II 

117TH CONGRESS 

2D SESSION S. 4248 

To enhance pipeline safety and oil spill preparedness and response, 

particularly in the Great Lakes Basin, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 18 (legislative day, MAY 17), 2022 

Mr. PETERS introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To enhance pipeline safety and oil spill preparedness and 

response, particularly in the Great Lakes Basin, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Releases 

5 Of Toxic Environmental Contaminants Threatening Our 

6 Great Lakes Act’’ or the ‘‘PROTECT Our Great Lakes 

7 Act’’. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4248 IS

1 (1) ADMINISTRATION.—The term ‘‘Administra2 tion’’ means the Pipeline and Hazardous Materials 

3 Safety Administration. 

4 (2) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Administra6 tion. 

7 (3) BEST AVAILABLE TECHNOLOGY.—The term 

8 ‘‘best available technology’’, with respect to a pipe9 line, means commercially available technology that, 

10 in the determination of the Administrator, provides 

11 the greatest degree of protection with respect to lim12 iting the quantity of release in the event of a leak 

13 or spill, taking into consideration whether the tech14 nology— 

15 (A) is currently in use by pipeline opera16 tors; and 

17 (B) can be readily purchased for use in the 

18 United States. 

19 (4) CENTER.—The term ‘‘Center’’ means the 

20 Center of Expertise for Great Lakes Oil Spill Pre21 paredness and Response established under section 

22 807(a) of the Frank LoBiondo Coast Guard Author23 ization Act of 2018 (Public Law 115–282; 14 

24 U.S.C. 313 note). 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4248 IS

1 (5) HIGH CONSEQUENCE AREA.—The term 

2 ‘‘high consequence area’’ has the meaning given the 

3 term in section 195.450 of title 49, Code of Federal 

4 Regulations (or a successor regulation). 

5 (6) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Transportation. 

7 (7) UNDER SECRETARY.—The term ‘‘Under 

8 Secretary’’ means the Under Secretary of Commerce 

9 for Oceans and Atmosphere. 

10 SEC. 3. ADJUSTMENT OF PHMSA EMPLOYEE PAY RATES. 

11 (a) ESTABLISHMENT OF PAY RATES.—Subject to 

12 section 5373 of title 5, United States Code, and notwith13 standing any other provision of law, to ensure that the 

14 Administration is able to competitively attract and retain 

15 employees, including employees with the greatest talent 

16 with respect to the inspection of pipelines, the Secretary 

17 may establish, in accordance with this section, higher min18 imum rates of basic pay for the employees of the Adminis19 tration described in subsection (b). 

20 (b) EMPLOYEES DESCRIBED.—The employees of the 

21 Administration referred to in subsection (a) are, as the 

22 Secretary determines to be appropriate, 1 or more of the 

23 following: 

24 (1) Employees in a job series the duties of 

25 which are comparable, in the determination of the 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 4248 IS

1 Secretary, to the duties of a job series described in 

2 section 121(c) of title I of division E of the Consoli3 dated Appropriations Act, 2012 (Public Law 112– 

4 74; 125 Stat. 1012). 

5 (2) Employees that are GS–0801 series General 

6 Engineers. 

7 (3) Employees in a job series the duties of 

8 which involve— 

9 (A) the inspection of pipelines; or 

10 (B) the enforcement of laws (including reg11 ulations) relating to pipelines. 

12 (c) REQUIREMENT.—A rate of basic pay established 

13 under subsection (a) shall be— 

14 (1) with respect to employees in a job series de15 scribed in subsection (b)(1), equal to the rate of 

16 basic pay established by the Secretary of the Interior 

17 under section 121(c) of title I of division E of the 

18 Consolidated Appropriations Act, 2012 (Public Law 

19 112–74; 125 Stat. 1012), for the employees of the 

20 Department of the Interior in the applicable job se21 ries described in that subsection; and 

22 (2) with respect to employees in a job series de23 scribed in paragraph (2) or (3) of subsection (b)— 

24 (A) commensurate with the rate of basic 

25 pay established by the Secretary of the Interior 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 4248 IS

1 under section 121(c) of title I of division E of 

2 the Consolidated Appropriations Act, 2012 

3 (Public Law 112–74; 125 Stat. 1012), for the 

4 job series that, in the determination of the Sec5 retary, is most comparable to the applicable job 

6 series described in paragraph (2) or (3) of that 

7 subsection; 

8 (B) not more than 30 percent above the 

9 minimum rate of basic pay normally scheduled 

10 for the applicable employee; and 

11 (C) consistent with subsections (e) through 

12 (j) of section 5305 of title 5, United States 

13 Code. 

14 (d) TIMING OF ADJUSTMENT.— 

15 (1) IN GENERAL.—Notwithstanding any other 

16 provision of law, if the Secretary of the Interior es17 tablishes a new minimum rate of basic pay under 

18 section 121(c) of title I of division E of the Consoli19 dated Appropriations Act, 2012 (Public Law 112– 

20 74; 125 Stat. 1012), after the date of enactment of 

21 this Act, the Secretary, beginning on the date on 

22 which the Secretary of the Interior establishes that 

23 new minimum rate of basic pay, may establish— 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 4248 IS

1 (A) a new minimum rate of basic pay 

2 under subsection (a) for applicable employees of 

3 the Administration; and 

4 (B) an effective date for that new min5 imum rate of basic pay, subject to the condition 

6 that the effective date is not earlier than the ef7 fective date for the new minimum rate of basic 

8 pay established by the Secretary of the Interior. 

9 (2) INITIAL ESTABLISHMENT.—Not later than 

10 45 days after the date of enactment of this Act, the 

11 Secretary shall— 

12 (A) determine whether the Secretary of the 

13 Interior has established a higher minimum rate 

14 of basic pay under section 121(c) of title I of 

15 division E of the Consolidated Appropriations 

16 Act, 2012 (Public Law 112–74; 125 Stat. 

17 1012); and 

18 (B) if applicable, establish— 

19 (i) a minimum rate of basic pay under 

20 subsection (a) for applicable employees of 

21 the Administration that is based on the 

22 most recent minimum rate of basic pay es23 tablished by the Secretary of the Interior 

24 for the applicable job series under that sec25 tion; and 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 4248 IS

1 (ii) an effective date for that min2 imum rate of basic pay, subject to the con3 dition that the effective date is not earlier 

4 than the date on which the Secretary es5 tablishes that minimum rate of basic pay 

6 under clause (i). 

7 (e) PRIOR APPROVAL NOT REQUIRED.—Notwith8 standing any other provision of law, the Secretary shall 

9 not be required to seek or receive approval from the Direc10 tor of the Office of Management and Budget or the Direc11 tor of the Office of Personnel Management to establish 

12 a new minimum rate of basic pay under this section. 

13 (f) CLARIFICATION.—The authority to establish a 

14 higher minimum rate of basic pay under this section is 

15 in addition to the authority provided by section 102(c) of 

16 the PIPES Act of 2020 (49 U.S.C. 60101 note; Public 

17 Law 116–260). 

18 (g) CONFORMING AMENDMENT.—Section 102(c) of 

19 the PIPES Act of 2020 (49 U.S.C. 60101 note; Public 

20 Law 116–260) is amended by adding at the end the fol21 lowing: 

22 ‘‘(4) REQUIREMENT.—The rate of pay for an 

23 employee of the Administration described in any of 

24 paragraphs (1) through (3) of subsection (b) of secVerDate Sep 11 2014 22:43 May 24, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4248.IS S4248

pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 4248 IS

1 tion 3 of the PROTECT Our Great Lakes Act shall 

2 be the highest of— 

3 ‘‘(A) any applicable special pay rate estab4 lished under paragraph (1); 

5 ‘‘(B) any applicable minimum rate of basic 

6 pay established under subsection (a) of that 

7 section; and 

8 ‘‘(C) the rate of pay otherwise applicable 

9 to the employee.’’. 

10 SEC. 4. OIL SPILL RESPONSE PLANS. 

11 (a) PURPOSES.—The purposes of this section are— 

12 (1) to strengthen the preparedness of owners 

13 and operators of onshore oil pipeline facilities for re14 leases of oil from pipelines; and 

15 (2) to ensure that oil spill response plans sub16 mitted to the Administrator under part 194 of title 

17 49, Code of Federal Regulations (or successor regu18 lations), adequately anticipate and ensure an ade19 quate response to spills of diluted bitumen. 

20 (b) DEFINITIONS.—In this section, the terms ‘‘On21 Scene Coordinator’’, ‘‘operator’’, and ‘‘response plan’’ 

22 have the meanings given those terms in section 194.5 of 

23 title 49, Code of Federal Regulations (as in effect on the 

24 date of enactment of this Act). 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 4248 IS

1 (c) RULEMAKING.—Not later than 90 days after the 

2 date of enactment of this Act, the Secretary, acting 

3 through the Administrator, shall revise part 194 of title 

4 49, Code of Federal Regulations— 

5 (1) to require response plans— 

6 (A) to identify, using industry-standard 

7 names, such as Cold Lake Blend, all of the 

8 crude oils transported by the operator, includ9 ing diluted bitumen; 

10 (B) to include safety data sheets for each 

11 of the crude oils identified in the response plan; 

12 (C) to adequately describe the geographic 

13 areas most sensitive to the effects of a diluted 

14 bitumen spill, including the water bodies poten15 tially at risk; 

16 (D) to describe in sufficient detail the re17 sponse activities planned and resources avail18 able to mitigate the impacts of spills of diluted 

19 bitumen, if applicable, including the capabilities 

20 of the operator for detection, containment, and 

21 recovery of submerged and sunken oil; and 

22 (E) to specify the procedures by which the 

23 operator will— 

24 (i) not later than 6 hours after a spill 

25 has been detected, provide to the applicable 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 4248 IS

1 On-Scene Coordinator or an equivalent 

2 State official information identifying the 

3 source and industry-standard name of any 

4 spilled diluted bitumen; and 

5 (ii) not later than 24 hours after the 

6 spill, or whenever the operator and the ap7 plicable On-Scene Coordinator agree it is 

8 safe to do so, provide to the On-Scene Co9 ordinator or an equivalent State official, on 

10 request— 

11 (I) a 1-liter sample drawn from 

12 the batch of oil spilled; and 

13 (II) specific compositional infor14 mation on the diluent; 

15 (2) to require response plans and the safety 

16 data sheets associated with response plans to include 

17 spill-relevant properties and considerations with re18 spect to each crude oil transported by the operator 

19 and identified in the response plan in accordance 

20 with paragraph (1)(A); 

21 (3) to require the Administrator— 

22 (A) to consult with the Administrator of 

23 the Environmental Protection Agency or the 

24 Commandant of the Coast Guard, or both, as 

25 applicable, with respect to whether response 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 4248 IS

1 plans submitted to the Administrator under 

2 that part meet the requirements in order to re3 spond to spills of diluted bitumen; and 

4 (B) to conduct reviews of response plans 

5 for pipelines carrying diluted bitumen to ensure 

6 the response plans comply with requirements 

7 under that part prior to approval; and 

8 (4) to require operators to provide to the Ad9 ministrator, and make publicly available on the 

10 website of the operator, annual reports that de11 scribe— 

12 (A) the volumes of diluted bitumen, light, 

13 medium, and heavy crude oils, and any other 

14 crude oils carried by each pipeline of the oper15 ator; and 

16 (B) the pipeline sections transporting the 

17 diluted bitumen and other crude oils described 

18 in subparagraph (A). 

19 SEC. 5. BEST AVAILABLE TECHNOLOGY FOR MONITORING 

20 AND SHUTTING OFF CERTAIN PIPELINES. 

21 (a) RULEMAKING.— 

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

23 the date of enactment of this Act, the Secretary, act24 ing through the Administrator, shall promulgate reg25 ulations requiring each operator of a pipeline located 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 4248 IS

1 in a high consequence area to implement, subject to 

2 subsection (d), the best available technology for— 

3 (A) real-time monitoring of the pipeline 

4 through pressure monitoring at shutoff valves, 

5 product flow monitoring, or product wave flow 

6 monitoring; 

7 (B) shutting off the pipeline; and 

8 (C) isolating product flow through the in9 stallation of shutoff valves, including (subject to 

10 section 60104(b) of title 49, United States 

11 Code, if applicable) on existing pipelines, if de12 termined to be appropriate by the Adminis13 trator, for purposes of— 

14 (i) implementing the best available 

15 technology for the activities described in 

16 subparagraphs (A) and (B); and 

17 (ii) isolating any release in the event 

18 of a leak or spill. 

19 (2) RULEMAKING PROCESS.—Notwithstanding 

20 any other provision of law, the requirements of para21 graphs (2)(D), (2)(E), (3)(B), and (5) of section 

22 60102(b) of title 49, United States Code, shall not 

23 apply to the rulemaking required under paragraph 

24 (1) or any proceeding to revise the regulations pro25 mulgated under that paragraph. 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 4248 IS

1 (b) BEST AVAILABLE TECHNOLOGY.— 

2 (1) IN GENERAL.—Subject to paragraphs (2) 

3 and (3), unless the Administrator makes a deter4 mination that another technology provides a greater 

5 degree of protection with respect to limiting the 

6 quantity of release in the event of a leak or spill, the 

7 best available technology for a pipeline described in 

8 subsection (a)(1) shall include— 

9 (A) 1 or more leak detection technologies, 

10 such as through pressure monitoring at shutoff 

11 valves, product flow monitoring, product detec12 tion, or product flow wave monitoring; 

13 (B) 1 or more automatic shutoff systems 

14 with pressure monitoring at the shutoff systems 

15 that communicate to, as applicable— 

16 (i) the appropriate control room (as 

17 defined in section 192.3 of title 49, Code 

18 of Federal Regulations (or a successor reg19 ulation)); or 

20 (ii) the appropriate control room (as 

21 defined in section 195.2 of that title (or a 

22 successor regulation)); 

23 (C) remote-controlled sectionalized block 

24 valves with pressure monitoring at shutoff 

25 valves; or 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 4248 IS

1 (D) a combination of technologies de2 scribed in subparagraphs (A) through (C). 

3 (2) ALTERNATIVE PROTECTIONS.—In areas 

4 where it is not technically feasible to implement the 

5 technologies descried in paragraph (1) due to lack of 

6 power or communications capabilities for installing 

7 the necessary control equipment, the Administrator 

8 may establish alternative methods of protection with 

9 respect to limiting the quantity of release in the 

10 event of a leak or spill that shall be deemed to be 

11 the best available technology in that area for pur12 poses of subsection (a)(1). 

13 (3) APPLICABILITY.— 

14 (A) IN GENERAL.—Subject to subpara15 graph (B) and subsection (d), the Adminis16 trator shall establish requirements relating to 

17 the diameter, flow volume, and operating pres18 sure at which the operator of a pipeline located 

19 in a high consequence area shall be required to 

20 implement a particular technology or combina21 tion of technologies described in paragraph (1) 

22 or an alternative protection established under 

23 paragraph (2) with respect to the pipeline. 

24 (B) REQUIREMENT.—In establishing re25 quirements relating to diameter, flow volume, 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 4248 IS

1 and operating pressure under subparagraph 

2 (A), the Administrator shall ensure that each 

3 operator described in subsection (a)(1) is re4 quired to implement at least 1 technology de5 scribed in paragraph (1) or 1 alternative protec6 tion established under paragraph (2) with re7 spect to each pipeline of the operator that is lo8 cated in a high consequence area. 

9 (4) RISK ANALYSIS.— 

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

11 after the date of enactment of this Act, and not 

12 less frequently than once every 5 years there13 after, each operator of a pipeline described in 

14 subsection (a)(1) shall submit to the Adminis15 trator a risk analysis with respect to the pipe16 line. 

17 (B) REQUIREMENT.—A risk analysis sub18 mitted under subparagraph (A) shall include a 

19 description of the technology that, in the assess20 ment of the operator and in light of the risks 

21 identified in that risk analysis, is the best avail22 able technology for— 

23 (i) monitoring and shutting off the 

24 applicable pipeline; and 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•S 4248 IS

1 (ii) isolating any release in the event 

2 of a leak or spill. 

3 (C) DETERMINATION OF BEST AVAILABLE

4 TECHNOLOGY.—In making a determination of 

5 the best available technology for monitoring and 

6 shutting off each pipeline described in sub7 section (a)(1), the Administrator shall consider 

8 the risk analysis submitted by the operator of 

9 the pipeline under this paragraph. 

10 (c) REQUIREMENT.—The Administrator shall estab11 lish a process for determining whether an operator de12 scribed in subsection (a)(1) has complied with the regula13 tions promulgated under that subsection, including a proc14 ess for determining whether the technology used by the 

15 operator is the best available technology for— 

16 (1) monitoring each applicable pipeline of the 

17 operator; 

18 (2) shutting off each applicable pipeline of the 

19 operator; and 

20 (3) isolating any releases from each applicable 

21 pipeline of the operator in the event of a leak or 

22 spill. 

23 (d) EXEMPTIONS.— 

24 (1) COMPLIANCE DEADLINES.—The Adminis25 trator may grant to an operator described in subVerDate Sep 11 2014 22:43 May 24, 2022 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4248.IS S4248

pamtmann on DSKBC07HB2PROD with BILLS
17 

•S 4248 IS

1 section (a)(1) an exemption from a compliance dead2 line established under this section if the operator— 

3 (A) submits to the Administrator a request 

4 for an exemption from the deadline; and 

5 (B) demonstrates to the satisfaction of the 

6 Administrator that more time is needed to com7 ply with the requirement to which the deadline 

8 relates. 

9 (2) MONITORING REQUIREMENTS.— 

10 (A) IN GENERAL.—The Administrator may 

11 grant to an operator described in subsection 

12 (a)(1) an exemption from a monitoring require13 ment established under this section if the oper14 ator— 

15 (i) submits to the Administrator a re16 quest for an exemption from the moni17 toring requirement; and 

18 (ii) demonstrates to the satisfaction of 

19 the Administrator that complying with the 

20 monitoring requirement or installing the 

21 best available technology for the applicable 

22 monitoring is not economically, technically, 

23 or operationally feasible. 

24 (B) ALTERNATIVE COMPLIANCE.—The Ad25 ministrator shall require an operator receiving a 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•S 4248 IS

1 waiver under subparagraph (A) to implement 

2 an alternative method of protection determined 

3 to be appropriate by the Administrator with re4 spect to limiting the quantity of release in the 

5 event of a leak or spill. 

6 (C) APPLICATION.—A waiver under sub7 paragraph (A) shall not apply to any applicable 

8 requirement to implement the best available 

9 technology for— 

10 (i) shutting off a pipeline once the op11 erator is aware of a leak or spill; or 

12 (ii) isolating any release from a leak 

13 or spill of which the operator is aware. 

14 SEC. 6. ACCEPTANCE OF GIFTS AND BEQUESTS BY THE 

15 UNDER SECRETARY OF COMMERCE FOR 

16 OCEANS AND ATMOSPHERE. 

17 (a) AUTHORITY.—The Under Secretary may accept, 

18 hold, administer, and utilize gifts and bequests of prop19 erty, both real and personal, for the purposes of aiding 

20 or facilitating the work of the National Oceanic and At21 mospheric Administration or the Center, including by car22 rying out research related to the Center and the impacts 

23 of oil spills in freshwater environments such as the Great 

24 Lakes Basin. 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•S 4248 IS

1 (b) SEPARATE FUND; DISBURSEMENTS.—Gifts and 

2 bequests of money described in subsection (a) and the pro3 ceeds from sales of other property received as gifts or be4 quests under that subsection shall be— 

5 (1) deposited in the Treasury in a separate 

6 fund; and 

7 (2) available to the Under Secretary for the 

8 purposes described in subsection (a) without further 

9 appropriation. 

10 (c) SCIENTIFIC EXCELLENCE AND SCIENTIFIC IN11 TEGRITY.—In carrying out any activity using a gift or be12 quest described in subsection (a) or the proceeds of a sale 

13 of property received as a gift or bequest under that sub14 section, the Under Secretary shall— 

15 (1) ensure a continuing culture of scientific ex16 cellence and scientific integrity intended to strength17 en confidence in the quality, validity, and reliability 

18 of science administered by the National Oceanic and 

19 Atmospheric Administration; and 

20 (2) abide by the scientific integrity policy of the 

21 National Oceanic and Atmospheric Administration. 

22 (d) COORDINATION.—The Under Secretary and the 

23 Commandant of the Coast Guard shall coordinate activi24 ties described in subsection (c)— 


pamtmann on DSKBC07HB2PROD with BILLS
20 

•S 4248 IS

1 (1) to optimize data collection, sharing, and in2 tegration; and 

3 (2) to minimize duplication. 

4 (e) CLARIFICATION.—Nothing in this section affects 

5 the application of United States copyright law. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS