may be necessary.[<-Struck out]
[Struck out->]SEC. 8. PUBLIC EDUCATION AND AWARENESS.[<-Struck out][Struck out->](a) In General- Chapter 601 is amended by adding at the end the following:[<-Struck out]
[Struck out->]‘SEC. 60138. Public education and awareness[<-Struck out]
[Struck out->]
‘(a) In General- Not later than 1 year after the date of enactment of the Pipeline Transportation Safety Improvement Act of 2011, the Secretary shall--[<-Struck out]
[Struck out->]
‘(1) maintain a monthly updated summary of all completed and final natural gas and hazardous liquid pipeline inspections conducted by or reported to the Pipeline and Hazardous Materials Safety Administration that includes--[<-Struck out]
[Struck out->]
‘(A) identification of the operator inspected;[<-Struck out]
[Struck out->]
‘(B) the type of inspection;[<-Struck out]
[Struck out->]
‘(C) the results of the inspection, including any deficiencies identified; and[<-Struck out]
[Struck out->]
‘(D) any corrective actions required to be taken by the operator to remediate such deficiencies;[<-Struck out]
[Struck out->]
‘(2) maintain a comprehensive list, to be updated annually, and individual copy of each gas emergency response plan pursuant to section 60102(d)(5) of this title and of each hazardous liquid pipeline operator’s facility response plan pursuant to section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5) [<-Struck out]
[Struck out->]
‘(3) excluding any proprietary or security-sensitive information, as part of the National Pipeline Mapping System maintain a map of all currently designated high consequence areas in which pipelines are required to meet integrity management safety regulations and update the map annually; and[<-Struck out]
[Struck out->]
‘(4) maintain a current copy of any industry-developed or professional organization pipeline safety standards that have been incorporated by reference into regulations, to the extent consistent with fair use.[<-Struck out]
[Struck out->]
‘(b) Public Availability- The requirements of subsection (a) shall be considered to have been met if the information required to be made public is made available on the Pipeline and Hazardous Materials Safety Administration’s public Web site.[<-Struck out]
[Struck out->]
‘(c) Relationship to Foia- Nothing in this section shall be construed to require disclosure of information or records that are exempt from disclosure under section 552 of title 5.’.[<-Struck out]
[Struck out->](b) Clerical Amendment- The table of contents for chapter 601 is amended by inserting after the item relating to section 60137 the following:[<-Struck out]
[Struck out->]
‘60138. Public education and awareness’.[<-Struck out]
[Struck out->]SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.[<-Struck out][Struck out->]The Comptroller General shall conduct a comprehensive analysis of the safety risks, including the risk of accident and injury to individuals or the environment, from both onshore and offshore pipelines to which chapter 601 of title 49, United States Code, does not apply, including gathering lines. The analysis shall also consider the safety risks and benefits of applying the regulations undersection 60109(e) of title 49, United States Code [<-Struck out]
[Struck out->]SEC. 10. LEAK DETECTION.[<-Struck out][Struck out->](a) Leak Detection Study Update- Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committees on Transportation and Infrastructure and on Energy and Commerce an updated report on leak detection systems utilized by operators of hazardous liquid pipelines and transportation-related flow lines. The report shall include an analysis of the technical limitations of current leak detection systems, including the systems’ ability to detect ruptures and small leaks that are ongoing or intermittent, and what can be done to foster development of better technologies.[<-Struck out]
[Struck out->](b) Leak Detection Standards- Not later than 1 year after completion of the report, the Secretary may, based on the study in subsection (a), prescribe regulations, after notice and an opportunity for a hearing, requiring an operator of a hazardous liquid pipeline to use leak detection technologies, particularly in high consequence areas.[<-Struck out]
[Struck out->]SEC. 11. INCIDENT NOTIFICATION.[<-Struck out][Struck out->]Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall--[<-Struck out]
[Struck out->](1) prescribe regulations, after notice and an opportunity for a hearing, that establish time limits for accident and incident telephonic or electronic notification by pipeline operators to State and local government officials and emergency responders when a spill or rupture occurs; and[<-Struck out]
[Struck out->](2) review procedures for pipeline operators and the National Response Center to provide thorough and coordinated notification to all relevant emergency response officials and revise such procedures as appropriate.[<-Struck out]
[Struck out->]SEC. 12. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN COMPLIANCE.[<-Struck out][Struck out->](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) [<-Struck out]
[Struck out->](b) Conforming Amendment- Section 311(b)(6)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)(A) [<-Struck out]
[Struck out->]SEC. 13. PIPELINE INFRASTRUCTURE DATA COLLECTION.[<-Struck out][Struck out->](a) In General- Section 60132(a) is amended--[<-Struck out]
[Struck out->](1) by striking ‘and gathering lines’; and[<-Struck out]
[Struck out->](2) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(4) Any other geospatial, technical, or other related pipeline data, including design and material specifications, that the Secretary determines is necessary to carry out the purposes of this section. The Secretary shall give reasonable notice to operators that the data are being requested.’.[<-Struck out]
[Struck out->](b) Disclosure Limited to Foia Requirements- Section 60132 is amended by adding at the end the following:[<-Struck out]
[Struck out->]
‘(d) 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.’.[<-Struck out]
[Struck out->]SEC. 14. INTERNATIONAL COOPERATION AND CONSULTATION.[<-Struck out][Struck out->]Section 60117 is amended by adding at the end the following:[<-Struck out]
[Struck out->]
‘(o) International Cooperation and Consultation-[<-Struck out]
[Struck out->]
‘(1) INFORMATION EXCHANGE AND TECHNICAL ASSISTANCE- If the Secretary determines that it would benefit the United States, 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. 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.[<-Struck out]
[Struck out->]
‘(2) CONSULTATION- To the extent practicable, subject to guidance from the Secretary of State, the Secretary may consult with interested authorities in Canada, Mexico, and other interested authorities, as needed, 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.[<-Struck out]
[Struck out->]
‘(3) DIFFERENCES IN INTERNATIONAL STANDARDS AND REQUIREMENTS- Nothing in this section requires that a standard or requirement prescribed by the Secretary under this chapter be identical to a standard or requirement adopted by an international authority.’.[<-Struck out]
[Struck out->]SEC. 15. GAS AND HAZARDOUS LIQUID GATHERING LINES.[<-Struck out][Struck out->]Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall complete a review of all exemptions for gas and hazardous liquid gathering lines. Based on this review the Secretary shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committees on Transportation and Infrastructure and on Energy and Commerce containing the Secretary’s recommendations with respect to the modification or revocation of existing exemptions.[<-Struck out]
[Struck out->]SEC. 16. TRANSPORTATION-RELATED OIL FLOW LINES.[<-Struck out][Struck out->]Section 60102, as amended by section 5, is further amended by adding at the end the following:[<-Struck out]
[Struck out->]
‘(o) Transportation-related Oil Flow Lines-[<-Struck out]
[Struck out->]
‘(1) DATA COLLECTION- The Secretary may collect geospatial, technical, or other pipeline data on transportation-related oil flow lines, including unregulated transportation-related oil flow lines.[<-Struck out]
[Struck out->]
‘(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 across areas not owned by the producer regardless of the extent to which the oil has been processed, if at all.[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->]SEC. 17. ALASKA PROJECT COORDINATION.[<-Struck out][Struck out->](a) In General- Chapter 601, as amended by section 8 of this Act, is further amended by adding at the end the following:[<-Struck out]
[Struck out->]‘SEC. 60139. Alaska project coordination[<-Struck out]
[Struck out->]
‘The Secretary may provide technical assistance to the State of Alaska for the purpose of achieving coordinated and effective oversight of the construction, expansion, or operation of pipeline systems in Alaska. The assistance may include--[<-Struck out]
[Struck out->]
‘(1) conducting coordinated inspections of pipeline systems subject to the respective authorities of the Department of Transportation and the State of Alaska;[<-Struck out]
[Struck out->]
‘(2) consulting on the development and implementation of programs designed to manage the integrity risks associated with operating pipeline systems in the unique conditions of Alaska;[<-Struck out]
[Struck out->]
‘(3) training inspection and enforcement personnel and consulting on the development and implementation of inspection protocols and training programs; and[<-Struck out]
[Struck out->]
‘(4) entering into cooperative agreements, grants, or other transactions with the State of Alaska, the Joint Pipeline Office, other Federal agencies, and other public and private agencies to carry out the objectives of this section.’.[<-Struck out]
[Struck out->](b) Clerical Amendment- The table of contents for chapter 601, as amended by section 8 of this Act, is further amended by inserting the following after the item relating to section 60138:[<-Struck out]
[Struck out->]
‘60139. Alaska project coordination’.[<-Struck out]
[Struck out->]SEC. 18. COST RECOVERY FOR DESIGN REVIEWS.[<-Struck out][Struck out->]Section 60117(n) is amended to read as follows:[<-Struck out]
[Struck out->]
‘(n) Cost Recovery for Design Reviews-[<-Struck out]
[Struck out->]
‘(1) IN GENERAL-[<-Struck out]
[Struck out->]
‘(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 new gas or hazardous liquid pipeline or liquefied natural gas pipeline facility, including construction inspections and oversight, the Secretary may require the person or entity 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 section, 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 section. This authority is in addition to the authority provided in section 60301 of this title, but the Secretary may not collect fees under this section and section 60301 for the same design safety review.[<-Struck out]
[Struck out->]
‘(B) PROJECTS TO WHICH APPLICABLE- Subparagraph (A) applies to any project that--[<-Struck out]
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‘(i) has design and construction costs totaling at least $3,400,000,000; or[<-Struck out]
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‘(ii) uses new or novel technologies or designs.[<-Struck out]
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‘(2) NOTIFICATION- For any new pipeline construction project in which the Secretary will conduct design reviews, the person or entity 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.[<-Struck out]
[Struck out->]
‘(3) DEPOSIT AND USE- There is established a Pipeline Safety Design Review Fund in the Treasury of the United States. The Secretary shall deposit funds paid under this subsection into the Fund. Funds deposited under this section are authorized to be appropriated for the purposes set forth in this chapter. Fees authorized under this section shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts.’.[<-Struck out]
[Struck out->]SEC. 19. SPECIAL PERMITS.[<-Struck out][Struck out->]Section 60118(c)(1) is amended to read as follows:[<-Struck out]
[Struck out->]
‘(1) ISSUANCE OF WAIVERS-[<-Struck out]
[Struck out->]
‘(A) IN GENERAL- On application of an owner or operator of a pipeline facility, the Secretary by order may waive compliance with any part of an applicable standard prescribed under this chapter with respect to the facility on terms the Secretary considers appropriate, if the Secretary determines that the waiver is not inconsistent with pipeline safety.[<-Struck out]
[Struck out->]
‘(B) CONSIDERATIONS- In determining whether to grant a waiver, the Secretary shall consider--[<-Struck out]
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‘(i) the fitness of the applicant to conduct the activity authorized by the waiver in a manner that is consistent with pipeline safety;[<-Struck out]
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‘(ii) the applicant’s compliance history;[<-Struck out]
[Struck out->]
‘(iii) the applicant’s accident history; and[<-Struck out]
[Struck out->]
‘(iv) any other information or data the Secretary considers relevant to making the determination.[<-Struck out]
[Struck out->]
‘(C) EFFECTIVE PERIOD- A waiver of one or more pipeline operating requirements shall be reviewed by the Secretary 5 years after its effective date. In reviewing a waiver, the Secretary shall consider any change in ownership or control of the pipeline, any change in the conditions around the pipeline, and other factors as appropriate. The Secretary may modify, suspend, or revoke a waiver after such review under with subparagraph (E).[<-Struck out]
[Struck out->]
‘(D) PUBLIC NOTICE AND HEARING- The Secretary may act on a waiver under this section only after public notice and an opportunity for a hearing, which may consist of publication of notice in the Federal Register that an application for a waiver has been filed and providing the public with the opportunity to review and comment on the application. If a waiver is granted, the Secretary shall state in the order and associated analysis the reasons for granting it.[<-Struck out]
[Struck out->]
‘(E) NONCOMPLIANCE AND MODIFICATION, SUSPENSION, OR REVOCATION- After notice to a holder of a waiver and opportunity to show cause, the Secretary may modify, suspend, or revoke a waiver issued under this section for failure to comply with its terms or conditions, intervening changes in Federal law, a material change in circumstances affecting safety, including erroneous information in the application, or any other reason. If necessary to avoid a significant risk of harm to persons, property, or the environment, the Secretary may waive the show cause procedure and make the action immediately effective.’.[<-Struck out]
[Struck out->]SEC. 20. BIOFUEL PIPELINES.[<-Struck out][Struck out->]Section 60101(a)(4) is amended--[<-Struck out]
[Struck out->](1) by striking ‘and’ after the semicolon in subparagraph (A);[<-Struck out]
[Struck out->](2) by redesignating subparagraph (B) as subparagraph (C); and[<-Struck out]
[Struck out->](3) by inserting after subparagraph (A) the following:[<-Struck out]
[Struck out->]
‘(B) non-petroleum fuels, including biofuels that are flammable, toxic, or corrosive or would be harmful to the environment if released in significant quantities, and’.[<-Struck out]
[Struck out->]SEC. 21. CARBON DIOXIDE PIPELINES.[<-Struck out][Struck out->]Section 60102(i) is amended to read as follows:[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->]SEC. 22. STUDY OF THE TRANSPORTATION OF TAR SANDS CRUDE OIL.[<-Struck out][Struck out->]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 regulations to determine whether these regulations are sufficient to regulate pipelines used for the transportation of tar sands crude oil. In conducting this review, the Secretary shall conduct an analysis of whether any increase in risk of release exists for pipelines transporting tar sands crude oil. The Secretary shall report the results of this review to the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committees on Transportation and Infrastructure and on Energy and Commerce.[<-Struck out]
[Struck out->]SEC. 23. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY PIPELINE.[<-Struck out][Struck out->]The Secretary of Transportation may 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 should 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. The results of the analysis shall be made available to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committees on Transportation and Infrastructure and on Energy and Commerce.[<-Struck out]
[Struck out->]SEC. 24. CLARIFICATIONS.[<-Struck out][Struck out->](a) Amendment of Procedures Clarification- Section 60108(a)(1) is amended by striking ‘an intrastate’ and inserting ‘a’.[<-Struck out]
[Struck out->](b) Owner and Operator Clarification- Section 60102(a)(2)(A) is amended by striking ‘owners and operators’ and inserting in their place the words ‘any or all of the owners or operators’.[<-Struck out]
[Struck out->](c) One-call Enforcement Clarification- Section 60114(f) is amended by adding at the end the following: ‘This subsection does not apply to proceedings against persons who are pipeline operators.’.[<-Struck out]
[Struck out->]SEC. 25. ADDITIONAL RESOURCES.[<-Struck out][Struck out->](a) In General- To the extent funds are appropriated, the Secretary of Transportation shall increase the personnel of the Pipeline and Hazardous Materials Safety Administration by a total of 39 full-time employees to carry out the pipeline safety program and the administration of that program, of which at least--[<-Struck out]
[Struck out->](1) 9 employees shall be added in fiscal year 2011;[<-Struck out]
[Struck out->](2) 10 employees shall be added in fiscal year 2012;[<-Struck out]
[Struck out->](3) 10 employees shall be added in fiscal year 2013; and[<-Struck out]
[Struck out->](4) 10 employees shall be added in fiscal year 2014.[<-Struck out]
[Struck out->](b) Functions- In increasing the number of employees under subsection (a), the Secretary shall focus on hiring employees--[<-Struck out]
[Struck out->](1) to conduct data collection, analysis, and reporting;[<-Struck out]
[Struck out->](2) to develop, implement, and update information technology;[<-Struck out]
[Struck out->](3) to conduct inspections of pipeline facilities to determine compliance with applicable regulations and standards;[<-Struck out]
[Struck out->](4) to provide administrative, legal, and other support for pipeline enforcement activities; and[<-Struck out]
[Struck out->](5) to support the overall pipeline safety mission of the Pipeline and Hazardous Materials Safety Administration, including training of pipeline enforcement personnel.[<-Struck out]
[Struck out->]SEC. 26. MAINTENANCE OF EFFORT.[<-Struck out][Struck out->]Section 60107(b) is amended to read as follows:[<-Struck out]
[Struck out->]
‘(b) Payments- After notifying and consulting with a State authority, the Secretary may withhold any part of a payment when the Secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent. The Secretary may pay an authority under this section only when the authority ensures the Secretary that it will provide the remaining costs of a safety program and that the total State amount spent for a safety program (excluding grants of the United States Government) will at least equal the average amount spent for gas and hazardous liquid safety programs for fiscal years 2004 through 2006, except when the Secretary waives the requirements of this subsection. The Secretary shall grant such a waiver if a State can demonstrate an inability to maintain or increase the required funding share of its pipeline safety program at or above the level required by this subsection due to economic hardship in that State.’.[<-Struck out]
[Struck out->]SEC. 27. AUTHORIZATION OF APPROPRIATIONS.[<-Struck out][Struck out->](a) Gas and Hazardous Liquid-[<-Struck out]
[Struck out->](1) Section 60125(a)(1) is amended by striking subparagraphs (A) through (D) and inserting the following:[<-Struck out]
[Struck out->]
‘(A) for fiscal year 2011, $92,206,000, of which $9,200,000 is for carrying out such section 12 and $36,958,000 is for making grants;[<-Struck out]
[Struck out->]
‘(B) for fiscal year 2012, $96,144,000, of which $9,600,000 for carrying out such section 12 and $39,611,000 is for making grants;[<-Struck out]
[Struck out->]
‘(C) for fiscal year 2013, $99,876,000, of which $9,900,000 is for carrying out such section 12 and $41,148,000 is for making grants; and[<-Struck out]
[Struck out->]
‘(D) for fiscal year 2014, $102,807,000, of which $10,200,000 is for carrying out such section 12 and $42,356,000 is for making grants.’.[<-Struck out]
[Struck out->](2) Section 60125(a)(2) is amended by striking subparagraphs (A) through (D) and inserting the following:[<-Struck out]
[Struck out->]
‘(A) for fiscal year 2011, $18,905,000, of which $7,562,000 is for carrying out such section 12 and $7,864,000 is for making grants;[<-Struck out]
[Struck out->]
‘(B) for fiscal year 2012, $19,661,000, of which $7,864,000 is for carrying out such section 12 and $7,864,000 is for making grants;[<-Struck out]
[Struck out->]
‘(C) for fiscal year 2013, $20,000,000, of which $8,000,000 is for carrying out such section 12 and $8,000,000 is for making grants; and[<-Struck out]
[Struck out->]
‘(D) for fiscal year 2014, $20,000,000, of which $8,000,000 is for carrying out such section 12 and $8,000,000 is for making grants.’.[<-Struck out]
[Struck out->](b) Emergency Response Grants- Section 60125(b)(2) is amended by striking ‘2007 through 2010’ and inserting ‘2011 through 2014’.[<-Struck out]
[Struck out->](c) One-call Notification Programs- Section 6107 is amended--[<-Struck out]
[Struck out->](1) by striking ‘2007 through 2010.’ in subsection (a) and inserting ‘2011 through 2014.’;[<-Struck out]
[Struck out->](2) by striking ‘2007 through 2010.’ in subsection (b) and inserting ‘2011 through 2014.’; and[<-Struck out]
[Struck out->](3) by striking subsection (c).[<-Struck out]
[Struck out->](d) State Damage Prevention Programs- Section 60134 is amended by adding at the end the following:[<-Struck out]
[Struck out->]
‘(i) Authorization of Appropriations- There are authorized to be appropriated to the Secretary to provide grants under this section $2,000,000 for each of fiscal years 2011 through 2014. The funds shall remain available until expended.’.[<-Struck out]
[Struck out->](e) Community Pipeline Safety Information Grants- Section 60130 is amended--[<-Struck out]
[Struck out->](1) by striking ‘$50,000’ in subsection (a)(1) and inserting ‘$100,000’; and[<-Struck out]
[Struck out->](2) by striking ‘2003 through 2010.’ in subsection (d) and inserting ‘2011 through 2014.’.[<-Struck out]
[Struck out->](f) Pipeline Transportation Research and Development- Section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 [<-Struck out]
[Struck out->](1) by adding at the end of subsection (d) the following:[<-Struck out]
[Struck out->]
‘(3) ONGOING PIPELINE TRANSPORTATION RESEARCH AND DEVELOPMENT- After the initial 5-year program plan has been carried out by the participating agencies, the Secretary of Transportation shall prepare a research and development program plan every 5 years thereafter and shall transmit a report to Congress on the status and results-to-date of implementation of the program each year that funds are appropriated for carrying out the plan.’; and[<-Struck out]
[Struck out->](2) by striking ‘2003 through 2006.’ in subsection (f) and inserting ‘2011 through 2014.’.[<-Struck out]
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Pipeline Transportation Safety Improvement Act of 2011’.[<-Struck out](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.[<-Struck out](c) Table of Contents- The table of contents for this Act is as follows:[<-Struck out]Sec. 1. Short title; Amendment of Title 49, United States Code; table of contents.[<-Struck out]Sec. 2. Civil penalties.[<-Struck out]Sec. 3. Pipeline damage prevention.[<-Struck out]Sec. 4. Offshore gathering pipelines.[<-Struck out]Sec. 5. Automatic and remote-controlled shut-off valves.[<-Struck out]Sec. 6. Excess flow valves.[<-Struck out]Sec. 7. Integrity management.[<-Struck out]Sec. 8. Public education and awareness.[<-Struck out]Sec. 9. Government Accountability Office report.[<-Struck out]Sec. 10. Leak detection.[<-Struck out]Sec. 11. Incident notification.[<-Struck out]Sec. 12. Transportation-related onshore facility response plan compliance.[<-Struck out]Sec. 13. Pipeline infrastructure data collection.[<-Struck out]Sec. 14. International cooperation and consultation.[<-Struck out]Sec. 15. Gas and hazardous liquid gathering lines.[<-Struck out]Sec. 16. Transportation related oil flow lines.[<-Struck out]Sec. 17. Alaska project coordination.[<-Struck out]Sec. 18. Cost recovery for design reviews.[<-Struck out]Sec. 19. Special permits.[<-Struck out]Sec. 20. Biofuel pipelines.[<-Struck out]Sec. 21. Carbon dioxide pipelines.[<-Struck out]Sec. 22. Study of transportation of tar sands crude oil.[<-Struck out]Sec. 23. Study of non-petroleum hazardous liquids transported by pipeline.[<-Struck out]Sec. 24. Clarifications.[<-Struck out]Sec. 25. Additional resources.[<-Struck out]Sec. 26. Maintenance of effort.[<-Struck out]Sec. 27. Authorization of appropriations.[<-Struck out](a) Penalty Considerations; Major Consequence Violations- Section 60122 is amended--[<-Struck out](1) by striking ‘the ability to pay,’ in subsection (b)(1)(B);[<-Struck out](2) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and[<-Struck out](3) by inserting after subsection (b) the following:[<-Struck out]‘(c) Penalties for Major Consequence Violations-[<-Struck out]
‘(1) IN GENERAL- A person that the Secretary of Transportation decides, after written notice and an opportunity for a hearing, has committed a major consequence violation of section 60114(b), 60114(d), or 60118(a) of this title or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of not more than $250,000 for each violation. A separate violation occurs for each day the violation continues. The maximum civil penalty under this paragraph for a related series of major consequence violations is $2,500,000.[<-Struck out]
‘(2) PENALTY CONSIDERATIONS- In determining the amount of a civil penalty for a major consequence violation under this subsection, the Secretary shall consider the factors prescribed in subsection (b).[<-Struck out]
‘(3) MAJOR CONSEQUENCE VIOLATION DEFINED- In this subsection, the term ‘major consequence violation’ means a violation that contributed to an incident resulting in--[<-Struck out]
‘(A) 1 or more deaths;[<-Struck out]
‘(B) 1 or more injuries or illnesses requiring in-patient hospitalization; or[<-Struck out]
‘(C) environmental harm exceeding $250,000 in estimated damage to the environment including property loss other than the value of natural gas or hazardous liquid lost, or damage to pipeline equipment.’.[<-Struck out](b) Penalty for Obstruction of Inspections and Investigations- Section 60118(e) is amended by adding at the end the following: ‘The Secretary may impose a civil penalty under section 60122 of this title on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under this chapter.’.[<-Struck out](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 of this title shall not apply to enforcement actions under this section.’.[<-Struck out](d) Judicial Review of Administrative Enforcement Orders- Section 60119(a) is amended--[<-Struck out](1) by striking the subsection caption and inserting ‘(a) Review of Regulations, Orders, and Other Final Agency Actions- ’; and[<-Struck out](2) by striking ‘about an application for a waiver under section 60118(c) or (d) of’ and inserting ‘under’.[<-Struck out](a) Minimum Standards for State One-call Notification Programs- Section 6103(a) is amended to read as follows:[<-Struck out]‘(a) Minimum Standards-[<-Struck out]
‘(1) IN GENERAL- In order to qualify for a grant under section 6106, a State one-call notification program shall, at a minimum, provide for--[<-Struck out]
‘(A) appropriate participation by all underground facility operators, including all government operators;[<-Struck out]
‘(B) appropriate participation by all excavators, including all government and contract excavators; and[<-Struck out]
‘(C) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.[<-Struck out]‘(2) EXEMPTIONS PROHIBITED- A State one-call notification program may not exempt municipalities, State agencies, or their contractors from its one-call notification system requirements.’.[<-Struck out](b) State Damage Prevention Programs- Section 60134(a) is amended--[<-Struck out](1) by striking ‘and’ after the semicolon in paragraph (1);[<-Struck out](2) by striking ‘(b).’ in paragraph (2) and inserting ‘(b); and’; and[<-Struck out](3) by adding at the end the following:[<-Struck out]‘(3) does not provide any exemptions to municipalities, State agencies, or their contractors from its one-call notification system requirements.’.[<-Struck out](c) Effective Date- The amendments made by this section shall take effect 2 years after the date of enactment of this Act.[<-Struck out]Section 60102(k)(1) is amended by striking the last sentence and inserting ‘Not later than 1 year after the date of enactment of the Pipeline Transportation Safety Improvement Act of 2011, the Secretary shall issue regulations, after notice and an opportunity for a hearing, subjecting offshore hazardous liquid gathering pipelines and hazardous liquid gathering pipelines located within the inlets of the Gulf of Mexico to the same standards and regulations as other hazardous liquid pipelines. The regulations issued under this paragraph shall not apply to low-stress distribution pipelines.’.[<-Struck out]Section 60102 is amended by adding at the end the following:[<-Struck out]‘(n) Automatic and Remote-controlled Shut-off Valves- Not later than 2 years after the date of enactment of the Pipeline Transportation Safety Improvement Act of 2011, the Secretary shall by regulation, after notice and an opportunity for a hearing, require the use of automatic or remote-controlled shut-off valves, or equivalent technology, where economically, technically, and operationally feasible on transmission pipelines constructed or entirely replaced after the date on which the Secretary issues a final rule.’.[<-Struck out]Section 60109(e)(3) is amended--[<-Struck out](1) by redesignating subparagraph (B) as subparagraph (C); and[<-Struck out](2) by inserting after subparagraph (A) the following:[<-Struck out]‘(B) DISTRIBUTION BRANCH SERVICES, MULTI-FAMILY FACILITIES, AND SMALL COMMERCIAL FACILITIES- Not later than 2 years after the date of enactment of the Pipeline Transportation Safety Improvement Act of 2011, the Secretary shall prescribe regulations, after notice and an opportunity for hearing, to require the use of excess flow valves, where economically and technically feasible, on new or entirely replaced distribution branch services, multi-family facilities, and small commercial facilities.’.[<-Struck out](a) Evaluation- Within 1 year after the date of enactment of this Act, the Secretary of Transportation shall evaluate--[<-Struck out](1) whether integrity management system requirements, or elements thereof, should be expanded beyond high consequence areas (as defined undersection 60109(a) of title 49, United States Code [<-Struck out](2) with respect to gas pipeline facilities, whether applying the integrity management program requirements to additional areas would mitigate the need for class location requirements.[<-Struck out](b) Standards- Not later than 1 year after completion of the evaluation, the Secretary shall prescribe such regulations, after notice and an opportunity for a hearing.[<-Struck out](c) Data Reporting- The Secretary shall collect any relevant data necessary to complete the evaluation required by subsection (a) and may collect such additional data pursuant to regulations promulgated under subsection (b) as may be necessary.[<-Struck out](a) In General- Chapter 601 is amended by adding at the end the following:[<-Struck out]‘SEC. 60138. Public education and awareness[<-Struck out]‘(a) In General- Not later than 1 year after the date of enactment of the Pipeline Transportation Safety Improvement Act of 2011, the Secretary shall--[<-Struck out]
‘(1) maintain a monthly updated summary of all completed and final natural gas and hazardous liquid pipeline inspections conducted by or reported to the Pipeline and Hazardous Materials Safety Administration that includes--[<-Struck out]
‘(A) identification of the operator inspected;[<-Struck out]
‘(B) the type of inspection;[<-Struck out]
‘(C) the results of the inspection, including any deficiencies identified; and[<-Struck out]
‘(D) any corrective actions required to be taken by the operator to remediate such deficiencies;[<-Struck out]‘(2) maintain a comprehensive list, to be updated annually, and individual copy of each gas emergency response plan pursuant to section 60102(d)(5) of this title and of each hazardous liquid pipeline operator’s facility response plan pursuant to section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5) [<-Struck out]
‘(3) excluding any proprietary or security-sensitive information, as part of the National Pipeline Mapping System maintain a map of all currently designated high consequence areas in which pipelines are required to meet integrity management safety regulations and update the map annually; and[<-Struck out]
‘(4) maintain a current copy of any industry-developed or professional organization pipeline safety standards that have been incorporated by reference into regulations, to the extent consistent with fair use.[<-Struck out]‘(b) Public Availability- The requirements of subsection (a) shall be considered to have been met if the information required to be made public is made available on the Pipeline and Hazardous Materials Safety Administration’s public Web site.[<-Struck out]
‘(c) Relationship to Foia- Nothing in this section shall be construed to require disclosure of information or records that are exempt from disclosure under section 552 of title 5.’.[<-Struck out]
(b) Clerical Amendment- The table of contents for chapter 601 is amended by inserting after the item relating to section 60137 the following:[<-Struck out]‘60138. Public education and awareness’.[<-Struck out]The Comptroller General shall conduct a comprehensive analysis of the safety risks, including the risk of accident and injury to individuals or the environment, from both onshore and offshore pipelines to which chapter 601 of title 49, United States Code, does not apply, including gathering lines. The analysis shall also consider the safety risks and benefits of applying the regulations undersection 60109(e) of title 49, United States Code [<-Struck out](a) Leak Detection Study Update- Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committees on Transportation and Infrastructure and on Energy and Commerce an updated report on leak detection systems utilized by operators of hazardous liquid pipelines and transportation-related flow lines. The report shall include an analysis of the technical limitations of current leak detection systems, including the systems’ ability to detect ruptures and small leaks that are ongoing or intermittent, and what can be done to foster development of better technologies.[<-Struck out](b) Leak Detection Standards- Not later than 1 year after completion of the report, the Secretary may, based on the study in subsection (a), prescribe regulations, after notice and an opportunity for a hearing, requiring an operator of a hazardous liquid pipeline to use leak detection technologies, particularly in high consequence areas.[<-Struck out]Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall--[<-Struck out](1) prescribe regulations, after notice and an opportunity for a hearing, that establish time limits for accident and incident telephonic or electronic notification by pipeline operators to State and local government officials and emergency responders when a spill or rupture occurs; and[<-Struck out](2) review procedures for pipeline operators and the National Response Center to provide thorough and coordinated notification to all relevant emergency response officials and revise such procedures as appropriate.[<-Struck out](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) [<-Struck out](b) Conforming Amendment- Section 311(b)(6)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)(A) [<-Struck out](a) In General- Section 60132(a) is amended--[<-Struck out](1) by striking ‘and gathering lines’; and[<-Struck out](2) by adding at the end the following:[<-Struck out]‘(4) Any other geospatial, technical, or other related pipeline data, including design and material specifications, that the Secretary determines is necessary to carry out the purposes of this section. The Secretary shall give reasonable notice to operators that the data are being requested.’.[<-Struck out](b) Disclosure Limited to Foia Requirements- Section 60132 is amended by adding at the end the following:[<-Struck out]‘(d) 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.’.[<-Struck out]Section 60117 is amended by adding at the end the following:[<-Struck out]‘(o) International Cooperation and Consultation-[<-Struck out]
‘(1) INFORMATION EXCHANGE AND TECHNICAL ASSISTANCE- If the Secretary determines that it would benefit the United States, 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. 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.[<-Struck out]
‘(2) CONSULTATION- To the extent practicable, subject to guidance from the Secretary of State, the Secretary may consult with interested authorities in Canada, Mexico, and other interested authorities, as needed, 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.[<-Struck out]
‘(3) DIFFERENCES IN INTERNATIONAL STANDARDS AND REQUIREMENTS- Nothing in this section requires that a standard or requirement prescribed by the Secretary under this chapter be identical to a standard or requirement adopted by an international authority.’.[<-Struck out]Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall complete a review of all exemptions for gas and hazardous liquid gathering lines. Based on this review the Secretary shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committees on Transportation and Infrastructure and on Energy and Commerce containing the Secretary’s recommendations with respect to the modification or revocation of existing exemptions.[<-Struck out]Section 60102, as amended by section 5, is further amended by adding at the end the following:[<-Struck out]‘(o) Transportation-related Oil Flow Lines-[<-Struck out]
‘(1) DATA COLLECTION- The Secretary may collect geospatial, technical, or other pipeline data on transportation-related oil flow lines, including unregulated transportation-related oil flow lines.[<-Struck out]
‘(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 across areas not owned by the producer regardless of the extent to which the oil has been processed, if at all.[<-Struck out]
‘(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.’.[<-Struck out](a) In General- Chapter 601, as amended by section 8 of this Act, is further amended by adding at the end the following:[<-Struck out]‘SEC. 60139. Alaska project coordination[<-Struck out]‘The Secretary may provide technical assistance to the State of Alaska for the purpose of achieving coordinated and effective oversight of the construction, expansion, or operation of pipeline systems in Alaska. The assistance may include--[<-Struck out]
‘(1) conducting coordinated inspections of pipeline systems subject to the respective authorities of the Department of Transportation and the State of Alaska;[<-Struck out]
‘(2) consulting on the development and implementation of programs designed to manage the integrity risks associated with operating pipeline systems in the unique conditions of Alaska;[<-Struck out]
‘(3) training inspection and enforcement personnel and consulting on the development and implementation of inspection protocols and training programs; and[<-Struck out]
‘(4) entering into cooperative agreements, grants, or other transactions with the State of Alaska, the Joint Pipeline Office, other Federal agencies, and other public and private agencies to carry out the objectives of this section.’.[<-Struck out](b) Clerical Amendment- The table of contents for chapter 601, as amended by section 8 of this Act, is further amended by inserting the following after the item relating to section 60138:[<-Struck out]‘60139. Alaska project coordination’.[<-Struck out]Section 60117(n) is amended to read as follows:[<-Struck out]‘(n) Cost Recovery for Design Reviews-[<-Struck out]
‘(1) IN GENERAL-[<-Struck out]
‘(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 new gas or hazardous liquid pipeline or liquefied natural gas pipeline facility, including construction inspections and oversight, the Secretary may require the person or entity 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 section, 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 section. This authority is in addition to the authority provided in section 60301 of this title, but the Secretary may not collect fees under this section and section 60301 for the same design safety review.[<-Struck out]
‘(B) PROJECTS TO WHICH APPLICABLE- Subparagraph (A) applies to any project that--[<-Struck out]
‘(i) has design and construction costs totaling at least $3,400,000,000; or[<-Struck out]
‘(ii) uses new or novel technologies or designs.[<-Struck out]‘(2) NOTIFICATION- For any new pipeline construction project in which the Secretary will conduct design reviews, the person or entity 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.[<-Struck out]
‘(3) DEPOSIT AND USE- There is established a Pipeline Safety Design Review Fund in the Treasury of the United States. The Secretary shall deposit funds paid under this subsection into the Fund. Funds deposited under this section are authorized to be appropriated for the purposes set forth in this chapter. Fees authorized under this section shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts.’.[<-Struck out]Section 60118(c)(1) is amended to read as follows:[<-Struck out]‘(1) ISSUANCE OF WAIVERS-[<-Struck out]
‘(A) IN GENERAL- On application of an owner or operator of a pipeline facility, the Secretary by order may waive compliance with any part of an applicable standard prescribed under this chapter with respect to the facility on terms the Secretary considers appropriate, if the Secretary determines that the waiver is not inconsistent with pipeline safety.[<-Struck out]
‘(B) CONSIDERATIONS- In determining whether to grant a waiver, the Secretary shall consider--[<-Struck out]
‘(i) the fitness of the applicant to conduct the activity authorized by the waiver in a manner that is consistent with pipeline safety;[<-Struck out]
‘(ii) the applicant’s compliance history;[<-Struck out]
‘(iii) the applicant’s accident history; and[<-Struck out]
‘(iv) any other information or data the Secretary considers relevant to making the determination.[<-Struck out]‘(C) EFFECTIVE PERIOD- A waiver of one or more pipeline operating requirements shall be reviewed by the Secretary 5 years after its effective date. In reviewing a waiver, the Secretary shall consider any change in ownership or control of the pipeline, any change in the conditions around the pipeline, and other factors as appropriate. The Secretary may modify, suspend, or revoke a waiver after such review under with subparagraph (E).[<-Struck out]
‘(D) PUBLIC NOTICE AND HEARING- The Secretary may act on a waiver under this section only after public notice and an opportunity for a hearing, which may consist of publication of notice in the Federal Register that an application for a waiver has been filed and providing the public with the opportunity to review and comment on the application. If a waiver is granted, the Secretary shall state in the order and associated analysis the reasons for granting it.[<-Struck out]
‘(E) NONCOMPLIANCE AND MODIFICATION, SUSPENSION, OR REVOCATION- After notice to a holder of a waiver and opportunity to show cause, the Secretary may modify, suspend, or revoke a waiver issued under this section for failure to comply with its terms or conditions, intervening changes in Federal law, a material change in circumstances affecting safety, including erroneous information in the application, or any other reason. If necessary to avoid a significant risk of harm to persons, property, or the environment, the Secretary may waive the show cause procedure and make the action immediately effective.’.[<-Struck out]Section 60101(a)(4) is amended--[<-Struck out](1) by striking ‘and’ after the semicolon in subparagraph (A);[<-Struck out](2) by redesignating subparagraph (B) as subparagraph (C); and[<-Struck out](3) by inserting after subparagraph (A) the following:[<-Struck out]‘(B) non-petroleum fuels, including biofuels that are flammable, toxic, or corrosive or would be harmful to the environment if released in significant quantities, and’.[<-Struck out]Section 60102(i) is amended to read as follows:[<-Struck out]‘(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.’.[<-Struck out]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 regulations to determine whether these regulations are sufficient to regulate pipelines used for the transportation of tar sands crude oil. In conducting this review, the Secretary shall conduct an analysis of whether any increase in risk of release exists for pipelines transporting tar sands crude oil. The Secretary shall report the results of this review to the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committees on Transportation and Infrastructure and on Energy and Commerce.[<-Struck out]The Secretary of Transportation may 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 should 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. The results of the analysis shall be made available to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committees on Transportation and Infrastructure and on Energy and Commerce.[<-Struck out](a) Amendment of Procedures Clarification- Section 60108(a)(1) is amended by striking ‘an intrastate’ and inserting ‘a’.[<-Struck out](b) Owner and Operator Clarification- Section 60102(a)(2)(A) is amended by striking ‘owners and operators’ and inserting in their place the words ‘any or all of the owners or operators’.[<-Struck out](c) One-call Enforcement Clarification- Section 60114(f) is amended by adding at the end the following: ‘This subsection does not apply to proceedings against persons who are pipeline operators.’.[<-Struck out](a) In General- To the extent funds are appropriated, the Secretary of Transportation shall increase the personnel of the Pipeline and Hazardous Materials Safety Administration by a total of 39 full-time employees to carry out the pipeline safety program and the administration of that program, of which at least--[<-Struck out](1) 9 employees shall be added in fiscal year 2011;[<-Struck out](2) 10 employees shall be added in fiscal year 2012;[<-Struck out](3) 10 employees shall be added in fiscal year 2013; and[<-Struck out](4) 10 employees shall be added in fiscal year 2014.[<-Struck out](b) Functions- In increasing the number of employees under subsection (a), the Secretary shall focus on hiring employees--[<-Struck out](1) to conduct data collection, analysis, and reporting;[<-Struck out](2) to develop, implement, and update information technology;[<-Struck out](3) to conduct inspections of pipeline facilities to determine compliance with applicable regulations and standards;[<-Struck out](4) to provide administrative, legal, and other support for pipeline enforcement activities; and[<-Struck out](5) to support the overall pipeline safety mission of the Pipeline and Hazardous Materials Safety Administration, including training of pipeline enforcement personnel.[<-Struck out]Section 60107(b) is amended to read as follows:[<-Struck out]‘(b) Payments- After notifying and consulting with a State authority, the Secretary may withhold any part of a payment when the Secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent. The Secretary may pay an authority under this section only when the authority ensures the Secretary that it will provide the remaining costs of a safety program and that the total State amount spent for a safety program (excluding grants of the United States Government) will at least equal the average amount spent for gas and hazardous liquid safety programs for fiscal years 2004 through 2006, except when the Secretary waives the requirements of this subsection. The Secretary shall grant such a waiver if a State can demonstrate an inability to maintain or increase the required funding share of its pipeline safety program at or above the level required by this subsection due to economic hardship in that State.’.[<-Struck out](a) Gas and Hazardous Liquid-[<-Struck out](1) Section 60125(a)(1) is amended by striking subparagraphs (A) through (D) and inserting the following:[<-Struck out]‘(A) for fiscal year 2011, $92,206,000, of which $9,200,000 is for carrying out such section 12 and $36,958,000 is for making grants;[<-Struck out]
‘(B) for fiscal year 2012, $96,144,000, of which $9,600,000 for carrying out such section 12 and $39,611,000 is for making grants;[<-Struck out]
‘(C) for fiscal year 2013, $99,876,000, of which $9,900,000 is for carrying out such section 12 and $41,148,000 is for making grants; and[<-Struck out]
‘(D) for fiscal year 2014, $102,807,000, of which $10,200,000 is for carrying out such section 12 and $42,356,000 is for making grants.’.[<-Struck out](2) Section 60125(a)(2) is amended by striking subparagraphs (A) through (D) and inserting the following:[<-Struck out]‘(A) for fiscal year 2011, $18,905,000, of which $7,562,000 is for carrying out such section 12 and $7,864,000 is for making grants;[<-Struck out]
‘(B) for fiscal year 2012, $19,661,000, of which $7,864,000 is for carrying out such section 12 and $7,864,000 is for making grants;[<-Struck out]
‘(C) for fiscal year 2013, $20,000,000, of which $8,000,000 is for carrying out such section 12 and $8,000,000 is for making grants; and[<-Struck out]
‘(D) for fiscal year 2014, $20,000,000, of which $8,000,000 is for carrying out such section 12 and $8,000,000 is for making grants.’.[<-Struck out](b) Emergency Response Grants- Section 60125(b)(2) is amended by striking ‘2007 through 2010’ and inserting ‘2011 through 2014’.[<-Struck out](c) One-call Notification Programs- Section 6107 is amended--[<-Struck out](1) by striking ‘2007 through 2010.’ in subsection (a) and inserting ‘2011 through 2014.’;[<-Struck out](2) by striking ‘2007 through 2010.’ in subsection (b) and inserting ‘2011 through 2014.’; and[<-Struck out](3) by striking subsection (c).[<-Struck out](d) State Damage Prevention Programs- Section 60134 is amended by adding at the end the following:[<-Struck out]‘(i) Authorization of Appropriations- There are authorized to be appropriated to the Secretary to provide grants under this section $2,000,000 for each of fiscal years 2011 through 2014. The funds shall remain available until expended.’.[<-Struck out]
(e) Community Pipeline Safety Information Grants- Section 60130 is amended--[<-Struck out](1) by striking ‘$50,000’ in subsection (a)(1) and inserting ‘$100,000’; and[<-Struck out](2) by striking ‘2003 through 2010.’ in subsection (d) and inserting ‘2011 through 2014.’.[<-Struck out](f) Pipeline Transportation Research and Development- Section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 [<-Struck out](1) by adding at the end of subsection (d) the following:[<-Struck out]‘(3) ONGOING PIPELINE TRANSPORTATION RESEARCH AND DEVELOPMENT- After the initial 5-year program plan has been carried out by the participating agencies, the Secretary of Transportation shall prepare a research and development program plan every 5 years thereafter and shall transmit a report to Congress on the status and results-to-date of implementation of the program each year that funds are appropriated for carrying out the plan.’; and[<-Struck out]
(2) by striking ‘2003 through 2006.’ in subsection (f) and inserting ‘2011 through 2014.’.[<-Struck out](a) Short Title- This Act may be cited as the ‘Pipeline Transportation Safety Improvement Act of 2011’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; amendment of title 49, United States Code; table of contents.CommentsClose CommentsPermalink
Sec. 2. Civil penalties.CommentsClose CommentsPermalink
Sec. 3. Pipeline damage prevention.CommentsClose CommentsPermalink
Sec. 4. Offshore gathering pipelines.CommentsClose CommentsPermalink
Sec. 5. Automatic and remote-controlled shut-off valves.CommentsClose CommentsPermalink
Sec. 6. Excess flow valves.CommentsClose CommentsPermalink
Sec. 7. Integrity management.CommentsClose CommentsPermalink
Sec. 8. Public education and awareness.CommentsClose CommentsPermalink
Sec. 9. Cast iron gas pipelines.CommentsClose CommentsPermalink
Sec. 10. Leak detection.CommentsClose CommentsPermalink
Sec. 11. Incident notification.CommentsClose CommentsPermalink
Sec. 12. Transportation-related onshore facility response plan compliance.CommentsClose CommentsPermalink
Sec. 13. Pipeline infrastructure data collection.CommentsClose CommentsPermalink
Sec. 14. International cooperation and consultation.CommentsClose CommentsPermalink
Sec. 15. Gas and hazardous liquid gathering lines.CommentsClose CommentsPermalink
Sec. 16. Transportation-related oil flow lines.CommentsClose CommentsPermalink
Sec. 17. Alaska project coordination.CommentsClose CommentsPermalink
Sec. 18. Cost recovery for design reviews.CommentsClose CommentsPermalink
Sec. 19. Special permits.CommentsClose CommentsPermalink
Sec. 20. Biofuel pipelines.CommentsClose CommentsPermalink
Sec. 21. Carbon dioxide pipelines.CommentsClose CommentsPermalink
Sec. 22. Study of the transportation of tar sands crude oil.CommentsClose CommentsPermalink
Sec. 23. Study of non-petroleum hazardous liquids transported by pipeline.CommentsClose CommentsPermalink
Sec. 24. Clarifications.CommentsClose CommentsPermalink
Sec. 25. Additional resources.CommentsClose CommentsPermalink
Sec. 26. Maintenance of effort.CommentsClose CommentsPermalink
Sec. 27. Maximum allowable operating pressure.CommentsClose CommentsPermalink
Sec. 28. Administrative enforcement process.CommentsClose CommentsPermalink
Sec. 29. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 30. PAYGO compliance.CommentsClose CommentsPermalink
SEC. 2. CIVIL PENALTIES.
(a) Penalty Considerations; Major Consequence Violations- Section 60122 is amended--CommentsClose CommentsPermalink
(1) by striking ‘the ability to pay,’ in subsection (b)(1)(B);CommentsClose CommentsPermalink
(2) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; andCommentsClose CommentsPermalink
(3) by inserting after subsection (b) the following:CommentsClose CommentsPermalink
‘(c) Penalties for Major Consequence Violations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A person that the Secretary of Transportation decides, after written notice and an opportunity for a hearing, has committed a major consequence violation of section 60114(b), 60114(d), or 60118(a) of this title or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of not more than $250,000 for each violation. A separate violation occurs for each day the violation continues. The maximum civil penalty under this paragraph for a related series of major consequence violations is $2,500,000.CommentsClose CommentsPermalink
‘(2) PENALTY CONSIDERATIONS- In determining the amount of a civil penalty for a major consequence violation under this subsection, the Secretary shall consider the factors prescribed in subsection (b).CommentsClose CommentsPermalink
‘(3) MAJOR CONSEQUENCE VIOLATION DEFINED- In this subsection, the term ‘major consequence violation’ means a violation that contributed to an incident resulting in--CommentsClose CommentsPermalink
‘(A) 1 or more deaths;CommentsClose CommentsPermalink
‘(B) 1 or more injuries or illnesses requiring in-patient hospitalization; orCommentsClose CommentsPermalink
‘(C) environmental harm exceeding $250,000 in estimated damage to the environment including property loss other than the value of natural gas or hazardous liquid lost, or damage to pipeline equipment.’.CommentsClose CommentsPermalink
(b) Penalty for Obstruction of Inspections and Investigations- Section 60118(e) is amended by adding at the end the following: ‘The Secretary may impose a civil penalty under section 60122 of this title on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under this chapter.’.CommentsClose CommentsPermalink
(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 of this title shall not apply to enforcement actions under this section.’.CommentsClose CommentsPermalink
(d) Judicial Review of Administrative Enforcement Orders- Section 60119(a) is amended--CommentsClose CommentsPermalink
(1) by striking the subsection caption and inserting ‘(a) Review of Regulations, Orders, and Other Final Agency Actions- ’; andCommentsClose CommentsPermalink
(2) by striking ‘about an application for a waiver under section 60118(c) or (d) of’ and inserting ‘under’.CommentsClose CommentsPermalink
SEC. 3. PIPELINE DAMAGE PREVENTION.
(a) Minimum Standards for State One-call Notification Programs- Section 6103(a) is amended to read as follows:CommentsClose CommentsPermalink
‘(a) Minimum Standards-CommentsClose CommentsPermalink
‘(1) IN GENERAL- In order to qualify for a grant under section 6106, a State one-call notification program shall, at a minimum, provide for--CommentsClose CommentsPermalink
‘(A) appropriate participation by all underground facility operators, including all government operators;CommentsClose CommentsPermalink
‘(B) appropriate participation by all excavators, including all government and contract excavators; andCommentsClose CommentsPermalink
‘(C) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.CommentsClose CommentsPermalink
‘(2) EXEMPTIONS PROHIBITED- A State one-call notification program may not exempt municipalities, State agencies, or their contractors from its one-call notification system requirements.’.CommentsClose CommentsPermalink
(b) State Damage Prevention Programs- Section 60134(a) is amended--CommentsClose CommentsPermalink
(1) by striking ‘and’ after the semicolon in paragraph (1);CommentsClose CommentsPermalink
(2) by striking ‘(b).’ in paragraph (2) and inserting ‘(b); and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) does not provide any exemptions to municipalities, State agencies, or their contractors from its one-call notification system requirements.’.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect 2 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 4. OFFSHORE GATHERING PIPELINES.
Section 60102(k)(1) is amended by striking the last sentence and inserting ‘Not later than 1 year after the date of enactment of the Pipeline Transportation Safety Improvement Act of 2011, the Secretary shall issue regulations, after notice and an opportunity for a hearing, subjecting offshore hazardous liquid gathering pipelines and hazardous liquid gathering pipelines located within the inlets of the Gulf of Mexico to the same standards and regulations as other hazardous liquid gathering pipelines. The regulations issued under this paragraph shall not apply to low-stress distribution pipelines.’.CommentsClose CommentsPermalink
SEC. 5. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.
Section 60102 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(n) Automatic and Remote-controlled Shut-off Valves- Not later than 2 years after the date of enactment of the Pipeline Transportation Safety Improvement Act of 2011, the Secretary shall by regulation, after notice and an opportunity for a hearing, require the use of automatic or remote-controlled shut-off valves, or equivalent technology, where economically, technically, and operationally feasible on transmission pipelines constructed or entirely replaced after the date on which the Secretary issues a final rule.’.CommentsClose CommentsPermalink
SEC. 6. EXCESS FLOW VALVES.
Section 60109(e)(3) is amended--CommentsClose CommentsPermalink
(1) by redesignating subparagraph (B) as subparagraph (C); andCommentsClose CommentsPermalink
(2) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink
‘(B) DISTRIBUTION BRANCH SERVICES, MULTI-FAMILY FACILITIES, AND SMALL COMMERCIAL FACILITIES- Not later than 2 years after the date of enactment of the Pipeline Transportation Safety Improvement Act of 2011, the Secretary shall prescribe regulations, after notice and an opportunity for hearing, to require the use of excess flow valves, where economically and technically feasible, on new or entirely replaced distribution branch services, multi-family facilities, and small commercial facilities.’.CommentsClose CommentsPermalink
SEC. 7. INTEGRITY MANAGEMENT.
(a) Evaluation- Within 1 year after the date of enactment of this Act, the Secretary of Transportation shall evaluate--CommentsClose CommentsPermalink
(1) whether integrity management system requirements, or elements thereof, should be expanded beyond high consequence areas (as defined under
(2) with respect to gas pipeline facilities, whether applying the integrity management program requirements to additional areas would mitigate the need for class location requirements, with an emphasis on class 3 and 4 facilities; andCommentsClose CommentsPermalink
(3) whether data collected outside high consequence areas as part of gas transmission pipeline integrity management programs should be included as part of the records required to be maintained by operators.CommentsClose CommentsPermalink
(b) Standards- Not later than 1 year after completion of the evaluation, the Secretary shall prescribe such regulations, as appropriate, after notice and an opportunity for a hearing.CommentsClose CommentsPermalink
(c) Data Reporting- The Secretary shall collect any relevant data necessary to complete the evaluation required by subsection (a) and may collect such additional data pursuant to regulations promulgated under subsection (b) as may be necessary.CommentsClose CommentsPermalink
(d) Seismicity- In identifying high consequence areas under section 60109, the Secretary shall consider the seismicity of the area.CommentsClose CommentsPermalink
SEC. 8. PUBLIC EDUCATION AND AWARENESS.
(a) In General- Chapter 601 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘Sec. 60138. Public education and awareness
‘(a) In General- Not later than 1 year after the date of enactment of the Pipeline Transportation Safety Improvement Act of 2011, the Secretary shall--CommentsClose CommentsPermalink
‘(1) maintain a monthly updated summary of all completed and final natural gas and hazardous liquid pipeline inspections conducted by or reported to the Pipeline and Hazardous Materials Safety Administration that includes--CommentsClose CommentsPermalink
‘(A) identification of the operator inspected;CommentsClose CommentsPermalink
‘(B) the type of inspection;CommentsClose CommentsPermalink
‘(C) the results of the inspection, including any deficiencies identified; andCommentsClose CommentsPermalink
‘(D) any corrective actions required to be taken by the operator to remediate such deficiencies;CommentsClose CommentsPermalink
‘(2) maintain--CommentsClose CommentsPermalink
‘(A) a status indication of the review and approval of each gas emergency response plan pursuant to section 60102(d)(5) of this title and of each hazardous liquid pipeline operator’s response plan pursuant to part 194 of title 49, Code of Federal Regulations;CommentsClose CommentsPermalink
‘(B) a comprehensive description of the requirements for such plans; andCommentsClose CommentsPermalink
‘(C) a detailed summary of each approved plan written by the operator that includes the key elements of the plan, but which may exclude--CommentsClose CommentsPermalink
‘(i) proprietary information;CommentsClose CommentsPermalink
‘(ii) security-sensitive information, including as referenced in section 1520.5(a) of title 49, code of Federal Regulations;CommentsClose CommentsPermalink
‘(iii) specific response resources and tactical resource deployment plans; andCommentsClose CommentsPermalink
‘(iv) the specific amount and location of worst-case discharges, including the process by which an operator determines the worst discharge.CommentsClose CommentsPermalink
‘(3) excluding any proprietary or security-sensitive information, as part of the National Pipeline Mapping System maintain a map of all currently designated high consequence areas in which pipelines are required to meet integrity management safety regulations and update the map annually; andCommentsClose CommentsPermalink
‘(4) maintain a copy or, at a minimum, a detailed summary of any industry-developed or professional organization pipeline safety standards that have been incorporated by reference into regulations, to the extent consistent with fair use.CommentsClose CommentsPermalink
‘(b) Public Availability- The requirements of subsection (a) shall be considered to have been met if the information required to be made public is made available on the Pipeline and Hazardous Materials Safety Administration’s public Web site.CommentsClose CommentsPermalink
‘(c) Relationship to FOIA- Nothing in this section shall be construed to require disclosure of information or records that are exempt from disclosure under section 552 of title 5.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for chapter 601 is amended by inserting after the item relating to section 60137 the following new item:CommentsClose CommentsPermalink
‘60138. Public education and awareness’.CommentsClose CommentsPermalink
SEC. 9. CAST IRON GAS PIPELINES.
(a) Survey Update- Not later than one year after the enactment of this Act, the Secretary of Transportation shall conduct a follow-on survey to the survey conducted under section 60108(d) to determine--CommentsClose CommentsPermalink
(1) the extent to which each operator has adopted a plan for the safe management and replacement of cast iron pipelines;CommentsClose CommentsPermalink
(2) the elements of the plan, including the anticipated rate of replacement; andCommentsClose CommentsPermalink
(3) the progress that has been made.CommentsClose CommentsPermalink
(b) Survey Frequency- Section 60108(d) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(4) The secretary shall conduct a follow-up survey to measure progress of plan implementation biannually.’.CommentsClose CommentsPermalink
SEC. 10. LEAK DETECTION.
(a) Leak Detection Study Update- 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 Committees on Transportation and Infrastructure and on Energy and Commerce of the House of Representatives an updated report on leak detection systems utilized by operators of hazardous liquid pipelines and transportation-related flow lines. The report shall include an analysis of the technical limitations of current leak detection systems, including the systems’ ability to detect ruptures and small leaks that are ongoing or intermittent, and what can be done to foster development of better technologies.CommentsClose CommentsPermalink
(b) Leak Detection Standards- Not later than 1 year after completion of the report, the Secretary shall, as appropriate, based on the study in subsection (a), prescribe regulations, after notice and an opportunity for a hearing, requiring an operator of a hazardous liquid pipeline to use leak detection technologies, particularly in high consequence areas.CommentsClose CommentsPermalink
SEC. 11. INCIDENT NOTIFICATION.
Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall--CommentsClose CommentsPermalink
(1) prescribe regulations, after notice and an opportunity for a hearing, that establish time limits for accident and incident telephonic or electronic notification by pipeline operators to State and local government officials and emergency responders when a spill or rupture occurs; andCommentsClose CommentsPermalink
(2) review procedures for pipeline operators and the National Response Center to provide thorough and coordinated notification to all relevant emergency response officials and revise such procedures as appropriate.CommentsClose CommentsPermalink
SEC. 12. 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 (
(b) Conforming Amendment- Section 311(b)(6)(A) of the Federal Water Pollution Control Act (
SEC. 13. PIPELINE INFRASTRUCTURE DATA COLLECTION.
(a) In General- Section 60132(a) is amended--CommentsClose CommentsPermalink
(1) by striking ‘and gathering lines’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(4) Any other geospatial, technical, or other related pipeline data, including design and material specifications, that the Secretary determines is necessary to carry out the purposes of this section. The Secretary shall give reasonable notice to operators that the data are being requested.’.CommentsClose CommentsPermalink
(b) Disclosure Limited to FOIA Requirements- Section 60132 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(d) 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.’.CommentsClose CommentsPermalink
SEC. 14. INTERNATIONAL COOPERATION AND CONSULTATION.
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- If the Secretary determines that it would benefit the United States, 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. 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- To the extent practicable, subject to guidance from the Secretary of State, the Secretary may consult with interested authorities in Canada, Mexico, and other interested authorities, as needed, 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) DIFFERENCES IN INTERNATIONAL STANDARDS AND REQUIREMENTS- Nothing in this section requires 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. 15. GAS AND HAZARDOUS LIQUID GATHERING LINES.
Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall complete a review of all exemptions for gas and hazardous liquid gathering lines. Based on this review the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and on Energy and Commerce of the House of Representatives containing the Secretary’s recommendations with respect to the modification or revocation of existing exemptions.CommentsClose CommentsPermalink
SEC. 16. TRANSPORTATION-RELATED OIL FLOW LINES.
Section 60102, as amended by section 5, is further amended by adding at the end the following:CommentsClose CommentsPermalink
‘(o) Transportation-related Oil Flow Lines-CommentsClose CommentsPermalink
‘(1) DATA COLLECTION- 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 well where it originated across areas not owned by the producer regardless of the extent to which the oil has been processed, if at all.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 17. ALASKA PROJECT COORDINATION.
(a) In General- Chapter 601, as amended by section 8 of this Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink
‘Sec. 60139. Alaska project coordination
‘The Secretary may provide technical assistance to the State of Alaska for the purpose of achieving coordinated and effective oversight of the construction, expansion, or operation of pipeline systems in Alaska. The assistance may include--CommentsClose CommentsPermalink
‘(1) conducting coordinated inspections of pipeline systems subject to the respective authorities of the Department of Transportation and the State of Alaska;CommentsClose CommentsPermalink
‘(2) consulting on the development and implementation of programs designed to manage the integrity risks associated with operating pipeline systems in the unique conditions of Alaska;CommentsClose CommentsPermalink
‘(3) training inspection and enforcement personnel and consulting on the development and implementation of inspection protocols and training programs; andCommentsClose CommentsPermalink
‘(4) entering into cooperative agreements, grants, or other transactions with the State of Alaska, the Joint Pipeline Office, other Federal agencies, and other public and private agencies to carry out the objectives of this section.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for chapter 601, as amended by section 8 of this Act, is further amended by inserting after the item relating to section 60138 the following new item:CommentsClose CommentsPermalink
‘60139. Alaska project coordination’.CommentsClose CommentsPermalink
SEC. 18. COST RECOVERY FOR DESIGN REVIEWS.
Section 60117(n) is amended to read as follows:CommentsClose CommentsPermalink
‘(n) Cost Recovery for Design Reviews-CommentsClose CommentsPermalink
‘(1) IN GENERAL-CommentsClose CommentsPermalink
‘(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 new gas or hazardous liquid pipeline or liquefied natural gas pipeline facility, including construction inspections and oversight, the Secretary may require the person or entity 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 section, 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 section. This authority is in addition to the authority provided in section 60301 of this title, but the Secretary may not collect fees under this section and section 60301 for the same design safety review.CommentsClose CommentsPermalink
‘(B) PROJECTS TO WHICH APPLICABLE- Subparagraph (A) applies to any project that--CommentsClose CommentsPermalink
‘(i) has design and construction costs totaling at least $3,400,000,000; orCommentsClose CommentsPermalink
‘(ii) uses new or novel technologies or designs.CommentsClose CommentsPermalink
‘(2) NOTIFICATION- For any new pipeline construction project in which the Secretary will conduct design reviews, the person or entity 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.CommentsClose CommentsPermalink
‘(3) DEPOSIT AND USE- There is established a Pipeline Safety Design Review Fund in the Treasury of the United States. The Secretary shall deposit funds paid under this subsection into the Fund. Funds deposited under this section are authorized to be appropriated for the purposes set forth in this chapter. Fees authorized under this section shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts.CommentsClose CommentsPermalink
‘(4) NO ADDITIONAL PERMITTING AUTHORITY- Nothing in this subsection shall be construed as authorizing the Secretary to require a person to obtain a permit before beginning design and construction in connection with a project described in paragraph (1)(B).’.CommentsClose CommentsPermalink
SEC. 19. SPECIAL PERMITS.
Section 60118(c)(1) is amended to read as follows:CommentsClose CommentsPermalink
‘(1) ISSUANCE OF WAIVERS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- On application of an owner or operator of a pipeline facility, the Secretary by order may waive compliance with any part of an applicable standard prescribed under this chapter with respect to the facility on terms the Secretary considers appropriate, if the Secretary determines that the waiver is not inconsistent with pipeline safety.CommentsClose CommentsPermalink
‘(B) CONSIDERATIONS- In determining whether to grant a waiver, 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 or data the Secretary considers relevant to making the determination.CommentsClose CommentsPermalink
‘(C) EFFECTIVE PERIOD- A waiver of one or more pipeline operating requirements shall be reviewed by the Secretary 5 years after its effective date. In reviewing a waiver, the Secretary shall consider any change in ownership or control of the pipeline, any change in the conditions around the pipeline, and other factors as appropriate. The Secretary may modify, suspend, or revoke a waiver after such review under subparagraph (E).CommentsClose CommentsPermalink
‘(D) PUBLIC NOTICE AND HEARING- The Secretary may act on a waiver under this section only after public notice and an opportunity for a hearing, which may consist of publication of notice in the Federal Register that an application for a waiver has been filed and providing the public with the opportunity to review and comment on the application. If a waiver is granted, the Secretary shall state in the order and associated analysis the reasons for granting it.CommentsClose CommentsPermalink
‘(E) NONCOMPLIANCE AND MODIFICATION, SUSPENSION, OR REVOCATION- After notice to a holder of a waiver and opportunity to show cause, the Secretary may modify, suspend, or revoke a waiver issued under this section for failure to comply with its terms or conditions, intervening changes in Federal law, a material change in circumstances affecting safety, including erroneous information in the application, or any other reason. If necessary to avoid a significant risk of harm to persons, property, or the environment, the Secretary may waive the show cause procedure and make the action immediately effective.’.CommentsClose CommentsPermalink
SEC. 20. BIOFUEL PIPELINES.
Section 60101(a)(4) is amended--CommentsClose CommentsPermalink
(1) by striking ‘and’ after the semicolon in subparagraph (A);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, or corrosive or would be harmful to the environment if released in significant quantities; and’.CommentsClose CommentsPermalink
SEC. 21. CARBON DIOXIDE PIPELINES.
Section 60102(i) is amended to read as follows:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 22. STUDY OF THE TRANSPORTATION OF TAR SANDS CRUDE OIL.
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 regulations to determine whether these regulations are sufficient to regulate pipelines used for the transportation of tar sands crude oil. In conducting this review, the Secretary shall conduct an analysis of whether any increase in risk of release exists for pipelines transporting tar sands crude oil. The Secretary shall report the results of this review to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and on Energy and Commerce of the House of Representatives.CommentsClose CommentsPermalink
SEC. 23. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY PIPELINE.
The Secretary of Transportation may 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 should 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. The results of the analysis shall be made available to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and on Energy and Commerce of the House of Representatives.CommentsClose CommentsPermalink
SEC. 24. CLARIFICATIONS.
(a) Amendment of Procedures Clarification- Section 60108(a)(1) is amended by striking ‘an intrastate’ and inserting ‘a’.CommentsClose CommentsPermalink
(b) Owner and 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 subsection does not apply to proceedings against persons who are pipeline operators.’.CommentsClose CommentsPermalink
SEC. 25. ADDITIONAL RESOURCES.
(a) In General- To the extent funds are appropriated, the Secretary of Transportation shall increase the personnel of the Pipeline and Hazardous Materials Safety Administration by a total of 39 full-time employees to carry out the pipeline safety program and the administration of that program, of which at least--CommentsClose CommentsPermalink
(1) 9 employees shall be added in fiscal year 20112;CommentsClose CommentsPermalink
(2) 10 employees shall be added in fiscal year 20123;CommentsClose CommentsPermalink
(3) 10 employees shall be added in fiscal year 20134; andCommentsClose CommentsPermalink
(4) 10 employees shall be added in fiscal year 20145.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 of pipeline enforcement personnel.CommentsClose CommentsPermalink
SEC. 26. MAINTENANCE OF EFFORT.
Section 60107(b) is amended to read as follows:CommentsClose CommentsPermalink
‘(b) Payments- After notifying and consulting with a State authority, the Secretary may withhold any part of a payment when the Secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent. The Secretary may pay an authority under this section only when the authority ensures the Secretary that it will provide the remaining costs of a safety program and that the total State amount spent for a safety program (excluding grants of the United States Government) will at least equal the average amount spent for gas and hazardous liquid safety programs for fiscal years 2004 through 2006, except when the Secretary waives the requirements of this subsection. The Secretary shall grant such a waiver if a State can demonstrate an inability to maintain or increase the required funding share of its pipeline safety program at or above the level required by this subsection due to economic hardship in that State.’.CommentsClose CommentsPermalink
SEC. 27. MAXIMUM ALLOWABLE OPERATING PRESSURE.
(a) Establishment of Records-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall require pipeline operators to conduct a verification of records for all interstate and intrastate gas transmission lines in class 3 and class 4 locations and class 1 and class 2 high consequence areas that accurately reflect the pipeline’s physical and operational characteristics and confirm the established maximum allowable operating pressure of those pipelines.CommentsClose CommentsPermalink
(2) ELEMENTS- Verification of each record under paragraph (1) shall include such elements as the Secretary considers appropriate.CommentsClose CommentsPermalink
(b) Reporting-CommentsClose CommentsPermalink
(1) DOCUMENTATION OF CERTAIN PIPELINES- Not later than 18 months after the date of enactment of this Act, pipeline operators shall submit to the Secretary documentation of all interstate and intrastate gas transmission pipelines in class 3 and class 4 locations and class 1 and class 2 high consequence areas where the records required under subsection (a) are not sufficient to confirm the established maximum allowable operating pressure of those pipeline segments.CommentsClose CommentsPermalink
(2) EXCEEDANCES OF MAXIMUM ALLOWABLE OPERATING PRESSURE- All pipeline operators shall report any exceedance of the maximum allowable operating pressure for gas transmission pipelines that exceed the build-up allowed for operation of pressure-limiting or control devices to the Secretary not later than 5 working days after the exceedance occurs. Notice of exceedance by gas transmission pipelines shall be provided concurrently to appropriate State authorities.CommentsClose CommentsPermalink
(c) Determination of Maximum Allowable Operating Pressure-CommentsClose CommentsPermalink
(1) IN GENERAL- For any transmission line reported in subsection (b), the Secretary shall require the operator of the transmission line to reconfirm a maximum allowable operational pressure as expeditiously as economically feasible.CommentsClose CommentsPermalink
(2) INTERIM ACTIONS- For cases described in paragraph (1), the Secretary will determine what actions are appropriate for a pipeline operator to take to maintain safety until a maximum allowable operating pressure is confirmed. In determining what actions an operator should take, the Secretary shall take into account consequences to public safety and the environment, impacts on pipeline system reliability and deliverability, and other factors, as appropriate.CommentsClose CommentsPermalink
(d) Testing Regulations- The Secretary shall, not later than 18 months after the date of the enactment of this Act, prescribe regulations for conducting tests to confirm the material strength of previously untested natural gas transmission pipelines located in areas identified pursuant to
SEC. 28. ADMINISTRATIVE ENFORCEMENT PROCESS.
(a) Issuance of Regulations-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 2 years after the date of the enactment of this Act, the Secretary shall prescribe regulations--CommentsClose CommentsPermalink
(A) requiring hearings under sections 60112, 60117, 60118, and 60122 to be convened before a presiding official;CommentsClose CommentsPermalink
(B) providing the opportunity for any person requesting a hearing under sections 60112, 60117, 60118, and 60122 to arrange for a transcript of that hearing, at the expense of the requesting person; andCommentsClose CommentsPermalink
(C) ensuring expedited review of any order issued pursuant to section 60112(e).CommentsClose CommentsPermalink
(2) PRESIDING OFFICIAL- The regulations prescribed under this subsection shall--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) require that the presiding official must be an attorney on the staff of the Deputy Chief Counsel that is not engaged in investigative or prosecutorial functions, including the preparation of notices of probable violations, orders relating to civil penalty assessments, compliance orders, or corrective action orders.CommentsClose CommentsPermalink
(b) Standards of Judicial Review- Section 60119(a) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(3) All judicial review of agency action under this section shall apply the standards of review established in section 706 of title 5.’.CommentsClose CommentsPermalink
SEC. 29. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid-CommentsClose CommentsPermalink
(1) Section 60125(a)(1) is amended by striking subparagraphs (A) through (D) and inserting the following:CommentsClose CommentsPermalink
‘(A) for fiscal year 20112, $92,206,000, of which $9,200,000 is for carrying out such section 12 and $36,958,000 is for making grants;CommentsClose CommentsPermalink
‘(B) for fiscal year 20123, $96,144,000, of which $9,600,000 for carrying out such section 12 and $39,611,000 is for making grants;CommentsClose CommentsPermalink
‘(C) for fiscal year 20134, $99,876,000, of which $9,900,000 is for carrying out such section 12 and $41,148,000 is for making grants; andCommentsClose CommentsPermalink
‘(D) for fiscal year 20145, $102,807,000, of which $10,200,000 is for carrying out such section 12 and $42,356,000 is for making grants.’.CommentsClose CommentsPermalink
(2) Section 60125(a)(2) is amended by striking subparagraphs (A) through (D) and inserting the following:CommentsClose CommentsPermalink
‘(A) for fiscal year 20112, $18,905,000, of which $7,562,000 is for carrying out such section 12 and $7,864,000 is for making grants;CommentsClose CommentsPermalink
‘(B) for fiscal year 20123, $19,661,000, of which $7,864,000 is for carrying out such section 12 and $7,864,000 is for making grants;CommentsClose CommentsPermalink
‘(C) for fiscal year 20134, $20,000,000, of which $8,000,000 is for carrying out such section 12 and $8,000,000 is for making grants; andCommentsClose CommentsPermalink
‘(D) for fiscal year 20145, $20,000,000, of which $8,000,000 is for carrying out such section 12 and $8,000,000 is for making grants.’.CommentsClose CommentsPermalink
(b) Emergency Response Grants- Section 60125(b)(2) is amended by striking ‘2007 through 2010’ and inserting ‘2011 through 20142 through 2015’.CommentsClose CommentsPermalink
(c) One-call Notification Programs- Section 6107 is amended--CommentsClose CommentsPermalink
(1) by striking ‘2007 through 2010.’ in subsection (a) and inserting ‘2011 through 20142 through 2015.’;CommentsClose CommentsPermalink
(2) by striking ‘2007 through 2010.’ in subsection (b) and inserting ‘2011 through 20142 through 2015.’; andCommentsClose CommentsPermalink
(3) by striking subsection (c).CommentsClose CommentsPermalink
(d) State Damage Prevention Programs- Section 60134 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(i) Authorization of Appropriations- There are authorized to be appropriated to the Secretary to provide grants under this section $2,000,000 for each of fiscal years 2011 through 20142 through 2015. The funds shall remain available until expended.’.CommentsClose CommentsPermalink
(e) Community Pipeline Safety Information Grants- Section 60130 is amended--CommentsClose CommentsPermalink
(1) by striking ‘$50,000’ in subsection (a)(1) and inserting ‘$100,000’; andCommentsClose CommentsPermalink
(2) by striking ‘2003 through 2010.’ in subsection (d) and inserting ‘2011 through 20142 through 2015.’.CommentsClose CommentsPermalink
(f) Pipeline Transportation Research and Development- Section 12 of the Pipeline Safety Improvement Act of 2002 (
(1) by adding at the end of subsection (d) the following:CommentsClose CommentsPermalink
‘(3) ONGOING PIPELINE TRANSPORTATION RESEARCH AND DEVELOPMENT- After the initial 5-year program plan has been carried out by the participating agencies, the Secretary of Transportation shall prepare a research and development program plan every 5 years thereafter and shall transmit a report to Congress on the status and results-to-date of implementation of the program each year that funds are appropriated for carrying out the plan.’; andCommentsClose CommentsPermalink
(2) by striking ‘2003 through 2006.’ in subsection (f) and inserting ‘2011 through 20142 through 2015.’.CommentsClose CommentsPermalink
SEC. 30. PAYGO COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.CommentsClose CommentsPermalink
Passed the Senate October 17, 2011.CommentsClose CommentsPermalink
Attest:CommentsClose CommentsPermalink
Secretary.CommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 275CommentsClose CommentsPermalink
[Report No. 112-30] A BILL
To amend title 49, United States Code, to provide for enhanced safety and environmental protection in pipeline transportation, to provide for enhanced reliability in the transportation of the Nation’s energy products by pipeline, and for other purposes. July 7, 2011 Reported with an amendment
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