[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2845 Enrolled Bill (ENR)]
H.R.2845
One Hundred Twelfth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
An Act
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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DEFINITIONS; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011''.
(b) Amendment of Title 49, United States Code.--Except as otherwise
expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a section or
other provision, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
(c) Definitions.--
(1) Applicability of chapter 601 definitions.--In this Act, any
term defined in chapter 601 of title 49, United States Code, has
the meaning given that term in that chapter.
(2) High-consequence area.--In this Act, the term ``high-
consequence area'' means an area described in section 60109(a) of
title 49, United States Code.
(d) Table of Contents.--The table of contents for this Act is as
follows:

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(a) General Penalties; Penalty Considerations.--Section 60122 is
amended--
(1) in subsection (a)(1)--
(A) in the first sentence by striking ``$100,000'' and
inserting ``$200,000''; and
(B) in the last sentence by striking ``$1,000,000'' and
inserting ``$2,000,000''; and
(2) in subsection (b)(1)(B) by striking ``the ability to
pay,''.
(b) Operator Assistance in Investigations.--Section 60118(e) is
amended to read as follows:
``(e) Operator Assistance in Investigations.--
``(1) Assistance and access.--If the Secretary or the National
Transportation Safety Board investigates an accident or incident
involving a pipeline facility, the operator of the facility shall--
``(A) make available to the Secretary or the Board all
records and information that in any way pertain to the accident
or incident, including integrity management plans and test
results; and
``(B) afford all reasonable assistance in the investigation
of the accident or incident.
``(2) Operator assistance in investigations.--
``(A) In general.--The Secretary may impose a civil penalty
under section 60122 on a person who obstructs or prevents the
Secretary from carrying out inspections or investigations under
this chapter.
``(B) Obstructs defined.--
``(i) In general.--In this paragraph, the term
`obstructs' includes actions that were known, or reasonably
should have been known, to prevent, hinder, or impede an
investigation without good cause.
``(ii) Good cause.--In clause (i), the term `good
cause' may include actions such as restricting access to
facilities that are not secure or safe for nonpipeline
personnel or visitors.''.
(c) Administrative Penalty Caps Inapplicable.--Section 60120(a)(1)
is amended by adding at the end the following: ``The maximum amount of
civil penalties for administrative enforcement actions under section
60122 shall not apply to enforcement actions under this section.''.
(d) Judicial Review of Administrative Enforcement Orders.--Section
60119(a) is amended--
(1) in the subsection heading by striking ``and Waiver Orders''
and inserting ``, Orders, and Other Final Agency Actions''; and
(2) by striking ``about an application for a waiver under
section 60118(c) or (d) of this title'' and inserting ``under this
chapter''.

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(a) Minimum Standards for State One-Call Notification Programs.--
Section 6103(a) is amended to read as follows:
``(a) Minimum Standards.--
``(1) In general.--In order to qualify for a grant under
section 6106, a State one-call notification program, at a minimum,
shall provide for--
``(A) appropriate participation by all underground facility
operators, including all government operators;
``(B) appropriate participation by all excavators,
including all government and contract excavators; and
``(C) flexible and effective enforcement under State law
with respect to participation in, and use of, one-call
notification systems.
``(2) Exemptions prohibited.--In order to qualify for a grant
under section 6106, a State one-call notification program may not
exempt municipalities, State agencies, or their contractors from
the one-call notification system requirements of the program.''.
(b) State Damage Prevention Programs.--Section 60134(a) is
amended--
(1) in paragraph (1) by striking ``and'' after the semicolon;
(2) in paragraph (2)(B) by striking ``(b).'' and inserting
``(b); and''; and
(3) by adding at the end the following:
``(3) does not provide any exemptions to municipalities, State
agencies, or their contractors from the one-call notification
system requirements of the program.''.
(c) Effective Date.--The amendments made by this section shall take
effect 2 years after the date of enactment of this Act.
(d) Excavation Damage.--
(1) Study.--The Secretary of Transportation shall conduct a
study on the impact of excavation damage on pipeline safety.
(2) Contents.--The study shall include--
(A) an analysis of the frequency and severity of different
types of excavation damage incidents;
(B) an analysis of exemptions to the one-call notification
system requirements in each State;
(C) a comparison of exemptions to the one-call notification
system requirements in each State to the types of excavation
damage incidents in that State; and
(D) an analysis of the potential safety benefits and
adverse consequences of eliminating all exemptions for
mechanized excavation from State one-call notification systems.
(3) Report.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure and the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
results of the study.

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Section 60102 is amended--
(1) by striking subsection (j)(3); and
(2) by adding at the end the following:
``(n) Automatic and Remote-Controlled Shut-off Valves for New
Transmission Pipelines.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, and after considering the factors
specified in subsection (b)(2), the Secretary, if appropriate,
shall require by regulation the use of automatic or remote-
controlled shut-off valves, or equivalent technology, where
economically, technically, and operationally feasible on
transmission pipeline facilities constructed or entirely replaced
after the date on which the Secretary issues the final rule
containing such requirement.
``(2) High-consequence area study.--
``(A) Study.--The Comptroller General of the United States
shall conduct a study on the ability of transmission pipeline
facility operators to respond to a hazardous liquid or gas
release from a pipeline segment located in a high-consequence
area.
``(B) Considerations.--In conducting the study, the
Comptroller General shall consider the swiftness of leak
detection and pipeline shutdown capabilities, the location of
the nearest response personnel, and the costs, risks, and
benefits of installing automatic and remote-controlled shut-off
valves.
``(C) Report.--Not later than 1 year after the date of
enactment of this subsection, the Comptroller General shall
submit to the Committee on Transportation and Infrastructure
and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.''.

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(a) Evaluation.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall evaluate--
(1) whether integrity management system requirements, or
elements thereof, should be expanded beyond high-consequence areas;
and
(2) with respect to gas transmission pipeline facilities,
whether applying integrity management program requirements, or
elements thereof, to additional areas would mitigate the need for
class location requirements.
(b) Factors.--In conducting the evaluation under subsection (a),
the Secretary shall consider, at a minimum, the following:
(1) The continuing priority to enhance protections for public
safety.
(2) The continuing importance of reducing risk in high-
consequence areas.
(3) The incremental costs of applying integrity management
standards to pipelines outside of high-consequence areas where
operators are already conducting assessments beyond what is
required under chapter 601 of title 49, United States Code.
(4) The need to undertake integrity management assessments and
repairs in a manner that is achievable and sustainable, and that
does not disrupt pipeline service.
(5) The options for phasing in the extension of integrity
management requirements beyond high-consequence areas, including
the most effective and efficient options for decreasing risks to an
increasing number of people living or working in proximity to
pipeline facilities.
(6) The appropriateness of applying repair criteria, such as
pressure reductions and special requirements for scheduling
remediation, to areas that are not high-consequence areas.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure and the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report, based on the evaluation
conducted under subsection (a), containing the Secretary's analysis and
findings regarding--
(1) expansion of integrity management requirements, or elements
thereof, beyond high-consequence areas; and
(2) with respect to gas transmission pipeline facilities,
whether applying the integrity management program requirements, or
elements thereof, to additional areas would mitigate the need for
class location requirements.
(d) Data Reporting.--The Secretary shall collect any relevant data
necessary to complete the evaluation required by subsection (a).
(e) Technical Correction.--Section 60109(c)(3)(B) is amended to
read as follows:
``(B) Subject to paragraph (5), periodic reassessments of
the facility, at a minimum of once every 7 calendar years,
using methods described in subparagraph (A). The Secretary may
extend such deadline for an additional 6 months if the operator
submits written notice to the Secretary with sufficient
justification of the need for the extension.''.
(f) Rulemaking Requirements.--
(1) Review period defined.--In this subsection, the term
``review period'' means the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) the date that is 1 year after the date of completion of
the report under subsection (c); or
(B) the date that is 3 years after the date of enactment of
this Act.
(2) Congressional authority.--In order to provide Congress the
necessary time to review the results of the report required by
subsection (c) and implement appropriate recommendations, the
Secretary shall not, during the review period, issue final
regulations described in paragraph (3)(B).
(3) Standards.--
(A) Findings.--As soon as practicable following the review
period, the Secretary shall issue final regulations described
in subparagraph (B), if the Secretary finds, in the report
required under subsection (c), that--
(i) integrity management system requirements, or
elements thereof, should be expanded beyond high-
consequence areas; and
(ii) with respect to gas transmission pipeline
facilities, applying integrity management program
requirements, or elements thereof, to additional areas
would mitigate the need for class location requirements.
(B) Regulations.--Regulations issued by the Secretary under
subparagraph (A), if any, shall--
(i) expand integrity management system requirements, or
elements thereof, beyond high-consequence areas; and
(ii) remove redundant class location requirements for
gas transmission pipeline facilities that are regulated
under an integrity management program adopted and
implemented under section 60109(c)(2) of title 49, United
States Code.
(4) Savings clause.--
(A) In general.--Notwithstanding any other provision of
this subsection, the Secretary, during the review period, may
issue final regulations described in paragraph (3)(B), if the
Secretary determines that a condition that poses a risk to
public safety, property, or the environment is present or an
imminent hazard exists and that the regulations will address
the risk or hazard.
(B) Imminent hazard defined.--In subparagraph (A), the term
``imminent hazard'' means the existence of a condition related
to pipelines or pipeline operations that presents a substantial
likelihood that death, serious illness, severe personal injury,
or substantial endangerment to health, property, or the
environment may occur.
(g) Report to Congress on Risk-Based Pipeline Reassessment
Intervals.--Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall evaluate--
(1) whether risk-based reassessment intervals are a more
effective alternative for managing risks to pipelines in high-
consequence areas once baseline assessments are complete when
compared to the reassessment interval specified in section
60109(c)(3)(B) of title 49, United States Code;
(2) the number of anomalies found in baseline assessments
required under section 60109(c)(3)(A) of title 49, United States
Code, as compared to the number of anomalies found in reassessments
required under section 60109(c)(3)(B) of such title; and
(3) the progress made in implementing the recommendations in
GAO Report 06-945 and the current relevance of those
recommendations that have not been implemented.

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(a) National Pipeline Mapping System.--Section 60132 is amended by
adding at the end the following:
``(d) Map of High-consequence Areas.--The Secretary shall--
``(1) maintain, as part of the National Pipeline Mapping
System, a map of designated high-consequence areas (as described in
section 60109(a)) in which pipelines are required to meet integrity
management program regulations, excluding any proprietary or
sensitive security information; and
``(2) update the map biennially.
``(e) Program To Promote Awareness of National Pipeline Mapping
System.--Not later than 1 year after the date of enactment of this
subsection, the Secretary shall develop and implement a program
promoting greater awareness of the existence of the National Pipeline
Mapping System to State and local emergency responders and other
interested parties. The program shall include guidance on how to use
the National Pipeline Mapping System to locate pipelines in communities
and local jurisdictions.''.
(b) Information to Emergency Response Agencies.--
(1) Guidance.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue guidance to owners
and operators of pipeline facilities on the importance of providing
system-specific information about their pipeline facilities to
emergency response agencies of the communities and jurisdictions in
which those facilities are located.
(2) Consultation.--Before issuing guidance under paragraph (1),
the Secretary shall consult with owners and operators of pipeline
facilities to determine the extent to which the owners and
operators are already providing system-specific information about
their pipeline facilities to emergency response agencies.
(c) Response Plans.--
(1) In general.--Chapter 601 is amended by adding at the end
the following:
``Sec. 60138. Response plans
``(a) In General.--The Secretary of Transportation shall--
``(1) maintain on file a copy of the most recent response plan
(as defined in part 194 of title 49, Code of Federal Regulations)
prepared by an owner or operator of a pipeline facility; and
``(2) provide upon written request to a person a copy of the
plan, which may exclude, as the Secretary determines appropriate--
``(A) proprietary information;
``(B) security-sensitive information, including information
described in section 1520.5(a) of title 49, Code of Federal
Regulations;
``(C) specific response resources and tactical resource
deployment plans; and
``(D) the specific amount and location of worst case
discharges (as defined in part 194 of title 49, Code of Federal
Regulations), including the process by which an owner or
operator determines the worst case discharge.
``(b) Relationship to FOIA.--Nothing in this section may be
construed to require disclosure of information or records that are
exempt from disclosure under section 552 of title 5.''.
(2) Clerical amendment.--The analysis for chapter 601 is
amended by inserting after the item relating to section 60137 the
following:
``60138. Response plans.''.

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(a) Follow-Up Surveys.--Section 60108(d) is amended by adding at
the end the following:
``(4) Not later than December 31, 2012, and every 2 years
thereafter, the Secretary shall conduct a follow-up survey to measure
the progress that owners and operators of pipeline facilities have made
in adopting and implementing their plans for the safe management and
replacement of cast iron gas pipelines.''.
(b) Status Report.--Not later than December 31, 2013, the Secretary
of Transportation shall transmit to the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that--
(1) identifies the total mileage of cast iron gas pipelines in
the United States; and
(2) evaluates the progress that owners and operators of
pipeline facilities have made in implementing their plans for the
safe management and replacement of cast iron gas pipelines.

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(a) Leak Detection Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall submit
to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure and
the Committee on Energy and Commerce of the House of
Representatives a report on leak detection systems utilized by
operators of hazardous liquid pipeline facilities and
transportation-related flow lines.
(2) Contents.--The report shall include--
(A) an analysis of the technical limitations of current
leak detection systems, including the ability of the systems to
detect ruptures and small leaks that are ongoing or
intermittent, and what can be done to foster development of
better technologies; and
(B) an analysis of the practicability of establishing
technically, operationally, and economically feasible standards
for the capability of such systems to detect leaks, and the
safety benefits and adverse consequences of requiring operators
to use leak detection systems.
(b) Rulemaking Requirements.--
(1) Review period defined.--In this subsection, the term
``review period'' means the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) the date that is 1 year after the date of completion of
the report under subsection (a); or
(B) the date that is 2 years after the date of enactment of
this Act.
(2) Congressional authority.--In order to provide Congress the
necessary time to review the results of the report required by
subsection (a) and implement appropriate recommendations, the
Secretary, during the review period, shall not issue final
regulations described in paragraph (3).
(3) Standards.--As soon as practicable following the review
period, if the report required by subsection (a) finds that it is
practicable to establish technically, operationally, and
economically feasible standards for the capability of leak
detection systems to detect leaks, the Secretary shall issue final
regulations that--
(A) require operators of hazardous liquid pipeline
facilities to use leak detection systems where practicable; and
(B) establish technically, operationally, and economically
feasible standards for the capability of such systems to detect
leaks.
(4) Savings clause.--
(A) In general.--Notwithstanding any other provision of
this subsection, the Secretary, during the review period, may
issue final regulations described in paragraph (3) if the
Secretary determines that a condition that poses a risk to
public safety, property, or the environment is present or an
imminent hazard exists and that the regulations will address
the risk or hazard.
(B) Imminent hazard defined.--In subparagraph (A), the term
``imminent hazard'' means the existence of a condition related
to pipelines or pipeline operations that presents a substantial
likelihood that death, serious illness, severe personal injury,
or substantial endangerment to health, property, or the
environment may occur.

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(a) Revision of Regulations.--Not later than 18 months after the
date of enactment of this Act, the Secretary of Transportation shall
revise regulations issued under sections 191.5 and 195.52 of title 49,
Code of Federal Regulations, to establish specific time limits for
telephonic or electronic notice of accidents and incidents involving
pipeline facilities to the Secretary and the National Response Center.
(b) Minimum Requirements.--In revising the regulations, the
Secretary, at a minimum, shall--
(1) establish time limits for telephonic or electronic
notification of an accident or incident to require such
notification at the earliest practicable moment following confirmed
discovery of an accident or incident and not later than 1 hour
following the time of such confirmed discovery;
(2) review procedures for owners and operators of pipeline
facilities and the National Response Center to provide thorough and
coordinated notification to all relevant State and local emergency
response officials, including 911 emergency call centers, for the
jurisdictions in which those pipeline facilities are located in the
event of an accident or incident, and revise such procedures as
appropriate; and
(3) require such owners and operators to revise their initial
telephonic or electronic notice to the Secretary and the National
Response Center with an estimate of the amount of the product
released, an estimate of the number of fatalities and injuries, if
any, and any other information determined appropriate by the
Secretary within 48 hours of the accident or incident, to the
extent practicable.
(c) Updating of Reports.--After receiving revisions described in
subsection (b)(3), the National Response Center shall update the
initial report on an accident or incident instead of generating a new
report.

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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''.

ee6ec40425647e96c4f90fd457ba50a7684dff84c5524baae707b7bae76757ac

(a) In General.--Section 60132(a) is amended by adding at the end
the following:
``(4) Any other geospatial or technical data, including design
and material specifications, that the Secretary determines are
necessary to carry out the purposes of this section. The Secretary
shall give reasonable notice to operators that the data are being
requested.''.
(b) Disclosure Limited to FOIA Requirements.--Section 60132, as
amended by this Act, is further amended by adding at the end the
following:
``(f) Public Disclosure Limited.--The Secretary may not disclose
information collected pursuant to subsection (a) except to the extent
permitted by section 552 of title 5.''.

61ef89c149f5f2c1387e902a4245029f085e92669b9df4abfd262a5453889391

Section 60102, as amended by this Act, is further amended by adding
at the end the following:
``(o) Transportation-Related Oil Flow Lines.--
``(1) Data collection.--The Secretary may collect geospatial or
technical data on transportation-related oil flow lines, including
unregulated transportation-related oil flow lines.
``(2) Transportation-related oil flow line defined.--In this
subsection, the term `transportation-related oil flow line' means a
pipeline transporting oil off of the grounds of the well where it
originated and across areas not owned by the producer, regardless
of the extent to which the oil has been processed, if at all.
``(3) Limitation.--Nothing in this subsection authorizes the
Secretary to prescribe standards for the movement of oil through
production, refining, or manufacturing facilities or through oil
production flow lines located on the grounds of wells.''.

907061095c74da602d41a778f9227971fc65e127be3a6a71d5015364fe3995a8

(a) In General.--Section 60117(n) is amended to read as follows:
``(n) Cost Recovery for Design Reviews.--
``(1) In general.--
``(A) Review costs.--For any project described in
subparagraph (B), if the Secretary conducts facility design
safety reviews in connection with a proposal to construct,
expand, or operate a gas or hazardous liquid pipeline facility
or liquefied natural gas pipeline facility, including
construction inspections and oversight, the Secretary may
require the person proposing the project to pay the costs
incurred by the Secretary relating to such reviews. If the
Secretary exercises the cost recovery authority described in
this paragraph, the Secretary shall prescribe a fee structure
and assessment methodology that is based on the costs of
providing these reviews and shall prescribe procedures to
collect fees under this paragraph. The Secretary may not
collect design safety review fees under this paragraph and
section 60301 for the same design safety review.
``(B) Projects to which applicable.--Subparagraph (A)
applies to any project that--
``(i) has design and construction costs totaling at
least $2,500,000,000, as periodically adjusted by the
Secretary to take into account increases in the Consumer
Price Index for all-urban consumers published by the
Department of Labor, based on--
``(I) the cost estimate provided to the Federal
Energy Regulatory Commission in an application for a
certificate of public convenience and necessity for a
gas pipeline facility or an application for
authorization for a liquefied natural gas pipeline
facility; or
``(II) a good faith estimate developed by the
person proposing a hazardous liquid pipeline facility
and submitted to the Secretary; or
``(ii) uses new or novel technologies or design, as
determined by the Secretary.
``(2) Notification.--For any new pipeline facility construction
project in which the Secretary will conduct design reviews, the
person proposing the project shall notify the Secretary and provide
the design specifications, construction plans and procedures, and
related materials at least 120 days prior to the commencement of
construction. To the maximum extent practicable, not later than 90
days after receiving such design specifications, construction plans
and procedures, and related materials, the Secretary shall provide
written comments, feedback, and guidance on the project.
``(3) Pipeline safety design review fund.--
``(A) Establishment.--There is established a Pipeline
Safety Design Review Fund in the Treasury of the United States.
``(B) Deposits.--The Secretary shall deposit funds paid
under this subsection into the Fund.
``(C) Use.--Amounts in the Fund shall be available to the
Secretary, in amounts specified in appropriations Acts, to
offset the costs of conducting facility design safety reviews
under this subsection.
``(4) No additional permitting authority.--Nothing in this
subsection may be construed as authorizing the Secretary to require
a person to obtain a permit before beginning design and
construction in connection with a project described in paragraph
(1)(B).''.
(b) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall issue guidance to
clarify the meaning of the term ``new or novel technologies or design''
as used in section 60117(n)(1)(B)(ii) of title 49, United States Code,
as amended by subsection (a) of this section.

d48dd0316688da3f19da826d5e6cb7b302a1e9fa04a66ee433bc7689bb9b225c

Section 60101(a)(4) is amended--
(1) in subparagraph (A) by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following:
``(B) nonpetroleum fuel, including biofuel, that is
flammable, toxic, or corrosive or would be harmful to the
environment if released in significant quantities; and''.

46cc6239246b787133d604cb6fd62edaf5d943f283ca07a163b1b273e151fd5f

Section 60102(i) is amended--
(1) by striking ``The Secretary shall regulate'' and inserting
the following:
``(1) Transportation in liquid state.--The Secretary shall
regulate''.
(2) by adding at the end the following new paragraph:
``(2)  Transportation in gaseous state.--
``(A) Minimum safety standards.--The Secretary shall
prescribe minimum safety standards for the transportation of
carbon dioxide by pipeline in a gaseous state.
``(B) Considerations.--In establishing the standards, the
Secretary shall consider whether applying the minimum safety
standards in part 195 of title 49, Code of Federal Regulations,
as in effect on the date of enactment of this paragraph, for
the transportation of carbon dioxide in a liquid state to the
transportation of carbon dioxide in a gaseous state would
ensure safety.
``(3) Limitation on statutory construction.--Nothing in this
subsection authorizes the Secretary to regulate piping or equipment
used in the production, extraction, recovery, lifting,
stabilization, separation, or treatment of carbon dioxide or the
preparation of carbon dioxide for transportation by pipeline at
production, refining, or manufacturing facilities.''.

c09dcde8799680961337684268b24ca8baf107509dede2ce363fa8a66b0b50ec

Not later than 18 months after the date of enactment of this Act,
the Secretary of Transportation shall complete a comprehensive review
of hazardous liquid pipeline facility regulations to determine whether
the regulations are sufficient to regulate pipeline facilities used for
the transportation of diluted bitumen. In conducting the review, the
Secretary shall conduct an analysis of whether any increase in the risk
of a release exists for pipeline facilities transporting diluted
bitumen. The Secretary shall report the results of the review to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives.

2fec13db72b3a658720329905e663c288993bc405c675cf8752bc489478d22ed

PIPELINE.
The Secretary of Transportation may conduct an analysis of the
transportation of nonpetroleum hazardous liquids by pipeline facility
for the purpose of identifying the extent to which pipeline facilities
are currently being used to transport nonpetroleum hazardous liquids,
such as chlorine, from chemical production facilities across land areas
not owned by the producer that are accessible to the public. The
analysis should identify the extent to which the safety of the pipeline
facilities is unregulated by the States and evaluate whether the
transportation of such chemicals by pipeline facility across areas
accessible to the public would present significant risks to public
safety, property, or the environment in the absence of regulation. The
results of the analysis shall be made available to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure and the Committee on Energy and
Commerce of the House of Representatives.

97e2f4e614a172d938da532a470ff9bb39a35f1cf77ab71bbd892853e0c052a0

(a) Inspection and Maintenance.--Section 60108(a)(1) is amended by
striking ``an intrastate'' and inserting ``a''.
(b) Owner and Operator.--Section 60102(a)(2)(A) is amended by
striking ``owners and operators'' and inserting ``any or all of the
owners or operators''.

172101b021ea2cee8436a543f3443d507a4f93ef0df38a4683cb4b2ea29d068c

Section 60107(b) is amended by adding at the end the following:
``For each of fiscal years 2012 and 2013, the Secretary shall grant
such a waiver to a State if the State can demonstrate an inability to
maintain or increase the required funding share of its safety program
at or above the level required by this subsection due to economic
hardship in that State. For fiscal year 2014, and each fiscal year
thereafter, the Secretary may grant such a waiver to a State if the
State can make the demonstration described in the preceding
sentence.''.

0c77539c753c4717125798acc592a3c0a27d3f83edbb9d845f0bd84095f04aa8

(a) Issuance of Regulations.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall issue
regulations--
(A) requiring hearings under sections 60112, 60117, 60118,
and 60122 of title 49, United States Code, to be convened
before a presiding official;
(B) providing the opportunity for any person requesting a
hearing under section 60112, 60117, 60118, or 60122 of such
title to arrange for a transcript of the hearing, at the
expense of the requesting person;
(C) ensuring expedited review of any order issued pursuant
to section 60112(e) of such title;
(D) implementing a separation of functions between
personnel involved with the investigation and prosecution of an
enforcement case and advising the Secretary on findings and
determinations; and
(E) prohibiting ex-parte communication relevant to the
question to be decided in such a case by parties to an
investigation or hearing.
(2) Presiding official.--The regulations issued under this
subsection shall--
(A) define the term ``presiding official'' to mean the
person who conducts any hearing relating to civil penalty
assessments, compliance orders, safety orders, or corrective
action orders; and
(B) require that the presiding official be an attorney on
the staff of the Deputy Chief Counsel of the Pipeline and
Hazardous Materials Safety Administration that is not engaged
in investigative or prosecutorial functions, including the
preparation of notices of probable violations, notices relating
to civil penalty assessments, notices relating to compliance,
or notices of proposed corrective actions.
(3) Expedited review.--The regulations issued under this
subsection shall define the term ``expedited review'' for the
purposes of paragraph (1)(C).
(b) Standards of Judicial Review.--Section 60119(a) is amended by
adding at the end the following new paragraph:
``(3) A judicial review of agency action under this section shall
apply the standards of review established in section 706 of title 5.''.

29ef204921d301e30d7063e09bb544153d16256be6fb04732ae392a5fab1ab1e

(a) Review.--The Secretary of Transportation shall conduct a review
of existing Federal and State regulations for gas and hazardous liquid
gathering lines located onshore and offshore in the United States,
including within the inlets of the Gulf of Mexico.
(b) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee
on Transportation and Infrastructure and the Committee on Energy
and Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
results of the review.
(2) Recommendations.--The report shall include the Secretary's
recommendations with respect to--
(A) the sufficiency of existing Federal and State laws and
regulations to ensure the safety of gas and hazardous liquid
gathering lines;
(B) the economic impacts, technical practicability, and
challenges of applying existing Federal regulations to
gathering lines that are not currently subject to Federal
regulation when compared to the public safety benefits; and
(C) subject to a risk-based assessment, the need to modify
or revoke existing exemptions from Federal regulation for gas
and hazardous liquid gathering lines.
(c) Offshore Gathering Lines.--Section 60108(c) is amended by
adding at the end the following:
``(8) If, after reviewing existing Federal and State regulations
for hazardous liquid gathering lines located offshore in the United
States, including within the inlets of the Gulf of Mexico, the
Secretary determines it is appropriate, the Secretary shall issue
regulations, after notice and an opportunity for a hearing, subjecting
offshore hazardous liquid gathering lines and hazardous liquid
gathering lines located within the inlets of the Gulf of Mexico to the
same standards and regulations as other hazardous liquid gathering
lines. The regulations issued under this paragraph shall not apply to
production pipelines or flow lines.''.

928976c935106313c8d5d81830645c9a48de4865c2a88d8f28021a38f1690617

Section 60109(e)(3) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C); and
(2) by inserting after subparagraph (A) the following:
``(B) Distribution branch services, multifamily facilities,
and small commercial facilities.--Not later than 2 years after
the date of enactment of the Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011, and after issuing a
final report on the evaluation of the National Transportation
Safety Board's recommendation on excess flow valves in
applications other than service lines serving one single family
residence, the Secretary, if appropriate, shall by regulation
require the use of excess flow valves, or equivalent
technology, where economically, technically, and operationally
feasible on new or entirely replaced distribution branch
services, multifamily facilities, and small commercial
facilities.''.

2ebf81fffa9a295de36b88d2b36b6e654edea5f42a4ffa103f27211c5607880f

(a) In General.--Chapter 601, as amended by this Act, is further
amended by adding at the end the following:
``Sec. 60139. Maximum allowable operating pressure
``(a) Verification of Records.--
``(1) In general.--The Secretary of Transportation shall
require each owner or operator of a pipeline facility to conduct,
not later than 6 months after the date of enactment of this
section, a verification of the records of the owner or operator
relating to the interstate and intrastate gas transmission
pipelines of the owner or operator in class 3 and class 4 locations
and class 1 and class 2 high-consequence areas.
``(2) Purpose.--The purpose of the verification shall be to
ensure that the records accurately reflect the physical and
operational characteristics of the pipelines described in paragraph
(1) and confirm the established maximum allowable operating
pressure of the pipelines.
``(3) Elements.--The verification process under this subsection
shall include such elements as the Secretary considers appropriate.
``(b) Reporting.--
``(1) Documentation of certain pipelines.--Not later than 18
months after the date of enactment of this section, each owner or
operator of a pipeline facility shall identify and submit to the
Secretary documentation relating to each pipeline segment of the
owner or operator described in subsection (a)(1) for which the
records of the owner or operator are insufficient to confirm the
established maximum allowable operating pressure of the segment.
``(2) Exceedances of maximum allowable operating pressure.--If
there is an exceedance of the maximum allowable operating pressure
with respect to a gas transmission pipeline of an owner or operator
of a pipeline facility that exceeds the build-up allowed for
operation of pressure-limiting or control devices, the owner or
operator shall report the exceedance to the Secretary and
appropriate State authorities on or before the 5th day following
the date on which the exceedance occurs.
``(c) Determination of Maximum Allowable Operating Pressure.--
``(1) In general.--In the case of a transmission line of an
owner or operator of a pipeline facility identified under
subsection (b)(1), the Secretary shall--
``(A) require the owner or operator to reconfirm a maximum
allowable operating pressure as expeditiously as economically
feasible; and
``(B) determine what actions are appropriate for the
pipeline owner or operator to take to maintain safety until a
maximum allowable operating pressure is confirmed.
``(2) Interim actions.--In determining the actions for an owner
or operator of a pipeline facility to take under paragraph (1)(B),
the Secretary shall take into account potential consequences to
public safety and the environment, potential impacts on pipeline
system reliability and deliverability, and other factors, as
appropriate.
``(d) Testing Regulations.--
``(1) In general.--Not later than 18 months after the date of
enactment of this section, the Secretary shall issue regulations
for conducting tests to confirm the material strength of previously
untested natural gas transmission pipelines located in high-
consequence areas and operating at a pressure greater than 30
percent of specified minimum yield strength.
``(2) Considerations.--In developing the regulations, the
Secretary shall consider safety testing methodologies, including,
at a minimum--
``(A) pressure testing; and
``(B) other alternative methods, including in-line
inspections, determined by the Secretary to be of equal or
greater effectiveness.
``(3) Completion of testing.--The Secretary, in consultation
with the Chairman of the Federal Energy Regulatory Commission and
State regulators, as appropriate, shall establish timeframes for
the completion of such testing that take into account potential
consequences to public safety and the environment and that minimize
costs and service disruptions.
``(e) High-consequence Area Defined.--In this section, the term
`high-consequence area' means an area described in section 60109(a).''.
(b) Clerical Amendment.--The analysis for chapter 601 is amended by
inserting after the item relating to section 60138 the following:
``60139. Maximum allowable operating pressure.''.

10259d7ae3fa58efec74ff51cf8af35efc024f5170f6bf6f1f8e6c1538225634

Section 60102, as amended by this Act, is further amended by adding
at the end the following:
``(p) Limitation on Incorporation of Documents by Reference.--
Beginning 1 year after the date of enactment of this subsection, the
Secretary may not issue guidance or a regulation pursuant to this
chapter that incorporates by reference any documents or portions
thereof unless the documents or portions thereof are made available to
the public, free of charge, on an Internet Web site.''.

a3e630148698e49e8188d66d5147d1c3b02f051759fe0f2d20b99df9974968d7

PERSONNEL.
(a) In General.--To further the objectives of chapter 601 of title
49, United States Code, the Secretary of Transportation may provide the
services of personnel from the Pipeline and Hazardous Materials Safety
Administration to provide training for State and local government
personnel at a pipeline safety training facility that is established
and operated by an agency or instrumentality of the United States, a
unit of State or local government, or an educational institution.
(b) Reimbursements for Training Expenditures.--
(1) In general.--Notwithstanding any other provision of law,
the Secretary may require reimbursement from sources other than the
Federal Government for all expenses incurred by the Secretary in
providing training for State and local government personnel under
subsection (a), including salaries, expenses, transportation for
Pipeline and Hazardous Materials Safety Administration personnel,
and the cost of training materials.
(2) Authorization of appropriations.--Amounts collected as
reimbursement under paragraph (1) are authorized to be appropriated
for the purposes set forth in chapter 601 of title 49, United
States Code.

c2c174783cd68a87ba5871e4f59b2dbfb520bfebe999f9bbeea0fbb7717517e3

BUSINESSES.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States, based upon available
information, shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the House of
Representatives a comprehensive report assessing the levels and types
of participation and methods of facilitating the participation of
minority-owned business enterprises, woman-owned business enterprises,
and disadvantaged business enterprises in the construction and
operation of pipeline facilities in the United States.

0f33ece00980c2bdb9c33c5fe20b381b27436d8c5ff0a320aa29424a335b725b

(a) Study.--The Comptroller General of the United States shall
conduct a comprehensive study regarding the process for obtaining
Federal and State permits for projects to construct pipeline
facilities.
(b) Evaluation.--In conducting the study, the Comptroller General
shall evaluate how long it takes to issue permits for pipeline
construction projects, the relationship between the States and the
Federal Government in issuing such permits, and any recommendations
from the States for improving the permitting process.
(c) Consultation.--In conducting the study, the Comptroller General
shall consult with the Committee on Transportation and Infrastructure
and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure and the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the results of
the study.

6e7c4c5a587a7fe0a5721ffc9cc537e1fc80bfbba2c0c7fcde8d12fc7851fff0

(a) In General.--Chapter 601, as amended by this Act, is further
amended by adding at the end the following:
``Sec. 60140. Cover over buried pipelines
``(a) Hazardous Liquid Pipeline Incidents Involving Buried
Pipelines.--
``(1) Study.--The Secretary of Transportation shall conduct a
study of hazardous liquid pipeline incidents at crossings of inland
bodies of water with a width of at least 100 feet from high water
mark to high water mark to determine if the depth of cover over the
buried pipeline was a factor in any accidental release of hazardous
liquids.
``(2) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall transmit to the
Committee on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study.
``(b) Assessment of Current Requirements for Depth of Cover Over
Buried Pipelines.--
``(1) In general.--If, following completion of the study under
subsection (a), the Secretary finds that the depth of cover over
buried pipelines is a contributing factor in the accidental release
of hazardous liquids from the pipelines, the Secretary, not later
than 1 year after the date of completion of the study, shall review
and determine the sufficiency of current requirements for the depth
of cover over buried pipelines.
``(2) Legislative recommendations.--
``(A) Development.--If the Secretary determines under
paragraph (1) that the current requirements for the depth of
cover over buried pipelines are insufficient, the Secretary
shall develop legislative recommendations for improving the
safety of buried pipelines at crossings of inland bodies of
water with a width of at least 100 feet from high water mark to
high water mark.
``(B) Consideration of factors.--In developing legislative
recommendations under subparagraph (A), the Secretary shall
consider the factors specified in section 60102(b)(2).
``(C) Report to congress.--If the Secretary develops
legislative recommendations under subparagraph (A), the
Secretary shall submit to the committees referred to in
subsection (a)(2) a report containing the legislative
recommendations.''.
(b) Clerical Amendment.--The analysis for chapter 601 is amended by
inserting after the item relating to section 60139 the following:
``60140. Cover over buried pipelines.''.

ccea998d5b711fc2db4434970d70a5403c5faae907e6f92168626f0571bb2ae0

In identifying and evaluating all potential threats to each
pipeline segment pursuant to parts 192 and 195 of title 49, Code of
Federal Regulations, an operator of a pipeline facility shall consider
the seismicity of the area.

5f5c946477e2802f470897df10535d80b33fa8ca9afd37a689ae995e50255d5f

Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall develop and implement a protocol for
consulting with Indian tribes to provide technical assistance for the
regulation of pipelines that are under the jurisdiction of Indian
tribes.

99750437ae2ccc3144edcd3dd1945d5ce67c06fedbe9ac7177dfd3f1d6429305

(a) Inspection and Enforcement Needs.--Not later than 12 months
after the date of enactment of this Act, the Secretary of
Transportation shall submit to the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that provides information on--
(1) the total number of full-time equivalent positions for
pipeline inspection and enforcement personnel at the Pipeline and
Hazardous Materials Safety Administration;
(2) out of the total number of such positions, how many of the
positions are not filled and the reasons why the positions are not
filled;
(3) the actions the Administrator of the Pipeline and Hazardous
Materials Safety Administration is taking to fill the positions;
and
(4) any additional inspection and enforcement resource needs of
the Pipeline and Hazardous Materials Safety Administration.
(b) Staffing.--Subject to the availability of funds, the Secretary
may increase the number of positions for pipeline inspection and
enforcement personnel at the Pipeline and Hazardous Materials Safety
Administration by 10 full-time equivalent employees, if--
(1) on or before September 30, 2014, the Secretary fills the
135 full-time equivalent positions for pipeline inspection and
enforcement personnel specified in section 18(e) of the Pipeline
Inspection, Protection, Enforcement, and Safety Act of 2006 (120
Stat. 3498); and
(2) in preparing the report under subsection (a), the Secretary
finds that additional pipeline inspection and enforcement personnel
are necessary.

9a158858ee891adcaf8960c9bba89e0cfaede60b1b8c25fef4ebe0bafe1e60d3

(a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read
as follows:
``(a) Gas and Hazardous Liquid.--
``(1) In general.--To carry out the provisions of this chapter
related to gas and hazardous liquid and section 12 of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355), there is authorized to be appropriated to the Department
of Transportation for each of fiscal years 2012 through 2015, from
fees collected under section 60301, $90,679,000, of which
$4,746,000 is for carrying out such section 12 and $36,194,000 is
for making grants.
``(2) Trust fund amounts.--In addition to the amounts
authorized to be appropriated by paragraph (1), there is authorized
to be appropriated for each of fiscal years 2012 through 2015 from
the Oil Spill Liability Trust Fund to carry out the provisions of
this chapter related to hazardous liquid and section 12 of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note;
Public Law 107-355), $18,573,000, of which $2,174,000 is for
carrying out such section 12 and $4,558,000 is for making
grants.''.
(b) Emergency Response Grants.--Section 60125(b)(2) is amended by
striking ``2007 through 2010'' and inserting ``2012 through 2015''.
(c) One-Call Notification Programs.--Section 6107 is amended--
(1) in subsection (a) by striking ``2007 through 2010.'' and
inserting ``2012 through 2015.'';
(2) in subsection (b) by striking ``2007 through 2010.'' and
inserting ``2012 through 2015.''; and
(3) by striking subsection (c).
(d) State Damage Prevention Programs.--Section 60134 is amended by
adding at the end the following:
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to provide grants under this section
$1,500,000 for each of fiscal years 2012 through 2015. Such funds shall
remain available until expended.''.
(e) Community Pipeline Safety Information Grants.--Section 60130 is
amended--
(1) in subsection (a)(1) by striking ``$50,000'' and inserting
``$100,000'';
(2) in subsection (b)--
(A) by inserting ``to grant recipients and their
contractors'' after ``this section''; and
(B) by inserting ``, for direct advocacy for or against a
pipeline construction or expansion project,'' after ``for
lobbying''; and
(3) in subsection (d) by striking ``$1,000,000 for each of the
fiscal years 2003 through 2010'' and inserting ``$1,500,000 for
each of fiscal years 2012 through 2015''.
(f) Pipeline Transportation Research and Development.--Section 12
of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note)
is amended--
(1) in subsection (d) by adding at the end the following:
``(3) Ongoing pipeline transportation research and
development.--
``(A) In general.--After the initial 5-year program plan
has been carried out by the participating agencies, the
Secretary of Transportation, in coordination with the Director
of the National Institute of Standards and Technology, as
appropriate, shall prepare a research and development program
plan every 5 years thereafter and shall transmit a report to
Congress on the status and results-to-date of implementation of
the program every 2 years. The biennial report shall include a
summary of updated research needs and priorities identified
through the consultation requirements of paragraph (2).
``(B) Consultation.--The Secretary shall comply with the
consultation requirements of paragraph (2) when preparing the
program plan and in the selection and prioritization of
research and development projects.
``(C) Funding from non-federal sources.--The Secretary
shall ensure at least 30 percent of the costs of program-wide
research and development activities are carried out using non-
Federal sources.''.
(2) in subsection (f) by striking ``2003 through 2006.'' and
inserting ``2012 through 2015.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

644e05412c93df12b0d44dd692aed3618ffbeccc5ca656b7690dee851ceeee53

Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 — HR. 2845

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