II 

Calendar No. 96 

112TH CONGRESS 

1ST SESSION S. 275 

[Report No. 112–30] 

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2011 

Mr. LAUTENBERG (for himself, Mr. ROCKEFELLER, Mr. MENENDEZ, Mr. 

BEGICH, Mr. CASEY, and Mr. UDALL of New Mexico) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

JULY 7, 2011 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend title 49, United States Code, to provide for enhanced safety and environmental protection in pipeline 

transportation, to provide for enhanced reliability in the 

transportation of the Nation’s energy products by pipeline, and for other purposes. 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•S 275 RS

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. Government Accountability Office report. 

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. 


srobinson on DSK4SPTVN1PROD with BILLS
3 

•S 275 RS

Sec. 20. Biofuel pipelines. 

Sec. 21. Carbon dioxide pipelines. 

Sec. 22. Study of 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. Authorization of appropriations. 

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 

21 continues. The maximum civil penalty under this 


srobinson on DSK4SPTVN1PROD with BILLS
4 

•S 275 RS

1 paragraph for a related series of major consequence 

2 violations is $2,500,000. 

3 ‘‘(2) PENALTY CONSIDERATIONS.—In deter4 mining the amount of a civil penalty for a major 

5 consequence violation under this subsection, the Sec6 retary shall consider the factors prescribed in sub7 section (b). 

8 ‘‘(3) MAJOR CONSEQUENCE VIOLATION DE9 FINED.—In this subsection, the term ‘major con10 sequence violation’ means a violation that contrib11 uted to an incident resulting in— 

12 ‘‘(A) 1 or more deaths; 

13 ‘‘(B) 1 or more injuries or illnesses requir14 ing in-patient hospitalization; or 

15 ‘‘(C) environmental harm exceeding 

16 $250,000 in estimated damage to the environ17 ment including property loss other than the 

18 value of natural gas or hazardous liquid lost, or 

19 damage to pipeline equipment.’’. 

20 (b) PENALTY FOR OBSTRUCTION OF INSPECTIONS

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

22 adding at the end the following: ‘‘The Secretary may im23 pose a civil penalty under section 60122 of this title on 

24 a person who obstructs or prevents the Secretary from 


srobinson on DSK4SPTVN1PROD with BILLS
5 

•S 275 RS

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— 


srobinson on DSK4SPTVN1PROD with BILLS
6 

•S 275 RS

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.’’. 


srobinson on DSK4SPTVN1PROD with BILLS
7 

•S 275 RS

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 pipelines. The regula14 tions issued under this paragraph shall not apply to low15 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 equivVerDate Mar 15 2010 22:18 Jul 07, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S275.RS S275

srobinson on DSK4SPTVN1PROD with BILLS
8 

•S 275 RS

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.’’. 


srobinson on DSK4SPTVN1PROD with BILLS
9 

•S 275 RS

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 and 

10 (2) with respect to gas pipeline facilities, wheth11 er applying the integrity management program re12 quirements to additional areas would mitigate the 

13 need for class location requirements. 

14 (b) STANDARDS.—Not later than 1 year after com15 pletion of the evaluation, the Secretary shall prescribe 

16 such regulations, after notice and an opportunity for a 

17 hearing. 

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

19 any relevant data necessary to complete the evaluation re20 quired by subsection (a) and may collect such additional 

21 data pursuant to regulations promulgated under sub22 section (b) as may be necessary. 

23 SEC. 8. PUBLIC EDUCATION AND AWARENESS. 

24 (a) IN GENERAL.—Chapter 601 is amended by add25 ing at the end the following: 


srobinson on DSK4SPTVN1PROD with BILLS
10 

•S 275 RS

1 ‘‘SEC. § 60138. PUBLIC EDUCATION AND AWARENESS 

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

3 date of enactment of the Pipeline Transportation Safety 

4 Improvement Act of 2011, the Secretary shall— 

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

6 all completed and final natural gas and hazardous 

7 liquid pipeline inspections conducted by or reported 

8 to the Pipeline and Hazardous Materials Safety Ad9 ministration that includes— 

10 ‘‘(A) identification of the operator in11 spected; 

12 ‘‘(B) the type of inspection; 

13 ‘‘(C) the results of the inspection, includ14 ing any deficiencies identified; and 

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

16 taken by the operator to remediate such defi17 ciencies; 

18 ‘‘(2) maintain a comprehensive list, to be up19 dated annually, and individual copy of each gas 

20 emergency response plan pursuant to section 

21 60102(d)(5) of this title and of each hazardous liq22 uid pipeline operator’s facility response plan pursu23 ant to section 311(j)(5) of the Federal Water Pollu24 tion Control Act (33 U.S.C. 1321(j)(5)), excluding 

25 any proprietary or security-sensitive information 

26 that may be contained in an operator’s plan; 


srobinson on DSK4SPTVN1PROD with BILLS
11 

•S 275 RS

1 ‘‘(3) excluding any proprietary or security-sen2 sitive information, as part of the National Pipeline 

3 Mapping System maintain a map of all currently 

4 designated high consequence areas in which pipelines 

5 are required to meet integrity management safety 

6 regulations and update the map annually; and 

7 ‘‘(4) maintain a current copy of any industry8 developed or professional organization pipeline safety 

9 standards that have been incorporated by reference 

10 into regulations, to the extent consistent with fair 

11 use. 

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

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

14 information required to be made public is made available 

15 on the Pipeline and Hazardous Materials Safety Adminis16 tration’s public Web site. 

17 ‘‘(c) RELATIONSHIP TO FOIA.—Nothing in this sec18 tion shall be construed to require disclosure of information 

19 or records that are exempt from disclosure under section 

20 552 of title 5.’’. 

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

22 for chapter 601 is amended by inserting after the item 

23 relating to section 60137 the following: 

‘‘60138. Public education and awareness’’. 


srobinson on DSK4SPTVN1PROD with BILLS
12 

•S 275 RS

1 SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. 

2 The Comptroller General shall conduct a comprehen3 sive analysis of the safety risks, including the risk of acci4 dent and injury to individuals or the environment, from 

5 both onshore and offshore pipelines to which chapter 601 

6 of title 49, United States Code, does not apply, including 

7 gathering lines. The analysis shall also consider the safety 

8 risks and benefits of applying the regulations under sec9 tion 60109(e) of title 49, United States Code, to low-stress 

10 gas transmission lines. Not later than 1 year after the date 

11 of enactment of this Act, the Comptroller General shall 

12 submit a report on the results of this analysis to the Sen13 ate Committee on Commerce, Science, and Transportation 

14 and the House of Representatives Committees on Trans15 portation and Infrastructure and on Energy and Com16 merce. 

17 SEC. 10. LEAK DETECTION. 

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

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

20 Secretary of Transportation shall submit to the Senate 

21 Committee on Commerce, Science, and Transportation 

22 and the House of Representatives Committees on Trans23 portation and Infrastructure and on Energy and Com24 merce an updated report on leak detection systems utilized 

25 by operators of hazardous liquid pipelines and transpor26 tation-related flow lines. The report shall include an analVerDate Mar 15 2010 22:18 Jul 07, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S275.RS S275

srobinson on DSK4SPTVN1PROD with BILLS
13 

•S 275 RS

1 ysis of the technical limitations of current leak detection 

2 systems, including the systems’ ability to detect ruptures 

3 and small leaks that are ongoing or intermittent, and what 

4 can be done to foster development of better technologies. 

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

6 1 year after completion of the report, the Secretary may, 

7 based on the study in subsection (a), prescribe regulations, 

8 after notice and an opportunity for a hearing, requiring 

9 an operator of a hazardous liquid pipeline to use leak de10 tection technologies, particularly in high consequence 

11 areas. 

12 SEC. 11. INCIDENT NOTIFICATION. 

13 Not later than 18 months after the date of enactment 

14 of this Act, the Secretary of Transportation shall— 

15 (1) prescribe regulations, after notice and an 

16 opportunity for a hearing, that establish time limits 

17 for accident and incident telephonic or electronic no18 tification by pipeline operators to State and local 

19 government officials and emergency responders when 

20 a spill or rupture occurs; and 

21 (2) review procedures for pipeline operators and 

22 the National Response Center to provide thorough 

23 and coordinated notification to all relevant emer24 gency response officials and revise such procedures 

25 as appropriate. 


srobinson on DSK4SPTVN1PROD with BILLS
14 

•S 275 RS

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: 


srobinson on DSK4SPTVN1PROD with BILLS
15 

•S 275 RS

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. 


srobinson on DSK4SPTVN1PROD with BILLS
16 

•S 275 RS

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 Senate Committee on Commerce, 

22 Science, and Transportation and the House of Represent23 atives Committees on Transportation and Infrastructure 

24 and on Energy and Commerce containing the Secretary’s 


srobinson on DSK4SPTVN1PROD with BILLS
17 

•S 275 RS

1 recommendations with respect to the modification or rev2 ocation 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.’’. 


srobinson on DSK4SPTVN1PROD with BILLS
18 

•S 275 RS

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 ‘‘SEC. § 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, 


srobinson on DSK4SPTVN1PROD with BILLS
19 

•S 275 RS

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 the following after the item 

6 relating to section 60138: 

‘‘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 


srobinson on DSK4SPTVN1PROD with BILLS
20 

•S 275 RS

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 


srobinson on DSK4SPTVN1PROD with BILLS
21 

•S 275 RS

1 collected and available for obligation only to the ex2 tent and in the amount provided in advance in ap3 propriations Acts.’’. 

4 SEC. 19. SPECIAL PERMITS. 

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

6 ‘‘(1) ISSUANCE OF WAIVERS.— 

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

8 owner or operator of a pipeline facility, the Sec9 retary by order may waive compliance with any 

10 part of an applicable standard prescribed under 

11 this chapter with respect to the facility on 

12 terms the Secretary considers appropriate, if 

13 the Secretary determines that the waiver is not 

14 inconsistent with pipeline safety. 

15 ‘‘(B) CONSIDERATIONS.—In determining 

16 whether to grant a waiver, the Secretary shall 

17 consider— 

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

19 conduct the activity authorized by the 

20 waiver in a manner that is consistent with 

21 pipeline safety; 

22 ‘‘(ii) the applicant’s compliance his23 tory; 

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

25 and 


srobinson on DSK4SPTVN1PROD with BILLS
22 

•S 275 RS

1 ‘‘(iv) any other information or data 

2 the Secretary considers relevant to making 

3 the determination. 

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

5 one or more pipeline operating requirements 

6 shall be reviewed by the Secretary 5 years after 

7 its effective date. In reviewing a waiver, the 

8 Secretary shall consider any change in owner9 ship or control of the pipeline, any change in 

10 the conditions around the pipeline, and other 

11 factors as appropriate. The Secretary may mod12 ify, suspend, or revoke a waiver after such re13 view under with subparagraph (E). 

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

15 Secretary may act on a waiver under this sec16 tion only after public notice and an opportunity 

17 for a hearing, which may consist of publication 

18 of notice in the Federal Register that an appli19 cation for a waiver has been filed and providing 

20 the public with the opportunity to review and 

21 comment on the application. If a waiver is 

22 granted, the Secretary shall state in the order 

23 and associated analysis the reasons for granting 

24 it. 


srobinson on DSK4SPTVN1PROD with BILLS
23 

•S 275 RS

1 ‘‘(E) NONCOMPLIANCE AND MODIFICA2 TION, SUSPENSION, OR REVOCATION.—After no3 tice to a holder of a waiver and opportunity to 

4 show cause, the Secretary may modify, suspend, 

5 or revoke a waiver issued under this section for 

6 failure to comply with its terms or conditions, 

7 intervening changes in Federal law, a material 

8 change in circumstances affecting safety, in9 cluding erroneous information in the applica10 tion, or any other reason. If necessary to avoid 

11 a significant risk of harm to persons, property, 

12 or the environment, the Secretary may waive 

13 the show cause procedure and make the action 

14 immediately effective.’’. 

15 SEC. 20. BIOFUEL PIPELINES. 

16 Section 60101(a)(4) is amended— 

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

18 subparagraph (A); 

19 (2) by redesignating subparagraph (B) as sub20 paragraph (C); and 

21 (3) by inserting after subparagraph (A) the fol22 lowing: 

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

24 biofuels that are flammable, toxic, or corrosive 


srobinson on DSK4SPTVN1PROD with BILLS
24 

•S 275 RS

1 or would be harmful to the environment if re2 leased in significant quantities, and’’. 

3 SEC. 21. CARBON DIOXIDE PIPELINES. 

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

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

6 The Secretary shall prescribe minimum safety standards 

7 for the transportation of carbon dioxide by pipeline in ei8 ther a liquid or gaseous state.’’. 

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

10 CRUDE OIL. 

11 Not later than 18 months after the date of enactment 

12 of this Act, the Secretary of Transportation shall complete 

13 a comprehensive review of hazardous liquid pipeline regu14 lations to determine whether these regulations are suffi15 cient to regulate pipelines used for the transportation of 

16 tar sands crude oil. In conducting this review, the Sec17 retary shall conduct an analysis of whether any increase 

18 in risk of release exists for pipelines transporting tar 

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

20 this review to the Senate Committee on Commerce, 

21 Science, and Transportation, and the House of Represent22 atives Committees on Transportation and Infrastructure 

23 and on Energy and Commerce. 


srobinson on DSK4SPTVN1PROD with BILLS
25 

•S 275 RS

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

2 TRANSPORTED BY PIPELINE. 

3 The Secretary of Transportation may conduct an 

4 analysis of the transportation of non-petroleum hazardous 

5 liquids by pipeline for the purpose of identifying the extent 

6 to which pipelines are currently being used to transport 

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

8 chemical production facilities across land areas not owned 

9 by the producer that are accessible to the public. The anal10 ysis should identify the extent to which the safety of the 

11 lines is unregulated by the States and evaluate whether 

12 the transportation of such chemicals by pipeline across 

13 areas accessible to the public would present significant 

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

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

16 made available to the Senate Committee on Commerce, 

17 Science, and Transportation and the House of Represent18 atives Committees on Transportation and Infrastructure 

19 and on Energy and Commerce. 

20 SEC. 24. CLARIFICATIONS. 

21 (a) AMENDMENT OF PROCEDURES CLARIFICA22 TION.—Section 60108(a)(1) is amended by striking ‘‘an 

23 intrastate’’ and inserting ‘‘a’’. 

24 (b) OWNER AND OPERATOR CLARIFICATION.—Sec25 tion 60102(a)(2)(A) is amended by striking ‘‘owners and 


srobinson on DSK4SPTVN1PROD with BILLS
26 

•S 275 RS

1 operators’’ and inserting in their place the words ‘‘any or 

2 all of the owners or operators’’. 

3 (c) ONE-CALL ENFORCEMENT CLARIFICATION.—Sec4 tion 60114(f) is amended by adding at the end the fol5 lowing: ‘‘This subsection does not apply to proceedings 

6 against persons who are pipeline operators.’’. 

7 SEC. 25. ADDITIONAL RESOURCES. 

8 (a) IN GENERAL.—To the extent funds are appro9 priated, the Secretary of Transportation shall increase the 

10 personnel of the Pipeline and Hazardous Materials Safety 

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

12 carry out the pipeline safety program and the administra13 tion of that program, of which at least— 

14 (1) 9 employees shall be added in fiscal year 

15 2011; 

16 (2) 10 employees shall be added in fiscal year 

17 2012; 

18 (3) 10 employees shall be added in fiscal year 

19 2013; and 

20 (4) 10 employees shall be added in fiscal year 

21 2014. 

22 (b) FUNCTIONS.—In increasing the number of em23 ployees under subsection (a), the Secretary shall focus on 

24 hiring employees— 


srobinson on DSK4SPTVN1PROD with BILLS
27 

•S 275 RS

1 (1) to conduct data collection, analysis, and re2 porting; 

3 (2) to develop, implement, and update informa4 tion technology; 

5 (3) to conduct inspections of pipeline facilities 

6 to determine compliance with applicable regulations 

7 and standards; 

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

9 support for pipeline enforcement activities; and 

10 (5) to support the overall pipeline safety mis11 sion of the Pipeline and Hazardous Materials Safety 

12 Administration, including training of pipeline en13 forcement personnel. 

14 SEC. 26. MAINTENANCE OF EFFORT. 

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

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

17 with a State authority, the Secretary may withhold any 

18 part of a payment when the Secretary decides that the 

19 authority is not carrying out satisfactorily a safety pro20 gram or not acting satisfactorily as an agent. The Sec21 retary may pay an authority under this section only when 

22 the authority ensures the Secretary that it will provide the 

23 remaining costs of a safety program and that the total 

24 State amount spent for a safety program (excluding 

25 grants of the United States Government) will at least 


srobinson on DSK4SPTVN1PROD with BILLS
28 

•S 275 RS

1 equal the average amount spent for gas and hazardous 

2 liquid safety programs for fiscal years 2004 through 2006, 

3 except when the Secretary waives the requirements of this 

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

5 State can demonstrate an inability to maintain or increase 

6 the required funding share of its pipeline safety program 

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

8 economic hardship in that State.’’. 

9 SEC. 27. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) GAS AND HAZARDOUS LIQUID.— 

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

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

13 following: 

14 ‘‘(A) for fiscal year 2011, $92,206,000, of 

15 which $9,200,000 is for carrying out such sec16 tion 12 and $36,958,000 is for making grants; 

17 ‘‘(B) for fiscal year 2012, $96,144,000, of 

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

19 12 and $39,611,000 is for making grants; 

20 ‘‘(C) for fiscal year 2013, $99,876,000, of 

21 which $9,900,000 is for carrying out such sec22 tion 12 and $41,148,000 is for making grants; 

23 and 

24 ‘‘(D) for fiscal year 2014, $102,807,000, 

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


srobinson on DSK4SPTVN1PROD with BILLS
29 

•S 275 RS

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

2 grants.’’. 

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

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

5 following: 

6 ‘‘(A) for fiscal year 2011, $18,905,000, of 

7 which $7,562,000 is for carrying out such sec8 tion 12 and $7,864,000 is for making grants; 

9 ‘‘(B) for fiscal year 2012, $19,661,000, of 

10 which $7,864,000 is for carrying out such sec11 tion 12 and $7,864,000 is for making grants; 

12 ‘‘(C) for fiscal year 2013, $20,000,000, of 

13 which $8,000,000 is for carrying out such sec14 tion 12 and $8,000,000 is for making grants; 

15 and 

16 ‘‘(D) for fiscal year 2014, $20,000,000, of 

17 which $8,000,000 is for carrying out such sec18 tion 12 and $8,000,000 is for making grants.’’. 

19 (b) EMERGENCY RESPONSE GRANTS.—Section 

20 60125(b)(2) is amended by striking ‘‘2007 through 2010’’ 

21 and inserting ‘‘2011 through 2014’’. 

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

23 6107 is amended— 

24 (1) by striking ‘‘2007 through 2010.’’ in sub25 section (a) and inserting ‘‘2011 through 2014.’’; 


srobinson on DSK4SPTVN1PROD with BILLS
30 

•S 275 RS

1 (2) by striking ‘‘2007 through 2010.’’ in sub2 section (b) and inserting ‘‘2011 through 2014.’’; and 

3 (3) by striking subsection (c). 

4 (d) STATE DAMAGE PREVENTION PROGRAMS.—Sec5 tion 60134 is amended by adding at the end the following: 

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

7 are authorized to be appropriated to the Secretary to pro8 vide grants under this section $2,000,000 for each of fiscal 

9 years 2011 through 2014. The funds shall remain avail10 able until expended.’’. 

11 (e) COMMUNITY PIPELINE SAFETY INFORMATION

12 GRANTS.—Section 60130 is amended— 

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

14 and inserting ‘‘$100,000’’; and 

15 (2) by striking ‘‘2003 through 2010.’’ in sub16 section (d) and inserting ‘‘2011 through 2014.’’. 

17 (f) PIPELINE TRANSPORTATION RESEARCH AND DE18 VELOPMENT.—Section 12 of the Pipeline Safety Improve19 ment Act of 2002 (49 U.S.C. 60101 note) is amended— 

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

21 following: 

22 ‘‘(3) ONGOING PIPELINE TRANSPORTATION RE23 SEARCH AND DEVELOPMENT.—After the initial 5- 

24 year program plan has been carried out by the par25 ticipating agencies, the Secretary of Transportation 


srobinson on DSK4SPTVN1PROD with BILLS
31 

•S 275 RS

1 shall prepare a research and development program 

2 plan every 5 years thereafter and shall transmit a 

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

4 of implementation of the program each year that 

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

6 and 

7 (2) by striking ‘‘2003 through 2006.’’ in sub8 section (f) and inserting ‘‘2011 through 2014.’’. 

9 SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, 

10 UNITED STATES CODE; TABLE OF CONTENTS. 

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

12 ‘‘Pipeline Transportation Safety Improvement Act of 

13 2011’’. 

14 (b) AMENDMENT OF TITLE 49, UNITED STATES

15 CODE.—Except as otherwise expressly provided, whenever 

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

17 of an amendment to, or a repeal of, a section or other provi18 sion, the reference shall be considered to be made to a section 

19 or other provision of title 49, United States Code. 

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

21 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. 


srobinson on DSK4SPTVN1PROD with BILLS
32 

•S 275 RS

Sec. 10. Leak detection. 

Sec. 11. Incident notification. 

Sec. 12. Transportation-related onshore facility response plan compliance. 

Sec. 13. Pipeline infrastructure data collection. 

Sec. 14. International cooperation and consultation. 

Sec. 15. Gas and hazardous liquid gathering lines. 

Sec. 16. Transportation-related oil flow lines. 

Sec. 17. Alaska project coordination. 

Sec. 18. Cost recovery for design reviews. 

Sec. 19. Special permits. 

Sec. 20. Biofuel pipelines. 

Sec. 21. Carbon dioxide pipelines. 

Sec. 22. Study of the transportation of tar sands crude oil. 

Sec. 23. Study of non-petroleum hazardous liquids transported by pipeline. 

Sec. 24. Clarifications. 

Sec. 25. Additional resources. 

Sec. 26. Maintenance of effort. 

Sec. 27. Maximum allowable operating pressure. 

Sec. 28. Administrative enforcement process. 

Sec. 29. Authorization of appropriations. 

1 SEC. 2. CIVIL PENALTIES. 

2 (a) PENALTY CONSIDERATIONS; MAJOR CONSEQUENCE

3 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 Secretary 

13 of Transportation decides, after written notice and an 

14 opportunity for a hearing, has committed a major 

15 consequence violation of section 60114(b), 60114(d), 

16 or 60118(a) of this title or a regulation prescribed or 


srobinson on DSK4SPTVN1PROD with BILLS
33 

•S 275 RS

1 order issued under this chapter is liable to the United 

2 States Government for a civil penalty of not more 

3 than $250,000 for each violation. A separate violation 

4 occurs for each day the violation continues. The max5 imum civil penalty under this paragraph for a re6 lated series of major consequence violations is 

7 $2,500,000. 

8 ‘‘(2) PENALTY CONSIDERATIONS.—In deter9 mining the amount of a civil penalty for a major 

10 consequence violation under this subsection, the Sec11 retary shall consider the factors prescribed in sub12 section (b). 

13 ‘‘(3) MAJOR CONSEQUENCE VIOLATION DE14 FINED.—In this subsection, the term ‘major con15 sequence violation’ means a violation that contributed 

16 to an incident resulting in— 

17 ‘‘(A) 1 or more deaths; 

18 ‘‘(B) 1 or more injuries or illnesses requir19 ing in-patient hospitalization; or 

20 ‘‘(C) environmental harm exceeding 

21 $250,000 in estimated damage to the environ22 ment including property loss other than the 

23 value of natural gas or hazardous liquid lost, or 

24 damage to pipeline equipment.’’. 


srobinson on DSK4SPTVN1PROD with BILLS
34 

•S 275 RS

1 (b) PENALTY FOR OBSTRUCTION OF INSPECTIONS AND

2 INVESTIGATIONS.—Section 60118(e) is amended by adding 

3 at the end the following: ‘‘The Secretary may impose a civil 

4 penalty under section 60122 of this title on a person who 

5 obstructs or prevents the Secretary from carrying out in6 spections or investigations under this chapter.’’. 

7 (c) ADMINISTRATIVE PENALTY CAPS INAPPLICABLE.— 

8 Section 60120(a)(1) is amended by adding at the end the 

9 following: ‘‘The maximum amount of civil penalties for ad10 ministrative enforcement actions under section 60122 of 

11 this title shall not apply to enforcement actions under this 

12 section.’’. 

13 (d) JUDICIAL REVIEW OF ADMINISTRATIVE ENFORCE14 MENT ORDERS.—Section 60119(a) is amended— 

15 (1) by striking the subsection caption and insert16 ing ‘‘(a) REVIEW OF REGULATIONS, ORDERS, AND

17 OTHER FINAL AGENCY ACTIONS.—’’; and 

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

19 waiver under section 60118(c) or (d) of’’ and insert20 ing ‘‘under’’. 

21 SEC. 3. PIPELINE DAMAGE PREVENTION. 

22 (a) MINIMUM STANDARDS FOR STATE ONE-CALL NOTI23 FICATION PROGRAMS.—Section 6103(a) is amended to read 

24 as follows: 

25 ‘‘(a) MINIMUM STANDARDS.— 


srobinson on DSK4SPTVN1PROD with BILLS
35 

•S 275 RS

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

2 grant under section 6106, a State one-call notifica3 tion program shall, at a minimum, provide for— 

4 ‘‘(A) appropriate participation by all un5 derground facility operators, including all gov6 ernment operators; 

7 ‘‘(B) appropriate participation by all exca8 vators, including all government and contract 

9 excavators; and 

10 ‘‘(C) flexible and effective enforcement under 

11 State law with respect to participation in, and 

12 use of, one-call notification systems. 

13 ‘‘(2) EXEMPTIONS PROHIBITED.—A State one14 call notification program may not exempt munici15 palities, State agencies, or their contractors from its 

16 one-call notification system requirements.’’. 

17 (b) STATE DAMAGE PREVENTION PROGRAMS.—Sec18 tion 60134(a) is amended— 

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

20 paragraph (1); 

21 (2) by striking ‘‘(b).’’ in paragraph (2) and in22 serting ‘‘(b); and’’; and 

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


srobinson on DSK4SPTVN1PROD with BILLS
36 

•S 275 RS

1 ‘‘(3) does not provide any exemptions to munici2 palities, State agencies, or their contractors from its 

3 one-call notification system requirements.’’. 

4 (c) EFFECTIVE DATE.—The amendments made by this 

5 section shall take effect 2 years after the date of enactment 

6 of this Act. 

7 SEC. 4. OFFSHORE GATHERING PIPELINES. 

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

9 sentence and inserting ‘‘Not later than 1 year after the date 

10 of enactment of the Pipeline Transportation Safety Im11 provement Act of 2011, the Secretary shall issue regulations, 

12 after notice and an opportunity for a hearing, subjecting 

13 offshore hazardous liquid gathering pipelines and haz14 ardous liquid gathering pipelines located within the inlets 

15 of the Gulf of Mexico to the same standards and regulations 

16 as other hazardous liquid gathering pipelines. The regula17 tions issued under this paragraph shall not apply to low18 stress distribution pipelines.’’. 

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

20 VALVES. 

21 Section 60102 is amended by adding at the end the 

22 following: 

23 ‘‘(n) AUTOMATIC AND REMOTE-CONTROLLED SHUT24 OFF VALVES.—Not later than 2 years after the date of en25 actment of the Pipeline Transportation Safety ImproveVerDate Mar 15 2010 22:18 Jul 07, 2011 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\S275.RS S275

srobinson on DSK4SPTVN1PROD with BILLS
37 

•S 275 RS

1 ment Act of 2011, the Secretary shall by regulation, after 

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

3 of automatic or remote-controlled shut-off valves, or equiva4 lent technology, where economically, technically, and oper5 ationally feasible on transmission pipelines constructed or 

6 entirely replaced after the date on which the Secretary 

7 issues a final rule.’’. 

8 SEC. 6. EXCESS FLOW VALVES. 

9 Section 60109(e)(3) is amended— 

10 (1) by redesignating subparagraph (B) as sub11 paragraph (C); and 

12 (2) by inserting after subparagraph (A) the fol13 lowing: 

14 ‘‘(B) DISTRIBUTION BRANCH SERVICES, 

15 MULTI-FAMILY FACILITIES, AND SMALL COMMER16 CIAL FACILITIES.—Not later than 2 years after 

17 the date of enactment of the Pipeline Transpor18 tation Safety Improvement Act of 2011, the Sec19 retary shall prescribe regulations, after notice 

20 and an opportunity for hearing, to require the 

21 use of excess flow valves, where economically and 

22 technically feasible, on new or entirely replaced 

23 distribution branch services, multi-family facili24 ties, and small commercial facilities.’’. 


srobinson on DSK4SPTVN1PROD with BILLS
38 

•S 275 RS

1 SEC. 7. INTEGRITY MANAGEMENT. 

2 (a) EVALUATION.—Within 1 year after the date of en3 actment of this Act, the Secretary of Transportation shall 

4 evaluate— 

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

7 beyond high consequence areas (as defined under sec8 tion 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 as 

17 part of the records required to be maintained by oper18 ators. 

19 (b) STANDARDS.—Not later than 1 year after comple20 tion of the evaluation, the Secretary shall prescribe such 

21 regulations, as appropriate, after notice and an oppor22 tunity for a hearing. 

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

24 relevant data necessary to complete the evaluation required 

25 by subsection (a) and may collect such additional data purVerDate Mar 15 2010 22:18 Jul 07, 2011 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\S275.RS S275

srobinson on DSK4SPTVN1PROD with BILLS
39 

•S 275 RS

1 suant to regulations promulgated under subsection (b) as 

2 may be necessary. 

3 (d) SEISMICITY.—In identifying high consequence 

4 areas under section 60109, the Secretary shall consider the 

5 seismicity of the area. 

6 SEC. 8. PUBLIC EDUCATION AND AWARENESS. 

7 (a) IN GENERAL.—Chapter 601 is amended by adding 

8 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, including 

22 any deficiencies identified; and 

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

24 taken by the operator to remediate such defi25 ciencies; 


srobinson on DSK4SPTVN1PROD with BILLS
40 

•S 275 RS

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 and 

5 of each hazardous liquid pipeline operator’s re6 sponse 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) of 

17 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 proc22 ess by which an operator determines the 

23 worst discharge. 

24 ‘‘(3) excluding any proprietary or security-sen25 sitive information, as part of the National Pipeline 


srobinson on DSK4SPTVN1PROD with BILLS
41 

•S 275 RS

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 reg4 ulations 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 sub11 section (a) shall be considered to have been met if the infor12 mation required to be made public is made available on 

13 the Pipeline and Hazardous Materials Safety Administra14 tion’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 for 

20 chapter 601 is amended by inserting after the item relating 

21 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 


srobinson on DSK4SPTVN1PROD with BILLS
42 

•S 275 RS

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 adopted 

4 a plan for the safe management and replacement of 

5 cast iron pipelines; 

6 (2) the elements of the plan, including the antici7 pated rate of replacement; and 

8 (3) the progress that has been made. 

9 (b) SURVEY FREQUENCY.—Section 60108(d) is amend10 ed by adding at the end the following new paragraph: 

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

12 measure progress of plan implementation biannually.’’. 

13 SEC. 10. LEAK DETECTION. 

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

15 than 1 year after the date of enactment of this Act, the Sec16 retary of Transportation shall submit to the Committee on 

17 Commerce, Science, and Transportation of the Senate and 

18 the Committees on Transportation and Infrastructure and 

19 on Energy and Commerce of the House of Representatives 

20 an updated report on leak detection systems utilized by op21 erators of hazardous liquid pipelines and transportation22 related flow lines. The report shall include an analysis of 

23 the technical limitations of current leak detection systems, 

24 including the systems’ ability to detect ruptures and small 


srobinson on DSK4SPTVN1PROD with BILLS
43 

•S 275 RS

1 leaks that are ongoing or intermittent, and what can be 

2 done to foster development of better technologies. 

3 (b) LEAK DETECTION STANDARDS.—Not later than 1 

4 year after completion of the report, the Secretary shall, as 

5 appropriate, based on the study in subsection (a), prescribe 

6 regulations, after notice and an opportunity for a hearing, 

7 requiring an operator of a hazardous liquid pipeline to use 

8 leak detection technologies, particularly in high consequence 

9 areas. 

10 SEC. 11. INCIDENT NOTIFICATION. 

11 Not later than 18 months after the date of enactment 

12 of this Act, the Secretary of Transportation shall— 

13 (1) prescribe regulations, after notice and an op14 portunity for a hearing, that establish time limits for 

15 accident and incident telephonic or electronic notifi16 cation by pipeline operators to State and local gov17 ernment officials and emergency responders when a 

18 spill or rupture occurs; and 

19 (2) review procedures for pipeline operators and 

20 the National Response Center to provide thorough and 

21 coordinated notification to all relevant emergency re22 sponse officials and revise such procedures as appro23 priate. 


srobinson on DSK4SPTVN1PROD with BILLS
44 

•S 275 RS

1 SEC. 12. TRANSPORTATION-RELATED ONSHORE FACILITY 

2 RESPONSE PLAN COMPLIANCE. 

3 (a) IN GENERAL.—Subparagraphs (A) and (B) of sec4 tion 311(m)(2) of the Federal Water Pollution Control Act 

5 (33 U.S.C. 1321(m)(2)) are each amended by striking ‘‘Ad6 ministrator or’’ and inserting ‘‘Administrator, the Sec7 retary of Transportation, or’’. 

8 (b) CONFORMING AMENDMENT.—Section 311(b)(6)(A) 

9 of the Federal Water Pollution Control Act (33 U.S.C. 

10 1321(b)(6)(A)) is amended by striking ‘‘operating or’’ and 

11 inserting ‘‘operating, the Secretary of Transportation, or’’. 

12 SEC. 13. PIPELINE INFRASTRUCTURE DATA COLLECTION. 

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

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

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

16 ‘‘(4) Any other geospatial, technical, or other re17 lated pipeline data, including design and material 

18 specifications, that the Secretary determines is nec19 essary to carry out the purposes of this section. The 

20 Secretary shall give reasonable notice to operators 

21 that the data are being requested.’’. 

22 (b) DISCLOSURE LIMITED TO FOIA REQUIRE23 MENTS.—Section 60132 is amended by adding at the end 

24 the following: 

25 ‘‘(d) PUBLIC DISCLOSURE LIMITED.—The Secretary 

26 may not disclose information collected pursuant to subVerDate Mar 15 2010 22:18 Jul 07, 2011 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\S275.RS S275

srobinson on DSK4SPTVN1PROD with BILLS
45 

•S 275 RS

1 section (a) except to the extent permitted by section 552 of 

2 title 5.’’. 

3 SEC. 14. INTERNATIONAL COOPERATION AND CONSULTA4 TION. 

5 Section 60117 is amended by adding at the end the 

6 following: 

7 ‘‘(o) INTERNATIONAL COOPERATION AND CONSULTA8 TION.— 

9 ‘‘(1) INFORMATION EXCHANGE AND TECHNICAL

10 ASSISTANCE.—If the Secretary determines that it 

11 would benefit the United States, subject to guidance 

12 from the Secretary of State, the Secretary may engage 

13 in activities supporting cooperative international ef14 forts to share information about the risks to the public 

15 and the environment from pipelines and means of 

16 protecting against those risks. Such cooperation may 

17 include the exchange of information with domestic 

18 and appropriate international organizations to facili19 tate efforts to develop and improve safety standards 

20 and requirements for pipeline transportation in or af21 fecting interstate or foreign commerce. 

22 ‘‘(2) CONSULTATION.—To the extent practicable, 

23 subject to guidance from the Secretary of State, the 

24 Secretary may consult with interested authorities in 

25 Canada, Mexico, and other interested authorities, as 


srobinson on DSK4SPTVN1PROD with BILLS
46 

•S 275 RS

1 needed, to ensure that the respective pipeline safety 

2 standards and requirements prescribed by the Sec3 retary and those prescribed by such authorities are 

4 consistent with the safe and reliable operation of 

5 cross-border pipelines. 

6 ‘‘(3) DIFFERENCES IN INTERNATIONAL STAND7 ARDS AND REQUIREMENTS.—Nothing in this section 

8 requires that a standard or requirement prescribed by 

9 the Secretary under this chapter be identical to a 

10 standard or requirement adopted by an international 

11 authority.’’. 

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

13 Not later than 2 years after the date of enactment of 

14 this Act, the Secretary of Transportation shall complete a 

15 review of all exemptions for gas and hazardous liquid gath16 ering lines. Based on this review the Secretary shall submit 

17 a report to the Committee on Commerce, Science, and 

18 Transportation of the Senate and the Committees on Trans19 portation and Infrastructure and on Energy and Commerce 

20 of the House of Representatives containing the Secretary’s 

21 recommendations with respect to the modification or rev22 ocation of existing exemptions. 

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

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

25 amended by adding at the end the following: 


srobinson on DSK4SPTVN1PROD with BILLS
47 

•S 275 RS

1 ‘‘(o) TRANSPORTATION-RELATED OIL FLOW LINES.— 

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

3 collect geospatial, technical, or other pipeline data on 

4 transportation-related oil flow lines, including un5 regulated transportation-related oil flow lines. 

6 ‘‘(2) TRANSPORTATION-RELATED OIL FLOW LINE

7 DEFINED.—In this subsection, the term ‘transpor8 tation-related oil flow line’ means a pipeline trans9 porting oil off of the grounds of the well where it 

10 originated across areas not owned by the producer re11 gardless of the extent to which the oil has been proc12 essed, if at all. 

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

14 authorizes the Secretary to prescribe standards for the 

15 movement of oil through production, refining, or 

16 manufacturing facilities, or through oil production 

17 flow lines located on the grounds of wells.’’. 

18 SEC. 17. ALASKA PROJECT COORDINATION. 

19 (a) IN GENERAL.—Chapter 601, as amended by sec20 tion 8 of this Act, is further amended by adding at the end 

21 the following: 

22 ‘‘§ 60139. Alaska project coordination 

23 ‘‘The Secretary may provide technical assistance to the 

24 State of Alaska for the purpose of achieving coordinated and 

25 effective oversight of the construction, expansion, or operVerDate Mar 15 2010 22:18 Jul 07, 2011 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6203 E:\BILLS\S275.RS S275

srobinson on DSK4SPTVN1PROD with BILLS
48 

•S 275 RS

1 ation of pipeline systems in Alaska. The assistance may in2 clude— 

3 ‘‘(1) conducting coordinated inspections of pipe4 line systems subject to the respective authorities of the 

5 Department of Transportation and the State of Alas6 ka; 

7 ‘‘(2) consulting on the development and imple8 mentation of programs designed to manage the integ9 rity risks associated with operating pipeline systems 

10 in the unique conditions of Alaska; 

11 ‘‘(3) training inspection and enforcement per12 sonnel and consulting on the development and imple13 mentation of inspection protocols and training pro14 grams; and 

15 ‘‘(4) entering into cooperative agreements, 

16 grants, or other transactions with the State of Alaska, 

17 the Joint Pipeline Office, other Federal agencies, and 

18 other public and private agencies to carry out the ob19 jectives of this section.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents for 

21 chapter 601, as amended by section 8 of this Act, is further 

22 amended by inserting after the item relating to section 

23 60138 the following new item: 

‘‘60139. Alaska project coordination’’. 

24 SEC. 18. COST RECOVERY FOR DESIGN REVIEWS. 

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


srobinson on DSK4SPTVN1PROD with BILLS
49 

•S 275 RS

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

2 ‘‘(1) IN GENERAL.— 

3 ‘‘(A) REVIEW COSTS.—For any project de4 scribed in subparagraph (B), if the Secretary 

5 conducts facility design safety reviews in connec6 tion with a proposal to construct, expand, or op7 erate a new gas or hazardous liquid pipeline or 

8 liquefied natural gas pipeline facility, including 

9 construction inspections and oversight, the Sec10 retary may require the person or entity pro11 posing the project to pay the costs incurred by 

12 the Secretary relating to such reviews. If the Sec13 retary exercises the cost recovery authority de14 scribed in this section, the Secretary shall pre15 scribe a fee structure and assessment method16 ology that is based on the costs of providing these 

17 reviews and shall prescribe procedures to collect 

18 fees under this section. This authority is in addi19 tion to the authority provided in section 60301 

20 of this title, but the Secretary may not collect 

21 fees under this section and section 60301 for the 

22 same design safety review. 

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

24 Subparagraph (A) applies to any project that— 


srobinson on DSK4SPTVN1PROD with BILLS
50 

•S 275 RS

1 ‘‘(i) has design and construction costs 

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

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

4 designs. 

5 ‘‘(2) NOTIFICATION.—For any new pipeline con6 struction project in which the Secretary will conduct 

7 design reviews, the person or entity proposing the 

8 project shall notify the Secretary and provide the de9 sign specifications, construction plans and proce10 dures, and related materials at least 120 days prior 

11 to the commencement of construction. 

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

13 Pipeline Safety Design Review Fund in the Treasury 

14 of the United States. The Secretary shall deposit 

15 funds paid under this subsection into the Fund. 

16 Funds deposited under this section are authorized to 

17 be appropriated for the purposes set forth in this 

18 chapter. Fees authorized under this section shall be 

19 collected and available for obligation only to the ex20 tent and in the amount provided in advance in ap21 propriations Acts. 

22 ‘‘(4) NO ADDITIONAL PERMITTING AUTHORITY.— 

23 Nothing in this subsection shall be construed as au24 thorizing the Secretary to require a person to obtain 

25 a permit before beginning design and construction in 


srobinson on DSK4SPTVN1PROD with BILLS
51 

•S 275 RS

1 connection with a project described in paragraph 

2 (1)(B).’’. 

3 SEC. 19. SPECIAL PERMITS. 

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

5 ‘‘(1) ISSUANCE OF WAIVERS.— 

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

7 owner or operator of a pipeline facility, the Sec8 retary by order may waive compliance with any 

9 part of an applicable standard prescribed under 

10 this chapter with respect to the facility on terms 

11 the Secretary considers appropriate, if the Sec12 retary determines that the waiver is not incon13 sistent with pipeline safety. 

14 ‘‘(B) CONSIDERATIONS.—In determining 

15 whether to grant a waiver, the Secretary shall 

16 consider— 

17 ‘‘(i) the fitness of the applicant to con18 duct the activity authorized by the waiver 

19 in a manner that is consistent with pipeline 

20 safety; 

21 ‘‘(ii) the applicant’s compliance his22 tory; 

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

24 and 


srobinson on DSK4SPTVN1PROD with BILLS
52 

•S 275 RS

1 ‘‘(iv) any other information or data 

2 the Secretary considers relevant to making 

3 the determination. 

4 ‘‘(C) EFFECTIVE PERIOD.—A waiver of one 

5 or more pipeline operating requirements shall be 

6 reviewed by the Secretary 5 years after its effec7 tive date. In reviewing a waiver, the Secretary 

8 shall consider any change in ownership or con9 trol of the pipeline, any change in the conditions 

10 around the pipeline, and other factors as appro11 priate. The Secretary may modify, suspend, or 

12 revoke a waiver after such review under subpara13 graph (E). 

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

15 Secretary may act on a waiver under this sec16 tion only after public notice and an opportunity 

17 for a hearing, which may consist of publication 

18 of notice in the Federal Register that an applica19 tion for a waiver has been filed and providing 

20 the public with the opportunity to review and 

21 comment on the application. If a waiver is 

22 granted, the Secretary shall state in the order 

23 and associated analysis the reasons for granting 

24 it. 


srobinson on DSK4SPTVN1PROD with BILLS
53 

•S 275 RS

1 ‘‘(E) NONCOMPLIANCE AND MODIFICATION, 

2 SUSPENSION, OR REVOCATION.—After notice to a 

3 holder of a waiver and opportunity to show 

4 cause, the Secretary may modify, suspend, or re5 voke a waiver issued under this section for fail6 ure to comply with its terms or conditions, inter7 vening changes in Federal law, a material 

8 change in circumstances affecting safety, includ9 ing erroneous information in the application, or 

10 any other reason. If necessary to avoid a signifi11 cant risk of harm to persons, property, or the en12 vironment, the Secretary may waive the show 

13 cause procedure and make the action imme14 diately effective.’’. 

15 SEC. 20. BIOFUEL PIPELINES. 

16 Section 60101(a)(4) is amended— 

17 (1) by striking ‘‘and’’ after the semicolon in sub18 paragraph (A); 

19 (2) by redesignating subparagraph (B) as sub20 paragraph (C); and 

21 (3) by inserting after subparagraph (A) the fol22 lowing: 

23 ‘‘(B) non-petroleum fuels, including biofuels 

24 that are flammable, toxic, or corrosive or would 


srobinson on DSK4SPTVN1PROD with BILLS
54 

•S 275 RS

1 be harmful to the environment if released in sig2 nificant quantities; and’’. 

3 SEC. 21. CARBON DIOXIDE PIPELINES. 

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

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

6 The Secretary shall prescribe minimum safety standards for 

7 the transportation of carbon dioxide by pipeline in either 

8 a liquid or gaseous state.’’. 

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

10 CRUDE OIL. 

11 Not later than 18 months after the date of enactment 

12 of this Act, the Secretary of Transportation shall complete 

13 a comprehensive review of hazardous liquid pipeline regula14 tions to determine whether these regulations are sufficient 

15 to regulate pipelines used for the transportation of tar sands 

16 crude oil. In conducting this review, the Secretary shall con17 duct an analysis of whether any increase in risk of release 

18 exists for pipelines transporting tar sands crude oil. The 

19 Secretary shall report the results of this review to the Com20 mittee on Commerce, Science, and Transportation of the 

21 Senate and the Committees on Transportation and Infra22 structure and on Energy and Commerce of the House of 

23 Representatives. 


srobinson on DSK4SPTVN1PROD with BILLS
55 

•S 275 RS

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

2 TRANSPORTED BY PIPELINE. 

3 The Secretary of Transportation may conduct an 

4 analysis of the transportation of non-petroleum hazardous 

5 liquids by pipeline for the purpose of identifying the extent 

6 to which pipelines are currently being used to transport 

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

8 chemical production facilities across land areas not owned 

9 by the producer that are accessible to the public. The anal10 ysis should identify the extent to which the safety of the 

11 lines is unregulated by the States and evaluate whether the 

12 transportation of such chemicals by pipeline across areas 

13 accessible to the public would present significant risks to 

14 public safety, property, or the environment in the absence 

15 of regulation. The results of the analysis shall be made 

16 available to the Committee on Commerce, Science, and 

17 Transportation of the Senate and the Committees on Trans18 portation and Infrastructure and on Energy and Commerce 

19 of the House of Representatives. 

20 SEC. 24. CLARIFICATIONS. 

21 (a) AMENDMENT OF PROCEDURES CLARIFICATION.— 

22 Section 60108(a)(1) is amended by striking ‘‘an intrastate’’ 

23 and inserting ‘‘a’’. 

24 (b) OWNER AND OPERATOR CLARIFICATION.—Section 

25 60102(a)(2)(A) is amended by striking ‘‘owners and opera26 tors’’ and inserting ‘‘any or all of the owners or operators’’. 


srobinson on DSK4SPTVN1PROD with BILLS
56 

•S 275 RS

1 (c) ONE-CALL ENFORCEMENT CLARIFICATION.—Sec2 tion 60114(f) is amended by adding at the end the fol3 lowing: ‘‘This subsection does not apply to proceedings 

4 against persons who are pipeline operators.’’. 

5 SEC. 25. ADDITIONAL RESOURCES. 

6 (a) IN GENERAL.—To the extent funds are appro7 priated, the Secretary of Transportation shall increase the 

8 personnel of the Pipeline and Hazardous Materials Safety 

9 Administration by a total of 39 full-time employees to carry 

10 out the pipeline safety program and the administration of 

11 that program, of which at least— 

12 (1) 9 employees shall be added in fiscal year 

13 2011; 

14 (2) 10 employees shall be added in fiscal year 

15 2012; 

16 (3) 10 employees shall be added in fiscal year 

17 2013; and 

18 (4) 10 employees shall be added in fiscal year 

19 2014. 

20 (b) FUNCTIONS.—In increasing the number of employ21 ees under subsection (a), the Secretary shall focus on hiring 

22 employees— 

23 (1) to conduct data collection, analysis, and re24 porting; 


srobinson on DSK4SPTVN1PROD with BILLS
57 

•S 275 RS

1 (2) to develop, implement, and update informa2 tion technology; 

3 (3) to conduct inspections of pipeline facilities to 

4 determine compliance with applicable regulations and 

5 standards; 

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

7 support for pipeline enforcement activities; and 

8 (5) to support the overall pipeline safety mission 

9 of the Pipeline and Hazardous Materials Safety Ad10 ministration, including training of pipeline enforce11 ment personnel. 

12 SEC. 26. MAINTENANCE OF EFFORT. 

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

14 ‘‘(b) PAYMENTS.—After notifying and consulting with 

15 a State authority, the Secretary may withhold any part 

16 of a payment when the Secretary decides that the authority 

17 is not carrying out satisfactorily a safety program or not 

18 acting satisfactorily as an agent. The Secretary may pay 

19 an authority under this section only when the authority 

20 ensures the Secretary that it will provide the remaining 

21 costs of a safety program and that the total State amount 

22 spent for a safety program (excluding grants of the United 

23 States Government) will at least equal the average amount 

24 spent for gas and hazardous liquid safety programs for fis25 cal years 2004 through 2006, except when the Secretary 


srobinson on DSK4SPTVN1PROD with BILLS
58 

•S 275 RS

1 waives the requirements of this subsection. The Secretary 

2 shall grant such a waiver if a State can demonstrate an 

3 inability to maintain or increase the required funding 

4 share of its pipeline safety program at or above the level 

5 required by this subsection due to economic hardship in that 

6 State.’’. 

7 SEC. 27. MAXIMUM ALLOWABLE OPERATING PRESSURE. 

8 (a) ESTABLISHMENT OF RECORDS.— 

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

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

11 Transportation shall require pipeline operators to 

12 conduct a verification of records for all interstate and 

13 intrastate gas transmission lines in class 3 and class 

14 4 locations and class 1 and class 2 high consequence 

15 areas that accurately reflect the pipeline’s physical 

16 and operational characteristics and confirm the estab17 lished maximum allowable operating pressure of those 

18 pipelines. 

19 (2) ELEMENTS.—Verification of each record 

20 under paragraph (1) shall include such elements as 

21 the Secretary considers appropriate. 

22 (b) REPORTING.— 

23 (1) DOCUMENTATION OF CERTAIN PIPELINES.— 

24 Not later than 18 months after the date of enactment 

25 of this Act, pipeline operators shall submit to the SecVerDate Mar 15 2010 22:18 Jul 07, 2011 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6203 E:\BILLS\S275.RS S275

srobinson on DSK4SPTVN1PROD with BILLS
59 

•S 275 RS

1 retary documentation of all interstate and intrastate 

2 gas transmission pipelines in class 3 and class 4 loca3 tions and class 1 and class 2 high consequence areas 

4 where the records required under subsection (a) are 

5 not sufficient to confirm the established maximum al6 lowable operating pressure of those pipeline segments. 

7 (2) EXCEEDANCES OF MAXIMUM ALLOWABLE OP8 ERATING PRESSURE.—All pipeline operators shall re9 port any exceedance of the maximum allowable oper10 ating pressure for gas transmission pipelines that ex11 ceed the build-up allowed for operation of pressure12 limiting or control devices to the Secretary not later 

13 than 5 working days after the exceedance occurs. No14 tice of exceedance by gas transmission pipelines shall 

15 be provided concurrently to appropriate State au16 thorities. 

17 (c) DETERMINATION OF MAXIMUM ALLOWABLE OPER18 ATING PRESSURE.— 

19 (1) IN GENERAL.—For any transmission line re20 ported in subsection (b), the Secretary shall require 

21 the operator of the transmission line to reconfirm a 

22 maximum allowable operational pressure as expedi23 tiously as economically feasible. 

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

25 paragraph (1), the Secretary will determine what acVerDate Mar 15 2010 22:18 Jul 07, 2011 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\S275.RS S275

srobinson on DSK4SPTVN1PROD with BILLS
60 

•S 275 RS

1 tions are appropriate for a pipeline operator to take 

2 to maintain safety until a maximum allowable oper3 ating pressure is confirmed. In determining what ac4 tions an operator should take, the Secretary shall take 

5 into account consequences to public safety and the en6 vironment, impacts on pipeline system reliability and 

7 deliverability, and other factors, as appropriate. 

8 SEC. 28. ADMINISTRATIVE ENFORCEMENT PROCESS. 

9 (a) ISSUANCE OF REGULATIONS.— 

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

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

12 shall prescribe regulations— 

13 (A) requiring hearings under sections 

14 60112, 60117, 60118, and 60122 to be convened 

15 before a presiding official; 

16 (B) providing the opportunity for any per17 son requesting a hearing under sections 60112, 

18 60117, 60118, and 60122 to arrange for a tran19 script of that hearing, at the expense of the re20 questing person; and 

21 (C) ensuring expedited review of any order 

22 issued pursuant to section 60112(e). 

23 (2) PRESIDING OFFICIAL.—The regulations pre24 scribed under this subsection shall— 


srobinson on DSK4SPTVN1PROD with BILLS
61 

•S 275 RS

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

2 mean the person who conducts any hearing relat3 ing to civil penalty assessments, compliance or4 ders, safety orders, or corrective action orders; 

5 and 

6 (B) require that the presiding official must 

7 be an attorney on the staff of the Deputy Chief 

8 Counsel that is not engaged in investigative or 

9 prosecutorial functions, including the prepara10 tion of notices of probable violations, orders re11 lating to civil penalty assessments, compliance 

12 orders, or corrective action orders. 

13 (b) STANDARDS OF JUDICIAL REVIEW.—Section 

14 60119(a) is amended by adding at the end the following 

15 new paragraph: 

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

17 section shall apply the standards of review established in 

18 section 706 of title 5.’’. 

19 SEC. 29. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) GAS AND HAZARDOUS LIQUID.— 

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

22 subparagraphs (A) through (D) and inserting the fol23 lowing: 


srobinson on DSK4SPTVN1PROD with BILLS
62 

•S 275 RS

1 ‘‘(A) for fiscal year 2011, $92,206,000, of 

2 which $9,200,000 is for carrying out such section 

3 12 and $36,958,000 is for making grants; 

4 ‘‘(B) for fiscal year 2012, $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 2013, $99,876,000, of 

8 which $9,900,000 is for carrying out such section 

9 12 and $41,148,000 is for making grants; and 

10 ‘‘(D) for fiscal year 2014, $102,807,000, of 

11 which $10,200,000 is for carrying out such sec12 tion 12 and $42,356,000 is for making grants.’’. 

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

14 subparagraphs (A) through (D) and inserting the fol15 lowing: 

16 ‘‘(A) for fiscal year 2011, $18,905,000, of 

17 which $7,562,000 is for carrying out such section 

18 12 and $7,864,000 is for making grants; 

19 ‘‘(B) for fiscal year 2012, $19,661,000, of 

20 which $7,864,000 is for carrying out such section 

21 12 and $7,864,000 is for making grants; 

22 ‘‘(C) for fiscal year 2013, $20,000,000, of 

23 which $8,000,000 is for carrying out such section 

24 12 and $8,000,000 is for making grants; and 


srobinson on DSK4SPTVN1PROD with BILLS
63 

•S 275 RS

1 ‘‘(D) for fiscal year 2014, $20,000,000, of 

2 which $8,000,000 is for carrying out such section 

3 12 and $8,000,000 is for making grants.’’. 

4 (b) EMERGENCY RESPONSE GRANTS.—Section 

5 60125(b)(2) is amended by striking ‘‘2007 through 2010’’ 

6 and inserting ‘‘2011 through 2014’’. 

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

8 6107 is amended— 

9 (1) by striking ‘‘2007 through 2010.’’ in sub10 section (a) and inserting ‘‘2011 through 2014.’’; 

11 (2) by striking ‘‘2007 through 2010.’’ in sub12 section (b) and inserting ‘‘2011 through 2014.’’; and 

13 (3) by striking subsection (c). 

14 (d) STATE DAMAGE PREVENTION PROGRAMS.—Sec15 tion 60134 is amended by adding at the end the following: 

16 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

17 authorized to be appropriated to the Secretary to provide 

18 grants under this section $2,000,000 for each of fiscal years 

19 2011 through 2014. The funds shall remain available until 

20 expended.’’. 

21 (e) COMMUNITY PIPELINE SAFETY INFORMATION

22 GRANTS.—Section 60130 is amended— 

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

24 and inserting ‘‘$100,000’’; and 


srobinson on DSK4SPTVN1PROD with BILLS
64 

•S 275 RS

1 (2) by striking ‘‘2003 through 2010.’’ in sub2 section (d) and inserting ‘‘2011 through 2014.’’. 

3 (f) PIPELINE TRANSPORTATION RESEARCH AND DE4 VELOPMENT.—Section 12 of the Pipeline Safety Improve5 ment Act of 2002 (49 U.S.C. 60101 note) is amended— 

6 (1) by adding at the end of subsection (d) the fol7 lowing: 

8 ‘‘(3) ONGOING PIPELINE TRANSPORTATION RE9 SEARCH AND DEVELOPMENT.—After the initial 5-year 

10 program plan has been carried out by the partici11 pating agencies, the Secretary of Transportation shall 

12 prepare a research and development program plan 

13 every 5 years thereafter and shall transmit a report 

14 to Congress on the status and results-to-date of imple15 mentation of the program each year that funds are 

16 appropriated for carrying out the plan.’’; and 

17 (2) by striking ‘‘2003 through 2006.’’ in sub18 section (f) and inserting ‘‘2011 through 2014.’’. 


srobinson on DSK4SPTVN1PROD with BILLS

srobinson on DSK4SPTVN1PROD with BILLS
Calendar No. 96 

112TH CONGRESS 

1ST SESSION S. 275 

[Report No. 112–30] 

A BILL 

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 

JULY 7, 2011 

Reported with an amendment 


srobinson on DSK4SPTVN1PROD with BILLS