S.Amdt. 783Senate112th Congress (2011-2013)
To include the statutorily required PAYGO language.
Sponsored by 
Sen. John D. Rockefeller IV (D-WV)
Sen. John D. Rockefeller IV (D-WV)Submitted October 17, 2011
Text
Proposed
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
PIPELINE TRANSPORTATION SAFETY IMPROVEMENT ACT OF 2011
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to Calendar No. 96.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
A bill (S. 275) 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.
There being no objection, the Senate proceeded to consider the bill
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
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''.
(b) Amendment of Title 49, United States Code.--Except as
otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to,
or a repeal of, a section or other provision, the reference
shall be considered to be made to a section or other
provision of title 49, United States Code.
(c) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; amendment of title 49, United States Code; table
of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Offshore gathering pipelines.
Sec. 5. Automatic and remote-controlled shut-off valves.
Sec. 6. Excess flow valves.
Sec. 7. Integrity management.
Sec. 8. Public education and awareness.
Sec. 9. Cast iron gas pipelines.
Sec. 10. Leak detection.
Sec. 11. Incident notification.
Sec. 12. Transportation-related onshore facility response plan
compliance.
Sec. 13. Pipeline infrastructure data collection.
Sec. 14. International cooperation and consultation.
Sec. 15. Gas and hazardous liquid gathering lines.
Sec. 16. Transportation-related oil flow lines.
Sec. 17. Alaska project coordination.
Sec. 18. Cost recovery for design reviews.
Sec. 19. Special permits.
Sec. 20. Biofuel pipelines.
Sec. 21. Carbon dioxide pipelines.
Sec. 22. Study of the transportation of tar sands crude oil.
Sec. 23. Study of non-petroleum hazardous liquids transported by
pipeline.
Sec. 24. Clarifications.
Sec. 25. Additional resources.
Sec. 26. Maintenance of effort.
Sec. 27. Maximum allowable operating pressure.
Sec. 28. Administrative enforcement process.
Sec. 29. Authorization of appropriations.
SEC. 2. CIVIL PENALTIES.
(a) Penalty Considerations; Major Consequence Violations.--
Section 60122 is amended--
(1) by striking ``the ability to pay,'' in subsection
(b)(1)(B);
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Penalties for Major Consequence Violations.--
``(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.
``(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).
``(3) Major consequence violation defined.--In this
subsection, the term `major consequence violation' means a
violation that contributed to an incident resulting in--
``(A) 1 or more deaths;
``(B) 1 or more injuries or illnesses requiring in-patient
hospitalization; or
``(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.''.
(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.''.
(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.''.
(d) Judicial Review of Administrative Enforcement Orders.--
Section 60119(a) is amended--
(1) by striking the subsection caption and inserting ``(a)
Review of Regulations, Orders, and Other Final Agency
Actions.--''; and
(2) by striking ``about an application for a waiver under
section 60118(c) or (d) of'' and inserting ``under''.
SEC. 3. PIPELINE DAMAGE PREVENTION.
(a) Minimum Standards for State One-call Notification
Programs.--Section 6103(a) is amended to read as follows:
``(a) Minimum Standards.--
``(1) In general.--In order to qualify for a grant under
section 6106, a State one-call notification program shall, at
a minimum, provide for--
``(A) appropriate participation by all underground facility
operators, including all government operators;
``(B) appropriate participation by all excavators,
including all government and contract excavators; and
``(C) flexible and effective enforcement under State law
with respect to participation in, and use of, one-call
notification systems.
``(2) Exemptions prohibited.--A State one-call notification
program may not exempt municipalities, State agencies, or
their contractors from its one-call notification system
requirements.''.
(b) State Damage Prevention Programs.--Section 60134(a) is
amended--
(1) by striking ``and'' after the semicolon in paragraph
(1);
(2) by striking ``(b).'' in paragraph (2) and inserting
``(b); and''; and
(3) by adding at the end the following:
``(3) does not provide any exemptions to municipalities,
State agencies, or their contractors from its one-call
notification system requirements.''.
(c) Effective Date.--The amendments made by this section
shall take effect 2 years after the date of enactment of this
Act.
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.''.
SEC. 5. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.
Section 60102 is amended by adding at the end the
following:
``(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.''.
SEC. 6. EXCESS FLOW VALVES.
Section 60109(e)(3) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) Distribution branch services, multi-family
facilities, and small commercial facilities.--Not later than
2 years after the date of enactment of the Pipeline
Transportation
[[Page S6614]]
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.''.
SEC. 7. INTEGRITY MANAGEMENT.
(a) Evaluation.--Within 1 year after the date of enactment
of this Act, the Secretary of Transportation shall evaluate--
(1) whether integrity management system requirements, or
elements thereof, should be expanded beyond high consequence
areas (as defined under section 60109(a) of title 49, United
States Code);
(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;
and
(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.
(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.
(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.
(d) Seismicity.--In identifying high consequence areas
under section 60109, the Secretary shall consider the
seismicity of the area.
SEC. 8. PUBLIC EDUCATION AND AWARENESS.
(a) In General.--Chapter 601 is amended by adding at the
end the following:
``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--
``(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--
``(A) identification of the operator inspected;
``(B) the type of inspection;
``(C) the results of the inspection, including any
deficiencies identified; and
``(D) any corrective actions required to be taken by the
operator to remediate such deficiencies;
``(2) maintain--
``(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;
``(B) a comprehensive description of the requirements for
such plans; and
``(C) a detailed summary of each approved plan written by
the operator that includes the key elements of the plan, but
which may exclude--
``(i) proprietary information;
``(ii) security-sensitive information, including as
referenced in section 1520.5(a) of title 49, code of Federal
Regulations;
``(iii) specific response resources and tactical resource
deployment plans; and
``(iv) the specific amount and location of worst-case
discharges, including the process by which an operator
determines the worst discharge.
``(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
``(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.
``(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.
``(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.''.
(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:
``60138. Public education and awareness''.
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--
(1) the extent to which each operator has adopted a plan
for the safe management and replacement of cast iron
pipelines;
(2) the elements of the plan, including the anticipated
rate of replacement; and
(3) the progress that has been made.
(b) Survey Frequency.--Section 60108(d) is amended by
adding at the end the following new paragraph:
``(4) The secretary shall conduct a follow-up survey to
measure progress of plan implementation biannually.''.
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.
(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.
SEC. 11. INCIDENT NOTIFICATION.
Not later than 18 months after the date of enactment of
this Act, the Secretary of Transportation shall--
(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
(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.
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 (33
U.S.C. 1321(m)(2)) are each amended by striking
``Administrator or'' and inserting ``Administrator, the
Secretary of Transportation, or''.
(b) Conforming Amendment.--Section 311(b)(6)(A) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)(A))
is amended by striking ``operating or'' and inserting
``operating, the Secretary of Transportation, or''.
SEC. 13. PIPELINE INFRASTRUCTURE DATA COLLECTION.
(a) In General.--Section 60132(a) is amended--
(1) by striking ``and gathering lines''; and
(2) by adding at the end the following:
``(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.''.
(b) Disclosure Limited to FOIA Requirements.--Section 60132
is amended by adding at the end the following:
``(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.''.
SEC. 14. INTERNATIONAL COOPERATION AND CONSULTATION.
Section 60117 is amended by adding at the end the
following:
``(o) International Cooperation and Consultation.--
``(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.
``(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.
``(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.''.
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.
SEC. 16. TRANSPORTATION-RELATED OIL FLOW LINES.
Section 60102, as amended by section 5, is further amended
by adding at the end the following:
``(o) Transportation-related Oil Flow Lines.--
``(1) Data collection.--The Secretary may collect
geospatial, technical, or other pipeline
[[Page S6615]]
data on transportation-related oil flow lines, including
unregulated transportation-related oil flow lines.
``(2) Transportation-related oil flow line defined.--In
this subsection, the term `transportation-related oil flow
line' means a pipeline transporting oil off of the grounds of
the well where it originated across areas not owned by the
producer regardless of the extent to which the oil has been
processed, if at all.
``(3) Limitation.--Nothing in this subsection authorizes
the Secretary to prescribe standards for the movement of oil
through production, refining, or manufacturing facilities, or
through oil production flow lines located on the grounds of
wells.''.
SEC. 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:
``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--
``(1) conducting coordinated inspections of pipeline
systems subject to the respective authorities of the
Department of Transportation and the State of Alaska;
``(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;
``(3) training inspection and enforcement personnel and
consulting on the development and implementation of
inspection protocols and training programs; and
``(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.''.
(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:
``60139. Alaska project coordination''.
SEC. 18. COST RECOVERY FOR DESIGN REVIEWS.
Section 60117(n) is amended to read as follows:
``(n) Cost Recovery for Design Reviews.--
``(1) In general.--
``(A) Review costs.--For any project described in
subparagraph (B), if the Secretary conducts facility design
safety reviews in connection with a proposal to construct,
expand, or operate a 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.
``(B) Projects to which applicable.--Subparagraph (A)
applies to any project that--
``(i) has design and construction costs totaling at least
$3,400,000,000; or
``(ii) uses new or novel technologies or designs.
``(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.
``(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.
``(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).''.
SEC. 19. SPECIAL PERMITS.
Section 60118(c)(1) is amended to read as follows:
``(1) Issuance of waivers.--
``(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.
``(B) Considerations.--In determining whether to grant a
waiver, the Secretary shall consider--
``(i) the fitness of the applicant to conduct the activity
authorized by the waiver in a manner that is consistent with
pipeline safety;
``(ii) the applicant's compliance history;
``(iii) the applicant's accident history; and
``(iv) any other information or data the Secretary
considers relevant to making the determination.
``(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).
``(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.
``(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.''.
SEC. 20. BIOFUEL PIPELINES.
Section 60101(a)(4) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) non-petroleum fuels, including biofuels that are
flammable, toxic, or corrosive or would be harmful to the
environment if released in significant quantities; and''.
SEC. 21. CARBON DIOXIDE PIPELINES.
Section 60102(i) is amended to read as follows:
``(i) Pipelines Transporting Carbon Dioxide.--The Secretary
shall prescribe minimum safety standards for the
transportation of carbon dioxide by pipeline in either a
liquid or gaseous state.''.
SEC. 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.
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.
SEC. 24. CLARIFICATIONS.
(a) Amendment of Procedures Clarification.--Section
60108(a)(1) is amended by striking ``an intrastate'' and
inserting ``a''.
(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''.
(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.''.
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--
(1) 9 employees shall be added in fiscal year 2011;
(2) 10 employees shall be added in fiscal year 2012;
(3) 10 employees shall be added in fiscal year 2013; and
(4) 10 employees shall be added in fiscal year 2014.
(b) Functions.--In increasing the number of employees under
subsection (a), the Secretary shall focus on hiring
employees--
(1) to conduct data collection, analysis, and reporting;
(2) to develop, implement, and update information
technology;
[[Page S6616]]
(3) to conduct inspections of pipeline facilities to
determine compliance with applicable regulations and
standards;
(4) to provide administrative, legal, and other support for
pipeline enforcement activities; and
(5) to support the overall pipeline safety mission of the
Pipeline and Hazardous Materials Safety Administration,
including training of pipeline enforcement personnel.
SEC. 26. MAINTENANCE OF EFFORT.
Section 60107(b) is amended to read as follows:
``(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.''.
SEC. 27. MAXIMUM ALLOWABLE OPERATING PRESSURE.
(a) Establishment of Records.--
(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.
(2) Elements.--Verification of each record under paragraph
(1) shall include such elements as the Secretary considers
appropriate.
(b) Reporting.--
(1) Documentation of certain pipelines.--Not later than 18
months after the date of enactment of this 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.
(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.
(c) Determination of Maximum Allowable Operating
Pressure.--
(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.
(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.
SEC. 28. ADMINISTRATIVE ENFORCEMENT PROCESS.
(a) Issuance of Regulations.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall prescribe
regulations--
(A) requiring hearings under sections 60112, 60117, 60118,
and 60122 to be convened before a presiding official;
(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; and
(C) ensuring expedited review of any order issued pursuant
to section 60112(e).
(2) Presiding official.--The regulations prescribed under
this subsection shall--
(A) define the term ``presiding official'' to mean the
person who conducts any hearing relating to civil penalty
assessments, compliance orders, safety orders, or corrective
action orders; and
(B) require that the presiding official 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.
(b) Standards of Judicial Review.--Section 60119(a) is
amended by adding at the end the following new paragraph:
``(3) All judicial review of agency action under this
section shall apply the standards of review established in
section 706 of title 5.''.
SEC. 29. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--
(1) Section 60125(a)(1) is amended by striking
subparagraphs (A) through (D) and inserting the following:
``(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;
``(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;
``(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
``(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.''.
(2) Section 60125(a)(2) is amended by striking
subparagraphs (A) through (D) and inserting the following:
``(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;
``(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;
``(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
``(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.''.
(b) Emergency Response Grants.--Section 60125(b)(2) is
amended by striking ``2007 through 2010'' and inserting
``2011 through 2014''.
(c) One-call Notification Programs.--Section 6107 is
amended--
(1) by striking ``2007 through 2010.'' in subsection (a)
and inserting ``2011 through 2014.'';
(2) by striking ``2007 through 2010.'' in subsection (b)
and inserting ``2011 through 2014.''; and
(3) by striking subsection (c).
(d) State Damage Prevention Programs.--Section 60134 is
amended by adding at the end the following:
``(i) Authorization of Appropriations.--There 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.''.
(e) Community Pipeline Safety Information Grants.--Section
60130 is amended--
(1) by striking ``$50,000'' in subsection (a)(1) and
inserting ``$100,000''; and
(2) by striking ``2003 through 2010.'' in subsection (d)
and inserting ``2011 through 2014.''.
(f) Pipeline Transportation Research and Development.--
Section 12 of the Pipeline Safety Improvement Act of 2002 (49
U.S.C. 60101 note) is amended--
(1) by adding at the end of subsection (d) the following:
``(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
(2) by striking ``2003 through 2006.'' in subsection (f)
and inserting ``2011 through 2014.''.
Mr. REID. Mr. President, I ask unanimous consent the committee-
reported substitute be considered, the Rockefeller and Paul amendments
at the desk be agreed to, the substitute amendment be agreed to, and
the bill as amended be read a third time and passed, the motion to
reconsider be considered made and laid upon the table, with no
intervening action or debate, and any statements relating to this
matter be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 783) was agreed to, as follows:
(Purpose: To include the statutorily required PAYGO language)
On page 64, after line 18, add the following:
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.
The amendment (No. 784) was agreed to.
(The text of the amendment is printed in today's Record under ``Text
of Amendments.'')
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The bill (S. 275), as amended, was ordered to be engrossed for a
third reading, was read the third time and passed, as follows:
S. 275
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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''.
(b) Amendment of Title 49, United States Code.--Except as
otherwise expressly provided, whenever in this Act an
amendment
[[Page S6617]]
or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of
title 49, United States Code.
(c) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; amendment of title 49, United States Code; table
of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Offshore gathering pipelines.
Sec. 5. Automatic and remote-controlled shut-off valves.
Sec. 6. Excess flow valves.
Sec. 7. Integrity management.
Sec. 8. Public education and awareness.
Sec. 9. Cast iron gas pipelines.
Sec. 10. Leak detection.
Sec. 11. Incident notification.
Sec. 12. Transportation-related onshore facility response plan
compliance.
Sec. 13. Pipeline infrastructure data collection.
Sec. 14. International cooperation and consultation.
Sec. 15. Gas and hazardous liquid gathering lines.
Sec. 16. Transportation-related oil flow lines.
Sec. 17. Alaska project coordination.
Sec. 18. Cost recovery for design reviews.
Sec. 19. Special permits.
Sec. 20. Biofuel pipelines.
Sec. 21. Carbon dioxide pipelines.
Sec. 22. Study of the transportation of tar sands crude oil.
Sec. 23. Study of non-petroleum hazardous liquids transported by
pipeline.
Sec. 24. Clarifications.
Sec. 25. Additional resources.
Sec. 26. Maintenance of effort.
Sec. 27. Maximum allowable operating pressure.
Sec. 28. Administrative enforcement process.
Sec. 29. Authorization of appropriations.
Sec. 30. PAYGO compliance.
SEC. 2. CIVIL PENALTIES.
(a) Penalty Considerations; Major Consequence Violations.--
Section 60122 is amended--
(1) by striking ``the ability to pay,'' in subsection
(b)(1)(B);
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Penalties for Major Consequence Violations.--
``(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.
``(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).
``(3) Major consequence violation defined.--In this
subsection, the term `major consequence violation' means a
violation that contributed to an incident resulting in--
``(A) 1 or more deaths;
``(B) 1 or more injuries or illnesses requiring in-patient
hospitalization; or
``(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.''.
(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.''.
(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.''.
(d) Judicial Review of Administrative Enforcement Orders.--
Section 60119(a) is amended--
(1) by striking the subsection caption and inserting ``(a)
Review of Regulations, Orders, and Other Final Agency
Actions.--''; and
(2) by striking ``about an application for a waiver under
section 60118(c) or (d) of'' and inserting ``under''.
SEC. 3. PIPELINE DAMAGE PREVENTION.
(a) Minimum Standards for State One-call Notification
Programs.--Section 6103(a) is amended to read as follows:
``(a) Minimum Standards.--
``(1) In general.--In order to qualify for a grant under
section 6106, a State one-call notification program shall, at
a minimum, provide for--
``(A) appropriate participation by all underground facility
operators, including all government operators;
``(B) appropriate participation by all excavators,
including all government and contract excavators; and
``(C) flexible and effective enforcement under State law
with respect to participation in, and use of, one-call
notification systems.
``(2) Exemptions prohibited.--A State one-call notification
program may not exempt municipalities, State agencies, or
their contractors from its one-call notification system
requirements.''.
(b) State Damage Prevention Programs.--Section 60134(a) is
amended--
(1) by striking ``and'' after the semicolon in paragraph
(1);
(2) by striking ``(b).'' in paragraph (2) and inserting
``(b); and''; and
(3) by adding at the end the following:
``(3) does not provide any exemptions to municipalities,
State agencies, or their contractors from its one-call
notification system requirements.''.
(c) Effective Date.--The amendments made by this section
shall take effect 2 years after the date of enactment of this
Act.
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.''.
SEC. 5. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.
Section 60102 is amended by adding at the end the
following:
``(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.''.
SEC. 6. EXCESS FLOW VALVES.
Section 60109(e)(3) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) Distribution branch services, 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.''.
SEC. 7. INTEGRITY MANAGEMENT.
(a) Evaluation.--Within 1 year after the date of enactment
of this Act, the Secretary of Transportation shall evaluate--
(1) whether integrity management system requirements, or
elements thereof, should be expanded beyond high consequence
areas (as defined under section 60109(a) of title 49, United
States Code);
(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;
and
(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.
(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.
(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.
(d) Seismicity.--In identifying high consequence areas
under section 60109, the Secretary shall consider the
seismicity of the area.
SEC. 8. PUBLIC EDUCATION AND AWARENESS.
(a) In General.--Chapter 601 is amended by adding at the
end the following:
``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--
``(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--
``(A) identification of the operator inspected;
``(B) the type of inspection;
``(C) the results of the inspection, including any
deficiencies identified; and
[[Page S6618]]
``(D) any corrective actions required to be taken by the
operator to remediate such deficiencies;
``(2) maintain--
``(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;
``(B) a comprehensive description of the requirements for
such plans; and
``(C) a detailed summary of each approved plan written by
the operator that includes the key elements of the plan, but
which may exclude--
``(i) proprietary information;
``(ii) security-sensitive information, including as
referenced in section 1520.5(a) of title 49, code of Federal
Regulations;
``(iii) specific response resources and tactical resource
deployment plans; and
``(iv) the specific amount and location of worst-case
discharges, including the process by which an operator
determines the worst discharge.
``(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
``(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.
``(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.
``(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.''.
(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:
``60138. Public education and awareness''.
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--
(1) the extent to which each operator has adopted a plan
for the safe management and replacement of cast iron
pipelines;
(2) the elements of the plan, including the anticipated
rate of replacement; and
(3) the progress that has been made.
(b) Survey Frequency.--Section 60108(d) is amended by
adding at the end the following new paragraph:
``(4) The secretary shall conduct a follow-up survey to
measure progress of plan implementation biannually.''.
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.
(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.
SEC. 11. INCIDENT NOTIFICATION.
Not later than 18 months after the date of enactment of
this Act, the Secretary of Transportation shall--
(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
(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.
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 (33
U.S.C. 1321(m)(2)) are each amended by striking
``Administrator or'' and inserting ``Administrator, the
Secretary of Transportation, or''.
(b) Conforming Amendment.--Section 311(b)(6)(A) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)(A))
is amended by striking ``operating or'' and inserting
``operating, the Secretary of Transportation, or''.
SEC. 13. PIPELINE INFRASTRUCTURE DATA COLLECTION.
(a) In General.--Section 60132(a) is amended--
(1) by striking ``and gathering lines''; and
(2) by adding at the end the following:
``(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.''.
(b) Disclosure Limited to FOIA Requirements.--Section 60132
is amended by adding at the end the following:
``(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.''.
SEC. 14. INTERNATIONAL COOPERATION AND CONSULTATION.
Section 60117 is amended by adding at the end the
following:
``(o) International Cooperation and Consultation.--
``(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.
``(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.
``(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.''.
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.
SEC. 16. TRANSPORTATION-RELATED OIL FLOW LINES.
Section 60102, as amended by section 5, is further amended
by adding at the end the following:
``(o) Transportation-related Oil Flow Lines.--
``(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.
``(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.
``(3) Limitation.--Nothing in this subsection authorizes
the Secretary to prescribe standards for the movement of oil
through production, refining, or manufacturing facilities, or
through oil production flow lines located on the grounds of
wells.''.
SEC. 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:
``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--
``(1) conducting coordinated inspections of pipeline
systems subject to the respective authorities of the
Department of Transportation and the State of Alaska;
``(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;
``(3) training inspection and enforcement personnel and
consulting on the development and implementation of
inspection protocols and training programs; and
``(4) entering into cooperative agreements, grants, or
other transactions with the State
[[Page S6619]]
of Alaska, the Joint Pipeline Office, other Federal agencies,
and other public and private agencies to carry out the
objectives of this section.''.
(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:
``60139. Alaska project coordination''.
SEC. 18. COST RECOVERY FOR DESIGN REVIEWS.
Section 60117(n) is amended to read as follows:
``(n) Cost Recovery for Design Reviews.--
``(1) In general.--
``(A) Review costs.--For any project described in
subparagraph (B), if the Secretary conducts facility design
safety reviews in connection with a proposal to construct,
expand, or operate a 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.
``(B) Projects to which applicable.--Subparagraph (A)
applies to any project that--
``(i) has design and construction costs totaling at least
$3,400,000,000; or
``(ii) uses new or novel technologies or designs.
``(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.
``(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.
``(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).''.
SEC. 19. SPECIAL PERMITS.
Section 60118(c)(1) is amended to read as follows:
``(1) Issuance of waivers.--
``(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.
``(B) Considerations.--In determining whether to grant a
waiver, the Secretary shall consider--
``(i) the fitness of the applicant to conduct the activity
authorized by the waiver in a manner that is consistent with
pipeline safety;
``(ii) the applicant's compliance history;
``(iii) the applicant's accident history; and
``(iv) any other information or data the Secretary
considers relevant to making the determination.
``(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).
``(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.
``(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.''.
SEC. 20. BIOFUEL PIPELINES.
Section 60101(a)(4) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) non-petroleum fuels, including biofuels that are
flammable, toxic, or corrosive or would be harmful to the
environment if released in significant quantities; and''.
SEC. 21. CARBON DIOXIDE PIPELINES.
Section 60102(i) is amended to read as follows:
``(i) Pipelines Transporting Carbon Dioxide.--The Secretary
shall prescribe minimum safety standards for the
transportation of carbon dioxide by pipeline in either a
liquid or gaseous state.''.
SEC. 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.
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.
SEC. 24. CLARIFICATIONS.
(a) Amendment of Procedures Clarification.--Section
60108(a)(1) is amended by striking ``an intrastate'' and
inserting ``a''.
(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''.
(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.''.
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--
(1) 9 employees shall be added in fiscal year 2012;
(2) 10 employees shall be added in fiscal year 2013;
(3) 10 employees shall be added in fiscal year 2014; and
(4) 10 employees shall be added in fiscal year 2015.
(b) Functions.--In increasing the number of employees under
subsection (a), the Secretary shall focus on hiring
employees--
(1) to conduct data collection, analysis, and reporting;
(2) to develop, implement, and update information
technology;
(3) to conduct inspections of pipeline facilities to
determine compliance with applicable regulations and
standards;
(4) to provide administrative, legal, and other support for
pipeline enforcement activities; and
(5) to support the overall pipeline safety mission of the
Pipeline and Hazardous Materials Safety Administration,
including training of pipeline enforcement personnel.
SEC. 26. MAINTENANCE OF EFFORT.
Section 60107(b) is amended to read as follows:
``(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.
[[Page S6620]]
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.''.
SEC. 27. MAXIMUM ALLOWABLE OPERATING PRESSURE.
(a) Establishment of Records.--
(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.
(2) Elements.--Verification of each record under paragraph
(1) shall include such elements as the Secretary considers
appropriate.
(b) Reporting.--
(1) Documentation of certain pipelines.--Not later than 18
months after the date of enactment of this 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.
(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.
(c) Determination of Maximum Allowable Operating
Pressure.--
(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.
(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.
(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 section 60109(a) of title 49, United States Code, and
operating at a pressure greater than 30 percent of specified
minimum yield strength. The Secretary shall consider safety
testing methodologies including, at a minimum, pressure
testing or other alternative methods, including in-line
inspections, determined by the Secretary to be of equal or
greater effectiveness. The Secretary, in consultation with
the Chairman of the Federal Energy Regulatory Commission and
State regulators, as appropriate, shall establish timeframes
for the completion of such testing that take into account
consequences to public safety and the environment and that
minimize costs and service disruptions.
SEC. 28. ADMINISTRATIVE ENFORCEMENT PROCESS.
(a) Issuance of Regulations.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall prescribe
regulations--
(A) requiring hearings under sections 60112, 60117, 60118,
and 60122 to be convened before a presiding official;
(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; and
(C) ensuring expedited review of any order issued pursuant
to section 60112(e).
(2) Presiding official.--The regulations prescribed under
this subsection shall--
(A) define the term ``presiding official'' to mean the
person who conducts any hearing relating to civil penalty
assessments, compliance orders, safety orders, or corrective
action orders; and
(B) require that the presiding official 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.
(b) Standards of Judicial Review.--Section 60119(a) is
amended by adding at the end the following new paragraph:
``(3) All judicial review of agency action under this
section shall apply the standards of review established in
section 706 of title 5.''.
SEC. 29. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--
(1) Section 60125(a)(1) is amended by striking
subparagraphs (A) through (D) and inserting the following:
``(A) for fiscal year 2012, $92,206,000, of which
$9,200,000 is for carrying out such section 12 and
$36,958,000 is for making grants;
``(B) for fiscal year 2013, $96,144,000, of which
$9,600,000 for carrying out such section 12 and $39,611,000
is for making grants;
``(C) for fiscal year 2014, $99,876,000, of which
$9,900,000 is for carrying out such section 12 and
$41,148,000 is for making grants; and
``(D) for fiscal year 2015, $102,807,000, of which
$10,200,000 is for carrying out such section 12 and
$42,356,000 is for making grants.''.
(2) Section 60125(a)(2) is amended by striking
subparagraphs (A) through (D) and inserting the following:
``(A) for fiscal year 2012, $18,905,000, of which
$7,562,000 is for carrying out such section 12 and $7,864,000
is for making grants;
``(B) for fiscal year 2013, $19,661,000, of which
$7,864,000 is for carrying out such section 12 and $7,864,000
is for making grants;
``(C) 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; and
``(D) for fiscal year 2015, $20,000,000, of which
$8,000,000 is for carrying out such section 12 and $8,000,000
is for making grants.''.
(b) Emergency Response Grants.--Section 60125(b)(2) is
amended by striking ``2007 through 2010'' and inserting
``2012 through 2015''.
(c) One-call Notification Programs.--Section 6107 is
amended--
(1) by striking ``2007 through 2010.'' in subsection (a)
and inserting ``2012 through 2015.'';
(2) by striking ``2007 through 2010.'' in subsection (b)
and inserting ``2012 through 2015.''; and
(3) by striking subsection (c).
(d) State Damage Prevention Programs.--Section 60134 is
amended by adding at the end the following:
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to provide
grants under this section $2,000,000 for each of fiscal years
2012 through 2015. The funds shall remain available until
expended.''.
(e) Community Pipeline Safety Information Grants.--Section
60130 is amended--
(1) by striking ``$50,000'' in subsection (a)(1) and
inserting ``$100,000''; and
(2) by striking ``2003 through 2010.'' in subsection (d)
and inserting ``2012 through 2015.''.
(f) Pipeline Transportation Research and Development.--
Section 12 of the Pipeline Safety Improvement Act of 2002 (49
U.S.C. 60101 note) is amended--
(1) by adding at the end of subsection (d) the following:
``(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
(2) by striking ``2003 through 2006.'' in subsection (f)
and inserting ``2012 through 2015.''.
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.
____________________Legislative Activity
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Senate amendment agreed to: Amendment SA 783 agreed to in Senate by Unanimous Consent.
October 17, 2011
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Senate amendment agreed to: Amendment SA 783 agreed to in Senate by Unanimous Consent.
October 17, 2011
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Senate amendment proposed (on the floor): Amendment SA 783 proposed by Senator Reid for Senator Rockefeller.
October 17, 2011
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Senate amendment submitted
October 17, 2011
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Amendment SA 783 proposed by Senator Reid for Senator Rockefeller. (consideration: CR S6616; text: CR S6616) To include the statutorily required PAYGO language.
October 17, 2011
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Amendment SA 783 agreed to in Senate by Unanimous Consent.
October 17, 2011