II 

112TH CONGRESS 

1ST SESSION S. 1502 

To restore public trust in pipeline safety, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2011 

Mr. BAUCUS (for himself and Mr. TESTER) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To restore public trust in pipeline safety, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Rivers Act of 

5 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 


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1 (A) the Committee on Commerce, Science, 

2 and Transportation and the Committee on Ap3 propriations of the Senate; and 

4 (B) the Committee on Transportation and 

5 Infrastructure, the Committee on Energy and 

6 Commerce, and the Committee on Appropria7 tions of the House of Representatives. 

8 (2) GATHERING LINES.—The term ‘‘gathering 

9 lines’’ has the meaning given the term pursuant to 

10 section 60101(b) of title 49, United States Code. 

11 (3) HAZARDOUS LIQUID PIPELINE FACILITY.— 

12 The term ‘‘hazardous liquid pipeline facility’’ has the 

13 meaning given the term in section 60101(a) of title 

14 49, United States Code. 

15 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

16 has the meaning given the term in section 4 of the 

17 Indian Self-Determination and Education Assistance 

18 Act (25 U.S.C. 450b). 

19 SEC. 3. REVIEW OF PIPELINE RIVER CROSSINGS. 

20 (a) REVIEW REQUIRED.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of the enactment of this Act, the Ad23 ministrator of the Pipeline and Hazardous Materials 

24 Safety Administration shall complete a review of the 

25 adequacy of the Administration’s regulations with 


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1 respect to pipelines regulated by the Administration 

2 that cross inland bodies of water with a width of at 

3 least 100 feet from high water mark to high water 

4 mark. 

5 (2) SCOPE.—The review required under para6 graph (1) shall include data about the geomorpholo7 gy of individual rivers, including flood hydraulics, 

8 riverbed mobility, and channel migration, with re9 spect to— 

10 (A) existing depth of cover requirements; 

11 (B) existing requirements for pipeline op12 erators to inspect the conditions of river cross13 ings during extraordinary events irrespective of 

14 periodic inspection requirements; 

15 (C) existing requirements for Integrity 

16 Management Plans to include evaluations of the 

17 probability and consequences of flooding at 

18 river crossings; 

19 (D) existing requirements for installing 

20 crossings with respect to horizontal directional 

21 drilling; and 

22 (E) issuance by the Administration of 

23 emergency orders to address unsafe conditions 

24 or practices posing an imminent hazard. 


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1 (3) CONSULTATION.—In conducting the review 

2 required under paragraph (1), the Administrator 

3 shall consult with— 

4 (A) Federal entities with relevant data and 

5 expertise, including the United States Geologi6 cal Service, the Army Corps of Engineers, the 

7 National Transportation Safety Board, the Bu8 reau of Reclamation, and the Environmental 

9 Protection Agency; and 

10 (B) regional, state, Tribal, and local enti11 ties with relevant data and expertise, including 

12 State and regional conservation district coun13 cils. 

14 (b) REPORT REQUIRED.—Not later than 30 days 

15 after completing the review required under subsection (a), 

16 the Administrator shall submit to the appropriate congres17 sional committees a report on the findings of the review, 

18 including any recommendations for changes in laws or reg19 ulations. 

20 (c) REGULATIONS.—Not later than one year after 

21 submittal of the report required under subsection (b), the 

22 Administrator shall prescribe regulations to incorporate 

23 the findings of the review conducted under subsection (a) 

24 and the recommendations included in the report submitted 

25 under subsection (b). 


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1 SEC. 4. INCREASED TRANSPARENCY. 

2 (a) RIVER CROSSINGS DATABASE.—Not later than 

3 180 days after the date of the enactment of this Act, the 

4 Administrator of the Pipeline and Hazardous Materials 

5 Safety Administration shall establish and maintain on a 

6 publicly available Internet Web site of the Administration 

7 a database of all pipeline water crossings in the United 

8 States, searchable nationally, by State, and by pipeline, 

9 including, with respect to each crossing— 

10 (1) the pipeline operator; 

11 (2) the classification of crossing design; 

12 (3) the estimated depth of cover; 

13 (4) the date of pipeline installation; 

14 (5) the dates of in-line inspections; 

15 (6) a summary of past actionable anomalies re16 sulting from in-line inspections; and 

17 (7) the operational status of the pipeline during 

18 flows higher than 10-percent probability of exceed19 ance. 

20 (b) NATIONAL STATISTICS.—Not later than 180 days 

21 after the date of the enactment of this Act, the Adminis22 trator of the Pipeline and Hazardous Materials Safety Ad23 ministration shall establish and maintain on a publicly 

24 available Internet Web site of the Administration a listing 

25 of national and state statistics on pipeline safety, includ26 ing— 


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1 (1) the percentage of pipeline crossings in2 spected by in-line inspection within the last 6 

3 months, year, five years, and greater than five years; 

4 (2) the percentage of pipeline miles inspected 

5 by in-line inspection within the last 6 months, year, 

6 five years, and greater than five years; 

7 (3) the percentage of pipeline crossings des8 ignated High Consequences Areas; 

9 (4) the percentage of pipeline miles designated 

10 High Consequence Areas; 

11 (5) the percentage of total pipelines in compli12 ance as of the last date of in-line inspection; 

13 (6) the percentage of pipeline miles in compli14 ance as of the last date of in-line inspection; 

15 (7) the percentage of pipeline crossings which 

16 are bored crossings; 

17 (8) the percentage of pipeline crossings which 

18 are cut crossings; 

19 (9) the percentage of pipeline crossings which 

20 are aerial crossings; and 

21 (10) any other relevant statistics the agency de22 termines. 

23 (c) OIL SPILL RESPONSE PLANS.—Not later than 

24 one year after the date of the enactment of this Act, the 

25 Administrator shall post on a publicly available Internet 


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1 Web site of the Administration the following information 

2 about hazardous liquid pipeline response plans required of 

3 each pipeline operator under part 194 of title 49, Code 

4 of Federal Regulations: 

5 (1) A status indication of the review and ap6 proval of each plan. 

7 (2) A comprehensive description of the require8 ments for such plans. 

9 (3) A detailed summary of each approved plan 

10 written by the operator that includes the key ele11 ments of the plan, but which may exclude— 

12 (A) proprietary information; 

13 (B) security-sensitive information, includ14 ing as referenced in section 1520.5(a) of title 

15 49, Code of Federal Regulations; 

16 (C) specific response resources and tactical 

17 deployment plans; and 

18 (D) the specific location of worst-case dis19 charges. 

20 (d) CONSULTATION ON OIL SPILL RESPONSE

21 PLAN.—The Administrator shall prescribe regulations re22 quiring pipeline operators— 

23 (1) in constructing oil spill response plans, to 

24 consult with local first responders and emergency 

25 services operators; 


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1 (2) to file approved oil spill response plans with 

2 all local first responders and emergency services op3 erators that are listed in the plan; and 

4 (3) to provide updated oil spill response plans 

5 to local first responders and emergency services op6 erators as necessary. 

7 SEC. 5. LEAK DETECTION PERFORMANCE STANDARDS. 

8 Not later than one year after the date of the enact9 ment of this Act, the Administrator of the Pipeline and 

10 Hazardous Materials Safety Administration shall review 

11 the need for performance standards for leak detection sys12 tems used by operators of hazardous liquid pipeline facili13 ties, including specific standards with respect to— 

14 (1) determining the size of leak a system is ca15 pable of detecting; and 

16 (2) the time required for the system to issue an 

17 alarm in the event that a leak is detected. 

18 SEC. 6. EMERGENCY FLOW RESTRICTING DEVICES. 

19 Not later than one year after the date of the enact20 ment of this Act, the Administrator of the Pipeline and 

21 Hazardous Materials Safety Administration shall review 

22 the adequacy of regulations on the circumstances under 

23 which an operator of a hazardous liquid pipeline facility 

24 must use an emergency flow restricting device. 


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1 SEC. 7. ONSHORE GATHERING LINES. 

2 Not later than one year after the date of the enact3 ment of this Act, the Administrator of the Pipeline and 

4 Hazardous Materials Safety Administration shall submit 

5 to the appropriate congressional committees a report sum6 marizing a review of all onshore gas and hazardous liquid 

7 gathering lines not regulated by the Administration, in8 cluding recommendations with respect to— 

9 (1) the sufficiency of existing laws and regula10 tions to ensure pipeline safety; 

11 (2) the economical and technical practicability 

12 of applying existing regulations to unregulated on13 shore gathering lines; and 

14 (3) the modification or revocation of existing 

15 statutory or regulatory exemptions, subject to a risk16 based assessment. 

17 SEC. 8. EXPANDED LOCAL INVOLVEMENT IN NATIONAL 

18 CONTINGENCY PLAN RESPONSE MANAGE19 MENT STRUCTURE. 

20 (a) IN GENERAL.—The National Contingency Plan 

21 for removal of oil and hazardous substances shall be re22 vised to provide for the greater involvement of local au23 thorities in the basic framework for the response manage24 ment structure. 

25 (b) RULE OF CONSTRUCTION.—Nothing in this sec26 tion shall be construed as limiting, reducing, or otherwise 


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1 modifying the controlling role of the On-Scene Coordinator 

2 in the response management structure referred to in sub3 section (a). 

4 SEC. 9. TRIBAL CONSULTATION. 

5 (a) IN GENERAL.—Not later than one year after the 

6 date of enactment of this Act, the Administrator of the 

7 Pipeline and Hazardous Materials Safety Administration 

8 shall establish a protocol for consulting with Indian tribes 

9 to provide technical assistance for regulation of pipelines 

10 under the jurisdiction of Indian tribes. 

11 (b) REQUIREMENT FOR OPERATORS.—The operator 

12 of a pipeline that is located, wholly or partially, on land 

13 under the jurisdiction of an Indian tribe shall file with 

14 the Pipeline and Hazardous Materials Safety Administra15 tion a copy of any oil spill response plan required under 

16 this Act for the pipeline. 

Æ 


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