112TH CONGRESS 

1ST SESSION S. 275 

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. 
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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; AMENDMENT OF TITLE 49, 

4 UNITED STATES CODE; TABLE OF CONTENTS. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Pipeline Transportation Safety Improvement Act of 

7 2011’’. 

8 (b) AMENDMENT OF TITLE 49, UNITED STATES

9 CODE.—Except as otherwise expressly provided, whenever 

10 in this Act an amendment or repeal is expressed in terms 

11 of an amendment to, or a repeal of, a section or other 

12 provision, the reference shall be considered to be made to 

13 a section or other provision of title 49, United States 

14 Code. 

15 (c) TABLE OF CONTENTS.—The table of contents for 

16 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. 
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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. 

1 SEC. 2. CIVIL PENALTIES. 

2 (a) PENALTY CONSIDERATIONS; MAJOR CON3 SEQUENCE VIOLATIONS.—Section 60122 is amended— 

4 (1) by striking ‘‘the ability to pay,’’ in sub5 section (b)(1)(B); 

6 (2) by redesignating subsections (c) through (f) 

7 as subsections (d) through (g), respectively; and 

8 (3) by inserting after subsection (b) the fol9 lowing: 

10 ‘‘(c) PENALTIES FOR MAJOR CONSEQUENCE VIOLA11 TIONS.— 

12 ‘‘(1) IN GENERAL.—A person that the Sec13 retary of Transportation decides, after written notice 

14 and an opportunity for a hearing, has committed a 

15 major consequence violation of section 60114(b), 

16 60114(d), or 60118(a) of this title or a regulation 

17 prescribed or order issued under this chapter is lia18 ble to the United States Government for a civil pen19 alty of not more than $250,000 for each violation. 

20 A separate violation occurs for each day the violation 
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1 continues. The maximum civil penalty under this 

2 paragraph for a related series of major consequence 

3 violations is $2,500,000. 

4 ‘‘(2) PENALTY CONSIDERATIONS.—In deter5 mining the amount of a civil penalty for a major 

6 consequence violation under this subsection, the Sec7 retary shall consider the factors prescribed in sub8 section (b). 

9 ‘‘(3) MAJOR CONSEQUENCE VIOLATION DE10 FINED.—In this subsection, the term ‘major con11 sequence violation’ means a violation that contrib12 uted to an incident resulting in— 

13 ‘‘(A) 1 or more deaths; 

14 ‘‘(B) 1 or more injuries or illnesses requir15 ing in-patient hospitalization; or 

16 ‘‘(C) environmental harm exceeding 

17 $250,000 in estimated damage to the environ18 ment including property loss other than the 

19 value of natural gas or hazardous liquid lost, or 

20 damage to pipeline equipment.’’. 

21 (b) PENALTY FOR OBSTRUCTION OF INSPECTIONS

22 AND INVESTIGATIONS.—Section 60118(e) is amended by 

23 adding at the end the following: ‘‘The Secretary may im24 pose a civil penalty under section 60122 of this title on 

25 a person who obstructs or prevents the Secretary from 
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1 carrying out inspections or investigations under this chap2 ter.’’. 

3 (c) ADMINISTRATIVE PENALTY CAPS INAPPLI4 CABLE.—Section 60120(a)(1) is amended by adding at the 

5 end the following: ‘‘The maximum amount of civil pen6 alties for administrative enforcement actions under section 

7 60122 of this title shall not apply to enforcement actions 

8 under this section.’’. 

9 (d) JUDICIAL REVIEW OF ADMINISTRATIVE EN10 FORCEMENT ORDERS.—Section 60119(a) is amended— 

11 (1) by striking the subsection caption and in12 serting ‘‘(a) REVIEW OF REGULATIONS, ORDERS, 

13 AND OTHER FINAL AGENCY ACTIONS.—’’; and 

14 (2) by striking ‘‘about an application for a 

15 waiver under section 60118(c) or (d) of’’ and insert16 ing ‘‘under’’. 

17 SEC. 3. PIPELINE DAMAGE PREVENTION. 

18 (a) MINIMUM STANDARDS FOR STATE ONE-CALL

19 NOTIFICATION PROGRAMS.—Section 6103(a) is amended 

20 to read as follows: 

21 ‘‘(a) MINIMUM STANDARDS.— 

22 ‘‘(1) IN GENERAL.—In order to qualify for a 

23 grant under section 6106, a State one-call notifica24 tion program shall, at a minimum, provide for— 
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1 ‘‘(A) appropriate participation by all un2 derground facility operators, including all gov3 ernment operators; 

4 ‘‘(B) appropriate participation by all exca5 vators, including all government and contract 

6 excavators; and 

7 ‘‘(C) flexible and effective enforcement 

8 under State law with respect to participation in, 

9 and use of, one-call notification systems. 

10 ‘‘(2) EXEMPTIONS PROHIBITED.—A State one11 call notification program may not exempt munici12 palities, State agencies, or their contractors from its 

13 one-call notification system requirements.’’. 

14 (b) STATE DAMAGE PREVENTION PROGRAMS.—Sec15 tion 60134(a) is amended— 

16 (1) by striking ‘‘and’’ after the semicolon in 

17 paragraph (1); 

18 (2) by striking ‘‘(b).’’ in paragraph (2) and in19 serting ‘‘(b); and’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(3) does not provide any exemptions to mu22 nicipalities, State agencies, or their contractors from 

23 its one-call notification system requirements.’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect 2 years after the date of en3 actment of this Act. 

4 SEC. 4. OFFSHORE GATHERING PIPELINES. 

5 Section 60102(k)(1) is amended by striking the last 

6 sentence and inserting ‘‘Not later than 1 year after the 

7 date of enactment of the Pipeline Transportation Safety 

8 Improvement Act of 2011, the Secretary shall issue regu9 lations, after notice and an opportunity for a hearing, sub10 jecting offshore hazardous liquid gathering pipelines and 

11 hazardous liquid gathering pipelines located within the in12 lets of the Gulf of Mexico to the same standards and regu13 lations as other hazardous liquid gathering pipelines. The 

14 regulations issued under this paragraph shall not apply 

15 to low-stress distribution pipelines.’’. 

16 SEC. 5. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF 

17 VALVES. 

18 Section 60102 is amended by adding at the end the 

19 following: 

20 ‘‘(n) AUTOMATIC AND REMOTE-CONTROLLED SHUT21 OFF VALVES.—Not later than 2 years after the date of 

22 enactment of the Pipeline Transportation Safety Improve23 ment Act of 2011, the Secretary shall by regulation, after 

24 notice and an opportunity for a hearing, require the use 

25 of automatic or remote-controlled shut-off valves, or equiv-
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1 alent technology, where economically, technically, and 

2 operationally feasible on transmission pipelines con3 structed or entirely replaced after the date on which the 

4 Secretary issues a final rule.’’. 

5 SEC. 6. EXCESS FLOW VALVES. 

6 Section 60109(e)(3) is amended— 

7 (1) by redesignating subparagraph (B) as sub8 paragraph (C); and 

9 (2) by inserting after subparagraph (A) the fol10 lowing: 

11 ‘‘(B) DISTRIBUTION BRANCH SERVICES, 

12 MULTI-FAMILY FACILITIES, AND SMALL COM13 MERCIAL FACILITIES.—Not later than 2 years 

14 after the date of enactment of the Pipeline 

15 Transportation Safety Improvement Act of 

16 2011, the Secretary shall prescribe regulations, 

17 after notice and an opportunity for hearing, to 

18 require the use of excess flow valves, where eco19 nomically and technically feasible, on new or en20 tirely replaced distribution branch services, 

21 multi-family facilities, and small commercial fa22 cilities.’’. 
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1 SEC. 7. INTEGRITY MANAGEMENT. 

2 (a) EVALUATION.—Within 1 year after the date of 

3 enactment of this Act, the Secretary of Transportation 

4 shall evaluate— 

5 (1) whether integrity management system re6 quirements, or elements thereof, should be expanded 

7 beyond high consequence areas (as defined under 

8 section 60109(a) of title 49, United States Code); 

9 (2) with respect to gas pipeline facilities, wheth10 er applying the integrity management program re11 quirements to additional areas would mitigate the 

12 need for class location requirements, with an empha13 sis on class 3 and 4 facilities; and 

14 (3) whether data collected outside high con15 sequence areas as part of gas transmission pipeline 

16 integrity management programs should be included 

17 as part of the records required to be maintained by 

18 operators. 

19 (b) STANDARDS.—Not later than 1 year after com20 pletion of the evaluation, the Secretary shall prescribe 

21 such regulations, as appropriate, after notice and an op22 portunity for a hearing. 

23 (c) DATA REPORTING.—The Secretary shall collect 

24 any relevant data necessary to complete the evaluation re25 quired by subsection (a) and may collect such additional 
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1 data pursuant to regulations promulgated under sub2 section (b) as may be necessary. 

3 (d) SEISMICITY.—In identifying high consequence 

4 areas under section 60109, the Secretary shall consider 

5 the seismicity of the area. 

6 SEC. 8. PUBLIC EDUCATION AND AWARENESS. 

7 (a) IN GENERAL.—Chapter 601 is amended by add8 ing at the end the following: 

9 ‘‘§ 60138. Public education and awareness 

10 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

11 date of enactment of the Pipeline Transportation Safety 

12 Improvement Act of 2011, the Secretary shall— 

13 ‘‘(1) maintain a monthly updated summary of 

14 all completed and final natural gas and hazardous 

15 liquid pipeline inspections conducted by or reported 

16 to the Pipeline and Hazardous Materials Safety Ad17 ministration that includes— 

18 ‘‘(A) identification of the operator in19 spected; 

20 ‘‘(B) the type of inspection; 

21 ‘‘(C) the results of the inspection, includ22 ing any deficiencies identified; and 

23 ‘‘(D) any corrective actions required to be 

24 taken by the operator to remediate such defi25 ciencies; 
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1 ‘‘(2) maintain— 

2 ‘‘(A) a status indication of the review and 

3 approval of each gas emergency response plan 

4 pursuant to section 60102(d)(5) of this title 

5 and of each hazardous liquid pipeline operator’s 

6 response plan pursuant to part 194 of title 49, 

7 Code of Federal Regulations; 

8 ‘‘(B) a comprehensive description of the re9 quirements for such plans; and 

10 ‘‘(C) a detailed summary of each approved 

11 plan written by the operator that includes the 

12 key elements of the plan, but which may ex13 clude— 

14 ‘‘(i) proprietary information; 

15 ‘‘(ii) security-sensitive information, in16 cluding as referenced in section 1520.5(a) 

17 of title 49, code of Federal Regulations; 

18 ‘‘(iii) specific response resources and 

19 tactical resource deployment plans; and 

20 ‘‘(iv) the specific amount and location 

21 of worst-case discharges, including the 

22 process by which an operator determines 

23 the worst discharge. 

24 ‘‘(3) excluding any proprietary or security-sen25 sitive information, as part of the National Pipeline 
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1 Mapping System maintain a map of all currently 

2 designated high consequence areas in which pipelines 

3 are required to meet integrity management safety 

4 regulations and update the map annually; and 

5 ‘‘(4) maintain a copy or, at a minimum, a de6 tailed summary of any industry-developed or profes7 sional organization pipeline safety standards that 

8 have been incorporated by reference into regulations, 

9 to the extent consistent with fair use. 

10 ‘‘(b) PUBLIC AVAILABILITY.—The requirements of 

11 subsection (a) shall be considered to have been met if the 

12 information required to be made public is made available 

13 on the Pipeline and Hazardous Materials Safety Adminis14 tration’s public Web site. 

15 ‘‘(c) RELATIONSHIP TO FOIA.—Nothing in this sec16 tion shall be construed to require disclosure of information 

17 or records that are exempt from disclosure under section 

18 552 of title 5.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 for chapter 601 is amended by inserting after the item 

21 relating to section 60137 the following new item: 

‘‘60138. Public education and awareness’’. 

22 SEC. 9. CAST IRON GAS PIPELINES. 

23 (a) SURVEY UPDATE.—Not later than one year after 

24 the enactment of this Act, the Secretary of Transportation 
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1 shall conduct a follow-on survey to the survey conducted 

2 under section 60108(d) to determine— 

3 (1) the extent to which each operator has 

4 adopted a plan for the safe management and re5 placement of cast iron pipelines; 

6 (2) the elements of the plan, including the an7 ticipated rate of replacement; and 

8 (3) the progress that has been made. 

9 (b) SURVEY FREQUENCY.—Section 60108(d) is 

10 amended by adding at the end the following new para11 graph: 

12 ‘‘(4) The secretary shall conduct a follow-up survey 

13 to measure progress of plan implementation biannually.’’. 

14 SEC. 10. LEAK DETECTION. 

15 (a) LEAK DETECTION STUDY UPDATE.—Not later 

16 than 1 year after the date of enactment of this Act, the 

17 Secretary of Transportation shall submit to the Com18 mittee on Commerce, Science, and Transportation of the 

19 Senate and the Committees on Transportation and Infra20 structure and on Energy and Commerce of the House of 

21 Representatives an updated report on leak detection sys22 tems utilized by operators of hazardous liquid pipelines 

23 and transportation-related flow lines. The report shall in24 clude an analysis of the technical limitations of current 

25 leak detection systems, including the systems’ ability to 
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1 detect ruptures and small leaks that are ongoing or inter2 mittent, and what can be done to foster development of 

3 better technologies. 

4 (b) LEAK DETECTION STANDARDS.—Not later than 

5 1 year after completion of the report, the Secretary shall, 

6 as appropriate, based on the study in subsection (a), pre7 scribe regulations, after notice and an opportunity for a 

8 hearing, requiring an operator of a hazardous liquid pipe9 line to use leak detection technologies, particularly in high 

10 consequence areas. 

11 SEC. 11. INCIDENT NOTIFICATION. 

12 Not later than 18 months after the date of enactment 

13 of this Act, the Secretary of Transportation shall— 

14 (1) prescribe regulations, after notice and an 

15 opportunity for a hearing, that establish time limits 

16 for accident and incident telephonic or electronic no17 tification by pipeline operators to State and local 

18 government officials and emergency responders when 

19 a spill or rupture occurs; and 

20 (2) review procedures for pipeline operators and 

21 the National Response Center to provide thorough 

22 and coordinated notification to all relevant emer23 gency response officials and revise such procedures 

24 as appropriate. 
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1 SEC. 12. TRANSPORTATION-RELATED ONSHORE FACILITY 

2 RESPONSE PLAN COMPLIANCE. 

3 (a) IN GENERAL.—Subparagraphs (A) and (B) of 

4 section 311(m)(2) of the Federal Water Pollution Control 

5 Act (33 U.S.C. 1321(m)(2)) are each amended by striking 

6 ‘‘Administrator or’’ and inserting ‘‘Administrator, the 

7 Secretary of Transportation, or’’. 

8 (b) CONFORMING AMENDMENT.—Section 

9 311(b)(6)(A) of the Federal Water Pollution Control Act 

10 (33 U.S.C. 1321(b)(6)(A)) is amended by striking ‘‘oper11 ating or’’ and inserting ‘‘operating, the Secretary of 

12 Transportation, or’’. 

13 SEC. 13. PIPELINE INFRASTRUCTURE DATA COLLECTION. 

14 (a) IN GENERAL.—Section 60132(a) is amended— 

15 (1) by striking ‘‘and gathering lines’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(4) Any other geospatial, technical, or other 

18 related pipeline data, including design and material 

19 specifications, that the Secretary determines is nec20 essary to carry out the purposes of this section. The 

21 Secretary shall give reasonable notice to operators 

22 that the data are being requested.’’. 

23 (b) DISCLOSURE LIMITED TO FOIA REQUIRE24 MENTS.—Section 60132 is amended by adding at the end 

25 the following: 
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1 ‘‘(d) PUBLIC DISCLOSURE LIMITED.—The Secretary 

2 may not disclose information collected pursuant to sub3 section (a) except to the extent permitted by section 552 

4 of title 5.’’. 

5 SEC. 14. INTERNATIONAL COOPERATION AND CONSULTA6 TION. 

7 Section 60117 is amended by adding at the end the 

8 following: 

9 ‘‘(o) INTERNATIONAL COOPERATION AND CONSULTA10 TION.— 

11 ‘‘(1) INFORMATION EXCHANGE AND TECHNICAL

12 ASSISTANCE.—If the Secretary determines that it 

13 would benefit the United States, subject to guidance 

14 from the Secretary of State, the Secretary may en15 gage in activities supporting cooperative inter16 national efforts to share information about the risks 

17 to the public and the environment from pipelines 

18 and means of protecting against those risks. Such 

19 cooperation may include the exchange of information 

20 with domestic and appropriate international organi21 zations to facilitate efforts to develop and improve 

22 safety standards and requirements for pipeline 

23 transportation in or affecting interstate or foreign 

24 commerce. 
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1 ‘‘(2) CONSULTATION.—To the extent prac2 ticable, subject to guidance from the Secretary of 

3 State, the Secretary may consult with interested au4 thorities in Canada, Mexico, and other interested au5 thorities, as needed, to ensure that the respective 

6 pipeline safety standards and requirements pre7 scribed by the Secretary and those prescribed by 

8 such authorities are consistent with the safe and re9 liable operation of cross-border pipelines. 

10 ‘‘(3) DIFFERENCES IN INTERNATIONAL STAND11 ARDS AND REQUIREMENTS.—Nothing in this section 

12 requires that a standard or requirement prescribed 

13 by the Secretary under this chapter be identical to 

14 a standard or requirement adopted by an inter15 national authority.’’. 

16 SEC. 15. GAS AND HAZARDOUS LIQUID GATHERING LINES. 

17 Not later than 2 years after the date of enactment 

18 of this Act, the Secretary of Transportation shall complete 

19 a review of all exemptions for gas and hazardous liquid 

20 gathering lines. Based on this review the Secretary shall 

21 submit a report to the Committee on Commerce, Science, 

22 and Transportation of the Senate and the Committees on 

23 Transportation and Infrastructure and on Energy and 

24 Commerce of the House of Representatives containing the 
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1 Secretary’s recommendations with respect to the modifica2 tion or revocation of existing exemptions. 

3 SEC. 16. TRANSPORTATION-RELATED OIL FLOW LINES. 

4 Section 60102, as amended by section 5, is further 

5 amended by adding at the end the following: 

6 ‘‘(o) TRANSPORTATION-RELATED OIL FLOW

7 LINES.— 

8 ‘‘(1) DATA COLLECTION.—The Secretary may 

9 collect geospatial, technical, or other pipeline data on 

10 transportation-related oil flow lines, including un11 regulated transportation-related oil flow lines. 

12 ‘‘(2) TRANSPORTATION-RELATED OIL FLOW

13 LINE DEFINED.—In this subsection, the term ‘trans14 portation-related oil flow line’ means a pipeline 

15 transporting oil off of the grounds of the well where 

16 it originated across areas not owned by the producer 

17 regardless of the extent to which the oil has been 

18 processed, if at all. 

19 ‘‘(3) LIMITATION.—Nothing in this subsection 

20 authorizes the Secretary to prescribe standards for 

21 the movement of oil through production, refining, or 

22 manufacturing facilities, or through oil production 

23 flow lines located on the grounds of wells.’’. 
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1 SEC. 17. ALASKA PROJECT COORDINATION. 

2 (a) IN GENERAL.—Chapter 601, as amended by sec3 tion 8 of this Act, is further amended by adding at the 

4 end the following: 

5 ‘‘§ 60139. Alaska project coordination 

6 ‘‘The Secretary may provide technical assistance to 

7 the State of Alaska for the purpose of achieving coordi8 nated and effective oversight of the construction, expan9 sion, or operation of pipeline systems in Alaska. The as10 sistance may include— 

11 ‘‘(1) conducting coordinated inspections of pipe12 line systems subject to the respective authorities of 

13 the Department of Transportation and the State of 

14 Alaska; 

15 ‘‘(2) consulting on the development and imple16 mentation of programs designed to manage the in17 tegrity risks associated with operating pipeline sys18 tems in the unique conditions of Alaska; 

19 ‘‘(3) training inspection and enforcement per20 sonnel and consulting on the development and imple21 mentation of inspection protocols and training pro22 grams; and 

23 ‘‘(4) entering into cooperative agreements, 

24 grants, or other transactions with the State of Alas25 ka, the Joint Pipeline Office, other Federal agencies, 
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1 and other public and private agencies to carry out 

2 the objectives of this section.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 for chapter 601, as amended by section 8 of this Act, is 

5 further amended by inserting after the item relating to 

6 section 60138 the following new item: 

‘‘60139. Alaska project coordination’’. 

7 SEC. 18. COST RECOVERY FOR DESIGN REVIEWS. 

8 Section 60117(n) is amended to read as follows: 

9 ‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.— 

10 ‘‘(1) IN GENERAL.— 

11 ‘‘(A) REVIEW COSTS.—For any project de12 scribed in subparagraph (B), if the Secretary 

13 conducts facility design safety reviews in con14 nection with a proposal to construct, expand, or 

15 operate a new gas or hazardous liquid pipeline 

16 or liquefied natural gas pipeline facility, includ17 ing construction inspections and oversight, the 

18 Secretary may require the person or entity pro19 posing the project to pay the costs incurred by 

20 the Secretary relating to such reviews. If the 

21 Secretary exercises the cost recovery authority 

22 described in this section, the Secretary shall 

23 prescribe a fee structure and assessment meth24 odology that is based on the costs of providing 

25 these reviews and shall prescribe procedures to 
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1 collect fees under this section. This authority is 

2 in addition to the authority provided in section 

3 60301 of this title, but the Secretary may not 

4 collect fees under this section and section 

5 60301 for the same design safety review. 

6 ‘‘(B) PROJECTS TO WHICH APPLICABLE.— 

7 Subparagraph (A) applies to any project that— 

8 ‘‘(i) has design and construction costs 

9 totaling at least $3,400,000,000; or 

10 ‘‘(ii) uses new or novel technologies or 

11 designs. 

12 ‘‘(2) NOTIFICATION.—For any new pipeline 

13 construction project in which the Secretary will con14 duct design reviews, the person or entity proposing 

15 the project shall notify the Secretary and provide the 

16 design specifications, construction plans and proce17 dures, and related materials at least 120 days prior 

18 to the commencement of construction. 

19 ‘‘(3) DEPOSIT AND USE.—There is established 

20 a Pipeline Safety Design Review Fund in the Treas21 ury of the United States. The Secretary shall deposit 

22 funds paid under this subsection into the Fund. 

23 Funds deposited under this section are authorized to 

24 be appropriated for the purposes set forth in this 

25 chapter. Fees authorized under this section shall be 
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1 collected and available for obligation only to the ex2 tent and in the amount provided in advance in ap3 propriations Acts. 

4 ‘‘(4) NO ADDITIONAL PERMITTING AUTHOR5 ITY.—Nothing in this subsection shall be construed 

6 as authorizing the Secretary to require a person to 

7 obtain a permit before beginning design and con8 struction in connection with a project described in 

9 paragraph (1)(B).’’. 

10 SEC. 19. SPECIAL PERMITS. 

11 Section 60118(c)(1) is amended to read as follows: 

12 ‘‘(1) ISSUANCE OF WAIVERS.— 

13 ‘‘(A) IN GENERAL.—On application of an 

14 owner or operator of a pipeline facility, the Sec15 retary by order may waive compliance with any 

16 part of an applicable standard prescribed under 

17 this chapter with respect to the facility on 

18 terms the Secretary considers appropriate, if 

19 the Secretary determines that the waiver is not 

20 inconsistent with pipeline safety. 

21 ‘‘(B) CONSIDERATIONS.—In determining 

22 whether to grant a waiver, the Secretary shall 

23 consider— 

24 ‘‘(i) the fitness of the applicant to 

25 conduct the activity authorized by the 
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1 waiver in a manner that is consistent with 

2 pipeline safety; 

3 ‘‘(ii) the applicant’s compliance his4 tory; 

5 ‘‘(iii) the applicant’s accident history; 

6 and 

7 ‘‘(iv) any other information or data 

8 the Secretary considers relevant to making 

9 the determination. 

10 ‘‘(C) EFFECTIVE PERIOD.—A waiver of 

11 one or more pipeline operating requirements 

12 shall be reviewed by the Secretary 5 years after 

13 its effective date. In reviewing a waiver, the 

14 Secretary shall consider any change in owner15 ship or control of the pipeline, any change in 

16 the conditions around the pipeline, and other 

17 factors as appropriate. The Secretary may mod18 ify, suspend, or revoke a waiver after such re19 view under subparagraph (E). 

20 ‘‘(D) PUBLIC NOTICE AND HEARING.—The 

21 Secretary may act on a waiver under this sec22 tion only after public notice and an opportunity 

23 for a hearing, which may consist of publication 

24 of notice in the Federal Register that an appli25 cation for a waiver has been filed and providing 
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1 the public with the opportunity to review and 

2 comment on the application. If a waiver is 

3 granted, the Secretary shall state in the order 

4 and associated analysis the reasons for granting 

5 it. 

6 ‘‘(E) NONCOMPLIANCE AND MODIFICA7 TION, SUSPENSION, OR REVOCATION.—After no8 tice to a holder of a waiver and opportunity to 

9 show cause, the Secretary may modify, suspend, 

10 or revoke a waiver issued under this section for 

11 failure to comply with its terms or conditions, 

12 intervening changes in Federal law, a material 

13 change in circumstances affecting safety, in14 cluding erroneous information in the applica15 tion, or any other reason. If necessary to avoid 

16 a significant risk of harm to persons, property, 

17 or the environment, the Secretary may waive 

18 the show cause procedure and make the action 

19 immediately effective.’’. 

20 SEC. 20. BIOFUEL PIPELINES. 

21 Section 60101(a)(4) is amended— 

22 (1) by striking ‘‘and’’ after the semicolon in 

23 subparagraph (A); 

24 (2) by redesignating subparagraph (B) as sub25 paragraph (C); and 
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1 (3) by inserting after subparagraph (A) the fol2 lowing: 

3 ‘‘(B) non-petroleum fuels, including 

4 biofuels that are flammable, toxic, or corrosive 

5 or would be harmful to the environment if re6 leased in significant quantities; and’’. 

7 SEC. 21. CARBON DIOXIDE PIPELINES. 

8 Section 60102(i) is amended to read as follows: 

9 ‘‘(i) PIPELINES TRANSPORTING CARBON DIOXIDE.— 

10 The Secretary shall prescribe minimum safety standards 

11 for the transportation of carbon dioxide by pipeline in ei12 ther a liquid or gaseous state.’’. 

13 SEC. 22. STUDY OF THE TRANSPORTATION OF TAR SANDS 

14 CRUDE OIL. 

15 Not later than 18 months after the date of enactment 

16 of this Act, the Secretary of Transportation shall complete 

17 a comprehensive review of hazardous liquid pipeline regu18 lations to determine whether these regulations are suffi19 cient to regulate pipelines used for the transportation of 

20 tar sands crude oil. In conducting this review, the Sec21 retary shall conduct an analysis of whether any increase 

22 in risk of release exists for pipelines transporting tar 

23 sands crude oil. The Secretary shall report the results of 

24 this review to the Committee on Commerce, Science, and 

25 Transportation of the Senate and the Committees on 
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1 Transportation and Infrastructure and on Energy and 

2 Commerce of the House of Representatives. 

3 SEC. 23. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS 

4 TRANSPORTED BY PIPELINE. 

5 The Secretary of Transportation may conduct an 

6 analysis of the transportation of non-petroleum hazardous 

7 liquids by pipeline for the purpose of identifying the extent 

8 to which pipelines are currently being used to transport 

9 non-petroleum hazardous liquids, such as chlorine, from 

10 chemical production facilities across land areas not owned 

11 by the producer that are accessible to the public. The anal12 ysis should identify the extent to which the safety of the 

13 lines is unregulated by the States and evaluate whether 

14 the transportation of such chemicals by pipeline across 

15 areas accessible to the public would present significant 

16 risks to public safety, property, or the environment in the 

17 absence of regulation. The results of the analysis shall be 

18 made available to the Committee on Commerce, Science, 

19 and Transportation of the Senate and the Committees on 

20 Transportation and Infrastructure and on Energy and 

21 Commerce of the House of Representatives. 

22 SEC. 24. CLARIFICATIONS. 

23 (a) AMENDMENT OF PROCEDURES CLARIFICA24 TION.—Section 60108(a)(1) is amended by striking ‘‘an 

25 intrastate’’ and inserting ‘‘a’’. 
27 

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1 (b) OWNER AND OPERATOR CLARIFICATION.—Sec2 tion 60102(a)(2)(A) is amended by striking ‘‘owners and 

3 operators’’ and inserting ‘‘any or all of the owners or oper4 ators’’. 

5 (c) ONE-CALL ENFORCEMENT CLARIFICATION.—Sec6 tion 60114(f) is amended by adding at the end the fol7 lowing: ‘‘This subsection does not apply to proceedings 

8 against persons who are pipeline operators.’’. 

9 SEC. 25. ADDITIONAL RESOURCES. 

10 (a) IN GENERAL.—To the extent funds are appro11 priated, the Secretary of Transportation shall increase the 

12 personnel of the Pipeline and Hazardous Materials Safety 

13 Administration by a total of 39 full-time employees to 

14 carry out the pipeline safety program and the administra15 tion of that program, of which at least— 

16 (1) 9 employees shall be added in fiscal year 

17 2012; 

18 (2) 10 employees shall be added in fiscal year 

19 2013; 

20 (3) 10 employees shall be added in fiscal year 

21 2014; and 

22 (4) 10 employees shall be added in fiscal year 

23 2015. 
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1 (b) FUNCTIONS.—In increasing the number of em2 ployees under subsection (a), the Secretary shall focus on 

3 hiring employees— 

4 (1) to conduct data collection, analysis, and re5 porting; 

6 (2) to develop, implement, and update informa7 tion technology; 

8 (3) to conduct inspections of pipeline facilities 

9 to determine compliance with applicable regulations 

10 and standards; 

11 (4) to provide administrative, legal, and other 

12 support for pipeline enforcement activities; and 

13 (5) to support the overall pipeline safety mis14 sion of the Pipeline and Hazardous Materials Safety 

15 Administration, including training of pipeline en16 forcement personnel. 

17 SEC. 26. MAINTENANCE OF EFFORT. 

18 Section 60107(b) is amended to read as follows: 

19 ‘‘(b) PAYMENTS.—After notifying and consulting 

20 with a State authority, the Secretary may withhold any 

21 part of a payment when the Secretary decides that the 

22 authority is not carrying out satisfactorily a safety pro23 gram or not acting satisfactorily as an agent. The Sec24 retary may pay an authority under this section only when 

25 the authority ensures the Secretary that it will provide the 
29 

†S 275 ES

1 remaining costs of a safety program and that the total 

2 State amount spent for a safety program (excluding 

3 grants of the United States Government) will at least 

4 equal the average amount spent for gas and hazardous 

5 liquid safety programs for fiscal years 2004 through 2006, 

6 except when the Secretary waives the requirements of this 

7 subsection. The Secretary shall grant such a waiver if a 

8 State can demonstrate an inability to maintain or increase 

9 the required funding share of its pipeline safety program 

10 at or above the level required by this subsection due to 

11 economic hardship in that State.’’. 

12 SEC. 27. MAXIMUM ALLOWABLE OPERATING PRESSURE. 

13 (a) ESTABLISHMENT OF RECORDS.— 

14 (1) IN GENERAL.—Not later than 6 months 

15 after the date of enactment of this Act, the Sec16 retary of Transportation shall require pipeline opera17 tors to conduct a verification of records for all inter18 state and intrastate gas transmission lines in class 

19 3 and class 4 locations and class 1 and class 2 high 

20 consequence areas that accurately reflect the pipe21 line’s physical and operational characteristics and 

22 confirm the established maximum allowable oper23 ating pressure of those pipelines. 
30 

†S 275 ES

1 (2) ELEMENTS.—Verification of each record 

2 under paragraph (1) shall include such elements as 

3 the Secretary considers appropriate. 

4 (b) REPORTING.— 

5 (1) DOCUMENTATION OF CERTAIN PIPE6 LINES.—Not later than 18 months after the date of 

7 enactment of this Act, pipeline operators shall sub8 mit to the Secretary documentation of all interstate 

9 and intrastate gas transmission pipelines in class 3 

10 and class 4 locations and class 1 and class 2 high 

11 consequence areas where the records required under 

12 subsection (a) are not sufficient to confirm the es13 tablished maximum allowable operating pressure of 

14 those pipeline segments. 

15 (2) EXCEEDANCES OF MAXIMUM ALLOWABLE

16 OPERATING PRESSURE.—All pipeline operators shall 

17 report any exceedance of the maximum allowable op18 erating pressure for gas transmission pipelines that 

19 exceed the build-up allowed for operation of pres20 sure-limiting or control devices to the Secretary not 

21 later than 5 working days after the exceedance oc22 curs. Notice of exceedance by gas transmission pipe23 lines shall be provided concurrently to appropriate 

24 State authorities. 
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1 (c) DETERMINATION OF MAXIMUM ALLOWABLE OP2 ERATING PRESSURE.— 

3 (1) IN GENERAL.—For any transmission line 

4 reported in subsection (b), the Secretary shall re5 quire the operator of the transmission line to recon6 firm a maximum allowable operational pressure as 

7 expeditiously as economically feasible. 

8 (2) INTERIM ACTIONS.—For cases described in 

9 paragraph (1), the Secretary will determine what ac10 tions are appropriate for a pipeline operator to take 

11 to maintain safety until a maximum allowable oper12 ating pressure is confirmed. In determining what ac13 tions an operator should take, the Secretary shall 

14 take into account consequences to public safety and 

15 the environment, impacts on pipeline system reli16 ability and deliverability, and other factors, as ap17 propriate. 

18 (d) TESTING REGULATIONS.—The Secretary shall, 

19 not later than 18 months after the date of the enactment 

20 of this Act, prescribe regulations for conducting tests to 

21 confirm the material strength of previously untested nat22 ural gas transmission pipelines located in areas identified 

23 pursuant to section 60109(a) of title 49, United States 

24 Code, and operating at a pressure greater than 30 percent 

25 of specified minimum yield strength. The Secretary shall 
32 

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1 consider safety testing methodologies including, at a min2 imum, pressure testing or other alternative methods, in3 cluding in-line inspections, determined by the Secretary to 

4 be of equal or greater effectiveness. The Secretary, in con5 sultation with the Chairman of the Federal Energy Regu6 latory Commission and State regulators, as appropriate, 

7 shall establish timeframes for the completion of such test8 ing that take into account consequences to public safety 

9 and the environment and that minimize costs and service 

10 disruptions. 

11 SEC. 28. ADMINISTRATIVE ENFORCEMENT PROCESS. 

12 (a) ISSUANCE OF REGULATIONS.— 

13 (1) IN GENERAL.—Not later than 2 years after 

14 the date of the enactment of this Act, the Secretary 

15 shall prescribe regulations— 

16 (A) requiring hearings under sections 

17 60112, 60117, 60118, and 60122 to be con18 vened before a presiding official; 

19 (B) providing the opportunity for any per20 son requesting a hearing under sections 60112, 

21 60117, 60118, and 60122 to arrange for a 

22 transcript of that hearing, at the expense of the 

23 requesting person; and 

24 (C) ensuring expedited review of any order 

25 issued pursuant to section 60112(e). 
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1 (2) PRESIDING OFFICIAL.—The regulations pre2 scribed under this subsection shall— 

3 (A) define the term ‘‘presiding official’’ to 

4 mean the person who conducts any hearing re5 lating to civil penalty assessments, compliance 

6 orders, safety orders, or corrective action or7 ders; and 

8 (B) require that the presiding official must 

9 be an attorney on the staff of the Deputy Chief 

10 Counsel that is not engaged in investigative or 

11 prosecutorial functions, including the prepara12 tion of notices of probable violations, orders re13 lating to civil penalty assessments, compliance 

14 orders, or corrective action orders. 

15 (b) STANDARDS OF JUDICIAL REVIEW.—Section 

16 60119(a) is amended by adding at the end the following 

17 new paragraph: 

18 ‘‘(3) All judicial review of agency action under this 

19 section shall apply the standards of review established in 

20 section 706 of title 5.’’. 

21 SEC. 29. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) GAS AND HAZARDOUS LIQUID.— 

23 (1) Section 60125(a)(1) is amended by striking 

24 subparagraphs (A) through (D) and inserting the 

25 following: 
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1 ‘‘(A) for fiscal year 2012, $92,206,000, of 

2 which $9,200,000 is for carrying out such sec3 tion 12 and $36,958,000 is for making grants; 

4 ‘‘(B) for fiscal year 2013, $96,144,000, of 

5 which $9,600,000 for carrying out such section 

6 12 and $39,611,000 is for making grants; 

7 ‘‘(C) for fiscal year 2014, $99,876,000, of 

8 which $9,900,000 is for carrying out such sec9 tion 12 and $41,148,000 is for making grants; 

10 and 

11 ‘‘(D) for fiscal year 2015, $102,807,000, 

12 of which $10,200,000 is for carrying out such 

13 section 12 and $42,356,000 is for making 

14 grants.’’. 

15 (2) Section 60125(a)(2) is amended by striking 

16 subparagraphs (A) through (D) and inserting the 

17 following: 

18 ‘‘(A) for fiscal year 2012, $18,905,000, of 

19 which $7,562,000 is for carrying out such sec20 tion 12 and $7,864,000 is for making grants; 

21 ‘‘(B) for fiscal year 2013, $19,661,000, of 

22 which $7,864,000 is for carrying out such sec23 tion 12 and $7,864,000 is for making grants; 

24 ‘‘(C) for fiscal year 2014, $20,000,000, of 

25 which $8,000,000 is for carrying out such sec-
35 

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1 tion 12 and $8,000,000 is for making grants; 

2 and 

3 ‘‘(D) for fiscal year 2015, $20,000,000, of 

4 which $8,000,000 is for carrying out such sec5 tion 12 and $8,000,000 is for making grants.’’. 

6 (b) EMERGENCY RESPONSE GRANTS.—Section 

7 60125(b)(2) is amended by striking ‘‘2007 through 2010’’ 

8 and inserting ‘‘2012 through 2015’’. 

9 (c) ONE-CALL NOTIFICATION PROGRAMS.—Section 

10 6107 is amended— 

11 (1) by striking ‘‘2007 through 2010.’’ in sub12 section (a) and inserting ‘‘2012 through 2015.’’; 

13 (2) by striking ‘‘2007 through 2010.’’ in sub14 section (b) and inserting ‘‘2012 through 2015.’’; and 

15 (3) by striking subsection (c). 

16 (d) STATE DAMAGE PREVENTION PROGRAMS.—Sec17 tion 60134 is amended by adding at the end the following: 

18 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Secretary to pro20 vide grants under this section $2,000,000 for each of fiscal 

21 years 2012 through 2015. The funds shall remain avail22 able until expended.’’. 

23 (e) COMMUNITY PIPELINE SAFETY INFORMATION

24 GRANTS.—Section 60130 is amended— 
36 

†S 275 ES

1 (1) by striking ‘‘$50,000’’ in subsection (a)(1) 

2 and inserting ‘‘$100,000’’; and 

3 (2) by striking ‘‘2003 through 2010.’’ in sub4 section (d) and inserting ‘‘2012 through 2015.’’. 

5 (f) PIPELINE TRANSPORTATION RESEARCH AND DE6 VELOPMENT.—Section 12 of the Pipeline Safety Improve7 ment Act of 2002 (49 U.S.C. 60101 note) is amended— 

8 (1) by adding at the end of subsection (d) the 

9 following: 

10 ‘‘(3) ONGOING PIPELINE TRANSPORTATION RE11 SEARCH AND DEVELOPMENT.—After the initial 5- 

12 year program plan has been carried out by the par13 ticipating agencies, the Secretary of Transportation 

14 shall prepare a research and development program 

15 plan every 5 years thereafter and shall transmit a 

16 report to Congress on the status and results-to-date 

17 of implementation of the program each year that 

18 funds are appropriated for carrying out the plan.’’; 

19 and 

20 (2) by striking ‘‘2003 through 2006.’’ in sub21 section (f) and inserting ‘‘2012 through 2015.’’. 

22 SEC. 30. PAYGO COMPLIANCE. 

23 The budgetary effects of this Act, for the purpose of 

24 complying with the Statutory Pay-As-You-Go-Act of 2010, 

25 shall be determined by reference to the latest statement 
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†S 275 ES

1 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

2 Act, submitted for printing in the Congressional Record 

3 by the Chairman of the Senate Budget Committee, pro4 vided that such statement has been submitted prior to the 

5 vote on passage. 

Passed the Senate October 17, 2011. 

Attest: 

Secretary. 
112TH CONGRESS 

1ST SESSION S. 275 

AN ACT 

To amend title 49, United States Code, to provide 

other purposes. Nation’s energy products by pipeline, and for hanced reliability in the transportation of the in pipeline transportation, to provide for enfor enhanced safety and environmental protection