II 

112TH CONGRESS 

1ST SESSION H. R. 2845 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 13, 2011 

Received 

AN ACT 

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

transportation, to provide for enhanced reliability in the 

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


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

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

4 UNITED STATES CODE; DEFINITIONS; TABLE 

5 OF CONTENTS. 

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

7 ‘‘Pipeline Safety, Regulatory Certainty, and Job Creation 

8 Act of 2011’’. 

9 (b) AMENDMENT OF TITLE 49, UNITED STATES

10 CODE.—Except as otherwise expressly provided, whenever 

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

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

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

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

15 Code. 

16 (c) DEFINITIONS.—Any term used in this Act that 

17 is defined in chapter 601 of title 49, United States Code, 

18 shall have the meaning given that term in that chapter. 

19 (d) TABLE OF CONTENTS.—The table of contents for 

20 this Act is as follows: 

Sec. 1. Short title; amendment of title 49, United States Code; definitions; 

table of contents. 

Sec. 2. Civil penalties. 

Sec. 3. Pipeline damage prevention. 

Sec. 4. Automatic and remote-controlled shut-off valves. 

Sec. 5. Integrity management. 

Sec. 6. Public education and awareness. 

Sec. 7. Cast iron gas pipelines. 

Sec. 8. Leak detection. 

Sec. 9. Accident and incident notification. 

Sec. 10. Transportation-related onshore facility response plan compliance. 

Sec. 11. Transportation-related oil flow lines. 


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Sec. 12. Cost recovery for design reviews. 

Sec. 13. Biofuel pipelines. 

Sec. 14. Carbon dioxide pipelines. 

Sec. 15. Study of transportation of diluted bitumen. 

Sec. 16. Study of non-petroleum hazardous liquids transported by pipeline. 

Sec. 17. Clarifications. 

Sec. 18. Maintenance of effort. 

Sec. 19. Administrative enforcement process. 

Sec. 20. Gas and hazardous liquid gathering lines. 

Sec. 21. Authorization of appropriations. 

1 SEC. 2. CIVIL PENALTIES. 

2 (a) GENERAL PENALTIES; PENALTY CONSIDER3 ATIONS.—Section 60122 is amended— 

4 (1) in subsection (a)(1)— 

5 (A) in the first sentence by striking 

6 ‘‘$100,000’’ and inserting ‘‘$175,000’’; and 

7 (B) in the last sentence by striking 

8 ‘‘$1,000,000’’ and inserting ‘‘$1,750,000’’; and 

9 (2) in subsection (b)(1)(B) by striking ‘‘the 

10 ability to pay,’’. 

11 (b) OPERATOR ASSISTANCE IN INVESTIGATIONS.— 

12 Section 60118(e) is amended to read as follows: 

13 ‘‘(e) OPERATOR ASSISTANCE IN INVESTIGATIONS.— 

14 ‘‘(1) ASSISTANCE AND ACCESS.—If the Sec15 retary or the National Transportation Safety Board 

16 investigates an accident involving a pipeline facility, 

17 the operator of the facility shall— 

18 ‘‘(A) make available to the Secretary or 

19 the Board all records and information that in 


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1 any way pertain to the accident (including in2 tegrity management plans and test results); and 

3 ‘‘(B) afford all reasonable assistance in the 

4 investigation of the accident. 

5 ‘‘(2) OPERATOR ASSISTANCE IN INVESTIGA6 TIONS.— 

7 ‘‘(A) IN GENERAL.—The Secretary may 

8 impose a civil penalty under section 60122 on 

9 a person who obstructs or prevents the Sec10 retary from carrying out inspections or inves11 tigations under this chapter. 

12 ‘‘(B) DEFINITIONS.—In this paragraph, 

13 the following definitions apply: 

14 ‘‘(i) OBSTRUCTS.—The term ‘ob15 structs’ includes actions that were known, 

16 or reasonably should have been known, to 

17 prevent, hinder, or impede an investigation 

18 without good cause. 

19 ‘‘(ii) GOOD CAUSE.—The term ‘good 

20 cause’ includes, at a minimum, restricting 

21 access to facilities that are not secure or 

22 safe for non-pipeline personnel or visi23 tors.’’. 

24 (c) ADMINISTRATIVE PENALTY CAPS INAPPLI25 CABLE.—Section 60120(a)(1) is amended by adding at the 


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1 end the following: ‘‘The maximum amount of civil pen2 alties for administrative enforcement actions under section 

3 60122 shall not apply to enforcement actions under this 

4 section.’’. 

5 (d) JUDICIAL REVIEW OF ADMINISTRATIVE EN6 FORCEMENT ORDERS.—Section 60119(a) is amended— 

7 (1) in the subsection heading by striking ‘‘AND

8 WAIVER ORDERS’’ and inserting ‘‘, ORDERS, AND

9 OTHER FINAL AGENCY ACTIONS’’; and 

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

11 waiver under section 60118(c) or (d) of this title’’ 

12 and inserting ‘‘under this chapter’’. 

13 SEC. 3. PIPELINE DAMAGE PREVENTION. 

14 (a) MINIMUM STANDARDS FOR STATE ONE-CALL

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

16 to read as follows: 

17 ‘‘(a) MINIMUM STANDARDS.— 

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

19 grant under section 6106, a State one-call notifica20 tion program, at a minimum, shall provide for— 

21 ‘‘(A) appropriate participation by all un22 derground facility operators, including all gov23 ernment operators; 


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1 ‘‘(B) appropriate participation by all exca2 vators, including all government and contract 

3 excavators; and 

4 ‘‘(C) flexible and effective enforcement 

5 under State law with respect to participation in, 

6 and use of, one-call notification systems. 

7 ‘‘(2) EXEMPTIONS PROHIBITED.—In order to 

8 qualify for a grant under section 6106, a State one9 call notification program may not exempt munici10 palities, State agencies, or their contractors from its 

11 one-call notification system requirements.’’. 

12 (b) STATE DAMAGE PREVENTION PROGRAMS.—Sec13 tion 60134(a) is amended— 

14 (1) in paragraph (1) by striking ‘‘and’’ after 

15 the semicolon; 

16 (2) in paragraph (2)(B) by striking ‘‘(b).’’ and 

17 inserting ‘‘(b); and’’; and 

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

19 ‘‘(3) does not provide any exemptions to mu20 nicipalities, State agencies, or their contractors from 

21 its one-call notification system requirements.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall take effect 2 years after the date of en24 actment of this Act. 

25 (d) THIRD PARTY DAMAGE.— 


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1 (1) STUDY.—The Secretary of Transportation 

2 shall conduct a study on the impact of third party 

3 damage on pipeline safety. 

4 (2) CONTENTS.—The study shall include— 

5 (A) an analysis of the frequency and sever6 ity of different types of third party damage in7 cidents; 

8 (B) an analysis of exemptions to the one9 call notification system requirements in each 

10 State; 

11 (C) a comparison of exemptions to the one12 call notification system requirements in each 

13 State to the types of third party damage inci14 dents in that State; and 

15 (D) an analysis of the potential safety ben16 efits and adverse consequences of eliminating 

17 all exemptions for mechanized excavation from 

18 State one-call notification systems. 

19 (3) REPORT.—Not later than 2 years after the 

20 date of enactment of this Act, the Secretary shall 

21 submit to the House of Representatives Committee 

22 on Transportation and Infrastructure and Com23 mittee on Energy and Commerce and the Senate 

24 Committee on Commerce, Science, and Transpor25 tation a report on the results of the study. 


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1 SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF 

2 VALVES. 

3 Section 60102 is amended— 

4 (1) by striking subsection (j)(3); and 

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

6 ‘‘(n) AUTOMATIC AND REMOTE-CONTROLLED SHUT7 OFF VALVES FOR NEW TRANSMISSION PIPELINES.— 

8 ‘‘(1) IN GENERAL.—The Secretary may require 

9 by regulation, if determined appropriate by the Sec10 retary, the use of automatic or remote-controlled 

11 shut-off valves, or equivalent technology, where eco12 nomically, technically, and operationally feasible on 

13 transmission pipeline facilities constructed or en14 tirely replaced after the date on which the Secretary 

15 issues the final rule containing such requirement. 

16 ‘‘(2) FACTORS FOR CONSIDERATION.—In deter17 mining whether to proceed with a rulemaking under 

18 paragraph (1), the Secretary shall consider the fac19 tors specified in subsection (b)(2).’’. 

20 SEC. 5. INTEGRITY MANAGEMENT. 

21 (a) EVALUATION.—Not later than 2 years after the 

22 date of enactment of this Act, the Secretary of Transpor23 tation shall evaluate— 

24 (1) whether integrity management system re25 quirements, or elements thereof, should be expanded 

26 beyond high consequence areas; and 


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1 (2) with respect to gas transmission pipeline fa2 cilities, whether applying integrity management pro3 gram requirements, or elements thereof, to addi4 tional areas would mitigate the need for class loca5 tion requirements. 

6 (b) REPAIR CRITERIA.—In conducting the evaluation 

7 under subsection (a), the Secretary shall consider applying 

8 repair criteria, such as pressure reductions and special re9 quirements for scheduling remediation, to areas that are 

10 not high consequence areas. 

11 (c) REPORT.—Based on the evaluation to be con12 ducted under subsection (a), the Secretary shall submit 

13 to the House of Representatives Committee on Transpor14 tation and Infrastructure and Committee on Energy and 

15 Commerce and the Senate Committee on Commerce, 

16 Science, and Transportation a report containing the Sec17 retary’s analysis and findings regarding— 

18 (1) expansion of integrity management require19 ments, or elements thereof, beyond high consequence 

20 areas; and 

21 (2) with respect to gas transmission pipeline fa22 cilities, whether applying the integrity management 

23 program requirements, or elements thereof, to addi24 tional areas would mitigate the need for class loca25 tion requirements. 


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1 (d) DATA REPORTING.—The Secretary shall collect 

2 any relevant data necessary to complete the evaluation re3 quired by subsection (a). 

4 (e) TECHNICAL CORRECTION.—Section 

5 60109(c)(3)(B) is amended to read as follows: 

6 ‘‘(B) Subject to paragraph (5), periodic re7 assessments of the facility, at a minimum of 

8 once every 7 calendar years, using methods de9 scribed in subparagraph (A). Such deadline 

10 shall be extended for an additional 6 months if 

11 the operator submits written notice to the Sec12 retary that includes an explanation of the need 

13 for the extension.’’. 

14 (f) RULEMAKING REQUIREMENTS.— 

15 (1) REVIEW PERIOD DEFINED.—In this sub16 section, the term ‘‘review period’’ means the period 

17 beginning on the date of enactment of this Act and 

18 ending on the earlier of— 

19 (A) the date that is 1 year after the date 

20 of completion of the report under subsection 

21 (c); or 

22 (B) the date that is 3 years after the date 

23 of enactment of this Act. 

24 (2) CONGRESSIONAL AUTHORITY.—In order to 

25 provide Congress the necessary time to review the 


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1 results of the report required by subsection (c) and 

2 implement appropriate recommendations, the Sec3 retary shall not, during the review period, proceed 

4 with a rulemaking to prescribe regulations described 

5 in paragraph (3). 

6 (3) STANDARDS.—Following the review period, 

7 the Secretary may, as appropriate, prescribe regula8 tions that— 

9 (A) expand integrity management system 

10 requirements, or elements thereof, beyond high 

11 consequence areas; and 

12 (B) remove redundant class location re13 quirements for gas transmission pipeline facili14 ties that are regulated under an integrity man15 agement program adopted and implemented 

16 under section 60109(c)(2) of title 49, United 

17 States Code. 

18 (4) SAVINGS CLAUSE.— 

19 (A) IN GENERAL.—Notwithstanding any 

20 other provision of this subsection, the Sec21 retary, during the review period, may proceed 

22 to a rulemaking to prescribe regulations de23 scribed in paragraph (3), and may prescribe the 

24 regulations, if the Secretary determines that a 

25 condition that poses a risk to public safety, 


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1 property, or the environment is present or an 

2 imminent hazard exists and that the rule3 making will address the risk or hazard. 

4 (B) IMMINENT HAZARD DEFINED.—In 

5 subparagraph (A), the term ‘‘imminent hazard’’ 

6 means the existence of a condition related to 

7 pipelines or pipeline operations that presents a 

8 substantial likelihood that death, serious illness, 

9 severe personal injury, or substantial 

10 endangerment to health, property, or the envi11 ronment may occur. 

12 (g) REPORT TO CONGRESS ON RISK-BASED PIPE13 LINE REASSESSMENT INTERVALS.—Not later than 2 

14 years after the date of enactment of this Act, the Comp15 troller General of the United States shall evaluate— 

16 (1) whether risk-based reassessment intervals 

17 are a more effective alternative for managing risks 

18 to pipelines in high-consequence areas once baseline 

19 assessments are complete when compared to a 7- 

20 year reassessment interval; 

21 (2) the number of anomalies found in baseline 

22 assessments required under section 60109(c)(3)(A) 

23 of title 49, United States Code, as compared to the 

24 number of anomalies found in reassessments reVerDate Mar 15 2010 02:03 Dec 14, 2011 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2845.RDS H2845

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1 quired under section 60109(c)(3)(B) of such title; 

2 and 

3 (3) the progress made in incorporating the rec4 ommendations in GAO Report 06–945 and the cur5 rent relevance of recommendations not incorporated 

6 to date. 

7 (h) HIGH CONSEQUENCE AREA DEFINED.—In this 

8 section, the term ‘‘high consequence area’’ means an area 

9 described in section 60109(a) of title 49, United States 

10 Code. 

11 SEC. 6. PUBLIC EDUCATION AND AWARENESS. 

12 (a) NATIONAL PIPELINE MAPPING SYSTEM.— 

13 (1) MAP OF HIGH CONSEQUENCE AREAS.—The 

14 Secretary of Transportation shall— 

15 (A) maintain, as part of the National Pipe16 line Mapping System, a map of all designated 

17 high consequence areas (as described in section 

18 60109(a) of title 49, United States Code) in 

19 which pipelines are required to meet integrity 

20 management safety regulations, excluding any 

21 proprietary or sensitive security information; 

22 and 

23 (B) update the map biennially. 

24 (2) PROGRAM TO PROMOTE AWARENESS OF NA25 TIONAL PIPELINE MAPPING SYSTEM.—Not later 


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

2 the Secretary shall develop and implement a pro3 gram promoting greater awareness of the existence 

4 of the National Pipeline Mapping System to State 

5 and local emergency responders and other interested 

6 parties. The program shall include guidance on how 

7 to use the National Pipeline Mapping System to lo8 cate pipelines in communities and local jurisdictions. 

9 (b) INFORMATION TO EMERGENCY RESPONSE AGEN10 CIES.— 

11 (1) GUIDANCE.—Not later than 18 months 

12 after the date of enactment of this Act, the Sec13 retary shall issue guidance to owners and operators 

14 of pipeline facilities on the importance of providing 

15 system-specific information about their pipeline fa16 cilities to emergency response agencies of the com17 munities and jurisdictions in which those facilities 

18 are located. 

19 (2) CONSULTATION.—Before issuing guidance 

20 under paragraph (1), the Secretary shall consult 

21 with owners and operators of pipeline facilities to de22 termine the extent to which the owners and opera23 tors are already providing system-specific informa24 tion about their pipeline facilities to emergency re25 sponse agencies. 


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1 SEC. 7. CAST IRON GAS PIPELINES. 

2 (a) FOLLOW-UP SURVEYS.—Section 60108(d) is 

3 amended by adding at the end the following: 

4 ‘‘(4) Not later than December 31, 2012, and every 

5 2 years thereafter, the Secretary shall conduct a follow6 up survey to measure the progress that owners and opera7 tors of pipeline facilities have made in implementing their 

8 plans for the safe management and replacement of cast 

9 iron gas pipelines.’’. 

10 (b) STATUS REPORT.—Not later than December 31, 

11 2013, the Secretary of Transportation shall transmit to 

12 the House of Representatives Committee on Transpor13 tation and Infrastructure and Committee on Energy and 

14 Commerce and the Senate Committee on Commerce, 

15 Science, and Transportation a report that— 

16 (1) identifies the total mileage of cast iron gas 

17 pipelines in the United States; and 

18 (2) evaluates the progress that owners and op19 erators of pipeline facilities have made in imple20 menting their plans for the safe management and 

21 replacement of cast iron gas pipelines. 

22 SEC. 8. LEAK DETECTION. 

23 (a) LEAK DETECTION REPORT.— 

24 (1) IN GENERAL.—Not later than 1 year after 

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

26 Transportation shall submit to the Senate ComVerDate Mar 15 2010 02:03 Dec 14, 2011 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2845.RDS H2845

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1 mittee on Commerce, Science, and Transportation 

2 and the House of Representatives Committee on 

3 Transportation and Infrastructure and Committee 

4 on Energy and Commerce a report on leak detection 

5 systems utilized by operators of hazardous liquid 

6 pipeline facilities and transportation-related flow 

7 lines. 

8 (2) CONTENTS.—The report shall include— 

9 (A) an analysis of the technical limitations 

10 of current leak detection systems, including the 

11 systems’ ability to detect ruptures and small 

12 leaks that are ongoing or intermittent, and 

13 what can be done to foster development of bet14 ter technologies; and 

15 (B) an analysis of the feasibility of estab16 lishing technically, operationally, and economi17 cally feasible standards for the capability of 

18 such systems to detect leaks, and the safety 

19 benefits and adverse consequences of requiring 

20 operators to use leak detection systems. 

21 (b) RULEMAKING REQUIREMENTS.— 

22 (1) REVIEW PERIOD DEFINED.—In this sub23 section, the term ‘‘review period’’ means the period 

24 beginning on the date of enactment of this Act and 

25 ending on the earlier of— 


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1 (A) the date that is 1 year after the date 

2 of completion of the report under subsection 

3 (a); or 

4 (B) the date that is 2 years after the date 

5 of enactment of this Act. 

6 (2) CONGRESSIONAL AUTHORITY.—In order to 

7 provide Congress the necessary time to review the 

8 results of the report required by subsection (a) and 

9 implement appropriate recommendations, the Sec10 retary shall not, during the review period, proceed 

11 with a rulemaking to prescribe regulations described 

12 in paragraph (3). 

13 (3) STANDARDS.—Following the review period, 

14 the Secretary may, as appropriate, prescribe regula15 tions that— 

16 (A) require operators of hazardous liquid 

17 pipeline facilities to use leak detection systems; 

18 and 

19 (B) establish technically, operationally, and 

20 economically feasible standards for the capa21 bility of such systems to detect leaks. 

22 (4) SAVINGS CLAUSE.— 

23 (A) IN GENERAL.—Notwithstanding any 

24 other provision of this subsection, the Sec25 retary, during the review period, may proceed 


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1 to a rulemaking to prescribe regulations de2 scribed in paragraph (3), and may prescribe the 

3 regulations, if the Secretary determines that a 

4 condition that poses a risk to public safety, 

5 property, or the environment is present or an 

6 imminent hazard exists and that the rule7 making will address the risk or hazard. 

8 (B) IMMINENT HAZARD DEFINED.—In 

9 subparagraph (A), the term ‘‘imminent hazard’’ 

10 means the existence of a condition related to 

11 pipelines or pipeline operations that presents a 

12 substantial likelihood that death, serious illness, 

13 severe personal injury, or substantial 

14 endangerment to health, property, or the envi15 ronment may occur. 

16 SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION. 

17 (a) REVISION OF REGULATIONS.—Not later than 18 

18 months after the date of enactment of this Act, the Sec19 retary of Transportation shall revise regulations issued 

20 under sections 191.5 and 195.52 of title 49, Code of Fed21 eral Regulations, to establish specific time limits for tele22 phonic or electronic notice of accidents and incidents in23 volving pipeline facilities to the Secretary and the National 

24 Response Center. 


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1 (b) MINIMUM REQUIREMENTS.—In revising the regu2 lations, the Secretary, at a minimum, shall— 

3 (1) establish time limits for telephonic or elec4 tronic notification of an accident or incident to re5 quire such notification not less than 1 hour and not 

6 more than 2 hours after discovery of the accident or 

7 incident; 

8 (2) review procedures for owners and operators 

9 of pipeline facilities and the National Response Cen10 ter to provide thorough and coordinated notification 

11 to all relevant State and local emergency response 

12 officials, including 911 emergency call centers, for 

13 the jurisdictions in which those pipeline facilities are 

14 located in the event of an accident or incident, and 

15 revise such procedures as appropriate; and 

16 (3) require such owners and operators to revise 

17 their initial telephonic or electronic notice to the 

18 Secretary and the National Response Center with an 

19 estimated amount of the product released, an esti20 mated number of fatalities and injuries, if any, and 

21 any other information determined appropriate by the 

22 Secretary within 24 to 48 hours of the accident or 

23 incident, to the extent practicable. 

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1 sponse Center shall update the initial report on an acci2 dent or incident instead of generating a new report. 

3 SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY 

4 RESPONSE PLAN COMPLIANCE. 

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

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

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

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

9 Secretary of Transportation, or’’. 

10 (b) CONFORMING AMENDMENT.—Section 

11 311(b)(6)(A) of the Federal Water Pollution Control Act 

12 (33 U.S.C. 1321(b)(6)(A)) is amended by striking ‘‘oper13 ating or’’ and inserting ‘‘operating, the Secretary of 

14 Transportation, or’’. 

15 SEC. 11. TRANSPORTATION-RELATED OIL FLOW LINES. 

16 Section 60102, as amended by this Act, is further 

17 amended by adding at the end the following: 

18 ‘‘(o) TRANSPORTATION-RELATED OIL FLOW

19 LINES.— 

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

21 collect geospatial or technical data on transpor22 tation-related oil flow lines, including unregulated 

23 transportation-related oil flow lines. 

24 ‘‘(2) TRANSPORTATION-RELATED OIL FLOW

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1 portation-related oil flow line’ means a pipeline 

2 transporting oil off of the grounds of the well where 

3 it originated across areas not owned by the pro4 ducer, regardless of the extent to which the oil has 

5 been processed, if at all. 

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

7 authorizes the Secretary to prescribe standards for 

8 the movement of oil through production, refining, or 

9 manufacturing facilities, or through oil production 

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

11 SEC. 12. COST RECOVERY FOR DESIGN REVIEWS. 

12 (a) IN GENERAL.—Section 60117(n) is amended to 

13 read as follows: 

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

15 ‘‘(1) IN GENERAL.— 

16 ‘‘(A) REVIEW COSTS.—For any project de17 scribed in subparagraph (B), if the Secretary 

18 conducts facility design safety reviews in con19 nection with a proposal to construct, expand, or 

20 operate a new gas or hazardous liquid pipeline 

21 facility or liquefied natural gas pipeline facility, 

22 the Secretary may require the person proposing 

23 the project to pay the costs incurred by the Sec24 retary relating to such reviews. If the Secretary 

25 exercises the cost recovery authority described 


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1 in this subsection, the Secretary shall prescribe 

2 a fee structure and assessment methodology 

3 that is based on the costs of providing these re4 views and shall prescribe procedures to collect 

5 fees under this subsection. The Secretary shall 

6 not collect design safety review fees under this 

7 chapter and section 60301 for the same design 

8 safety review. 

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

10 Subparagraph (A) applies to any project that— 

11 ‘‘(i) has design and construction costs 

12 totaling at least $3,400,000,000, as ad13 justed for inflation, based on a good faith 

14 estimate developed by the person proposing 

15 the project; or 

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

17 design. 

18 ‘‘(2) NOTIFICATION.—For any new pipeline fa19 cility construction project for which the Secretary 

20 will conduct design reviews, the person proposing the 

21 project shall notify the Secretary and provide the de22 sign specifications, construction plans and proce23 dures, and related materials at least 120 days prior 

24 to the commencement of construction. If the Sec25 retary determines that the proposed design of the 


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1 project is inconsistent with pipeline safety, the Sec2 retary shall provide written comments, feedback, and 

3 guidance on the project on or before the 60th day 

4 following the date of receipt of the design specifica5 tions, construction plans and procedures, and related 

6 materials for the project. 

7 ‘‘(3) PIPELINE SAFETY DESIGN REVIEW

8 FUND.— 

9 ‘‘(A) ESTABLISHMENT.—There is estab10 lished a Pipeline Safety Design Review Fund in 

11 the Treasury of the United States. 

12 ‘‘(B) DEPOSITS.—The Secretary shall de13 posit funds paid under this subsection into the 

14 Fund. 

15 ‘‘(C) USE.—Amounts in the Fund shall be 

16 available to the Secretary, in amounts specified 

17 in appropriations Acts, to offset the costs of 

18 conducting facility design safety reviews under 

19 this subsection. 

20 ‘‘(4) NO ADDITIONAL PERMITTING AUTHOR21 ITY.—Nothing in this subsection shall be construed 

22 as authorizing the Secretary to require a person to 

23 obtain a permit before beginning design and con24 struction in connection with a project described in 

25 paragraph (1)(B).’’. 


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1 (b) GUIDANCE.—Not later than 1 year after the date 

2 of enactment of this Act, the Secretary of Transportation 

3 shall issue guidance to clarify the meaning of the term 

4 ‘‘new or novel technologies or design’’ as used in section 

5 60117(n) of title 49, United States Code, as amended by 

6 subsection (a) of this section. 

7 SEC. 13. BIOFUEL PIPELINES. 

8 Section 60101(a)(4) is amended— 

9 (1) in subparagraph (A) by striking ‘‘and’’ after 

10 the semicolon; 

11 (2) by redesignating subparagraph (B) as sub12 paragraph (C); and 

13 (3) by inserting after subparagraph (A) the fol14 lowing: 

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

16 biofuels, that are flammable, toxic, or corrosive 

17 or would be harmful to the environment if re18 leased in significant quantities; and’’. 

19 SEC. 14. CARBON DIOXIDE PIPELINES. 

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

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

22 ‘‘(1) MINIMUM SAFETY STANDARDS.—The Sec23 retary shall prescribe minimum safety standards for 

24 the transportation of carbon dioxide by pipeline in a 

25 gaseous state. 


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1 ‘‘(2) STANDARDS APPLICABLE TO CERTAIN

2 PIPELINES.—For pipelines that transport carbon di3 oxide in both a liquid and gaseous state, the Sec4 retary shall apply standards, in effect on the date of 

5 enactment of the Pipeline Safety, Regulatory Cer6 tainty, and Job Creation Act of 2011, for the trans7 portation of carbon dioxide by pipeline in a liquid 

8 state to the transportation of carbon dioxide by pipe9 line in a gaseous state.’’. 

10 SEC. 15. STUDY OF TRANSPORTATION OF DILUTED BITU11 MEN. 

12 Not later than 18 months after the date of enactment 

13 of this Act, the Secretary of Transportation shall complete 

14 a comprehensive review of hazardous liquid pipeline facil15 ity regulations to determine whether these regulations are 

16 sufficient to regulate pipeline facilities used for the trans17 portation of diluted bitumen. In conducting this review, 

18 the Secretary shall conduct an analysis of whether any in19 crease in risk of release exists for pipeline facilities trans20 porting diluted bitumen. The Secretary shall report the 

21 results of this review to the Senate Committee on Com22 merce, Science, and Transportation and the House of Rep23 resentatives Committee on Transportation and Infrastruc24 ture and Committee on Energy and Commerce. 


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1 SEC. 16. 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 facility for the purpose of identifying 

6 the extent to which pipeline facilities are currently being 

7 used to transport non-petroleum hazardous liquids, such 

8 as chlorine, from chemical production facilities across land 

9 areas not owned by the producer that are accessible to 

10 the public. The analysis should identify the extent to which 

11 the safety of the pipeline facilities is unregulated by the 

12 States and evaluate whether the transportation of such 

13 chemicals by pipeline facility across areas accessible to the 

14 public would present significant risks to public safety, 

15 property, or the environment in the absence of regulation. 

16 The results of the analysis shall be made available to the 

17 Senate Committee on Commerce, Science, and Transpor18 tation and the House of Representatives Committee on 

19 Transportation and Infrastructure and Committee on En20 ergy and Commerce. 

21 SEC. 17. CLARIFICATIONS. 

22 (a) AMENDMENT OF PROCEDURES CLARIFICA23 TION.—Section 60108(a)(1) is amended by striking ‘‘an 

24 intrastate’’ and inserting ‘‘a’’. 

25 (b) OWNER AND OPERATOR CLARIFICATION.—Sec26 tion 60102(a)(2)(A) is amended by striking ‘‘owners and 


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1 operators’’ and inserting ‘‘any or all of the owners or oper2 ators’’. 

3 SEC. 18. MAINTENANCE OF EFFORT. 

4 Section 60107(b) is amended by adding at the end 

5 the following: ‘‘For each of fiscal years 2012 and 2013, 

6 the Secretary shall grant such a wavier to a State if the 

7 State can demonstrate an inability to maintain or increase 

8 the required funding share of its pipeline safety program 

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

10 economic hardship in that State. For fiscal year 2014 and 

11 each fiscal year thereafter, the Secretary may grant such 

12 a waiver to a State if the State can make the demonstra13 tion described in the preceding sentence.’’. 

14 SEC. 19. ADMINISTRATIVE ENFORCEMENT PROCESS. 

15 (a) ISSUANCE OF REGULATIONS.— 

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

17 the date of enactment of this Act, the Secretary 

18 shall prescribe regulations— 

19 (A) requiring hearings under sections 

20 60112, 60117, 60118, and 60122 to be con21 vened before a presiding official; 

22 (B) providing the opportunity for any per23 son requesting a hearing under section 60112, 

24 60117, 60118, or 60122 to arrange for a tranVerDate Mar 15 2010 02:03 Dec 14, 2011 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2845.RDS H2845

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1 script of that hearing, at the expense of the re2 questing person; 

3 (C) ensuring expedited review of any order 

4 issued pursuant to section 60112(e); 

5 (D) implementing a separation of functions 

6 between personnel involved with investigative 

7 and prosecutorial activities and advising the 

8 Secretary on findings and determinations; and 

9 (E) prohibiting ex-parte communication 

10 relevant to the question to be decided in the 

11 case by parties to an investigation or hearing. 

12 (2) PRESIDING OFFICIAL.—The regulations pre13 scribed under this subsection shall— 

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

15 mean the person who conducts any hearing re16 lating to civil penalty assessments, compliance 

17 orders, safety orders, or corrective action or18 ders; and 

19 (B) require that the presiding official must 

20 be an attorney on the staff of the Deputy Chief 

21 Counsel that is not engaged in investigative or 

22 prosecutorial functions, including the prepara23 tion of notices of probable violations, notices re24 lating to civil penalty assessments, notices relatVerDate Mar 15 2010 02:03 Dec 14, 2011 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2845.RDS H2845

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1 ing to compliance, or notices of proposed cor2 rective actions. 

3 (3) EXPEDITED REVIEW.—The regulations pre4 scribed under this subsection shall define the term 

5 ‘‘expedited review’’ for the purposes of paragraph 

6 (1)(C). 

7 (b) STANDARDS OF JUDICIAL REVIEW.—Section 

8 60119(a) is amended by adding at the end the following 

9 new paragraph: 

10 ‘‘(3) A judicial review of agency action under this sec11 tion shall apply the standards of review established in sec12 tion 706 of title 5.’’. 

13 SEC. 20. GAS AND HAZARDOUS LIQUID GATHERING LINES. 

14 (a) REVIEW.—The Secretary of Transportation shall 

15 complete a review of existing Federal and State regula16 tions for gas and hazardous liquid gathering lines located 

17 onshore and offshore in the United States, including with18 in the inlets of the Gulf of Mexico. 

19 (b) REPORT TO CONGRESS.— 

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

21 the date of enactment of this Act, the Secretary 

22 shall submit to the House of Representatives Com23 mittee on Transportation and Infrastructure and 

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1 ate Committee on Commerce, Science, and Trans2 portation a report on the results of the review. 

3 (2) RECOMMENDATIONS.—The report shall in4 clude the Secretary’s recommendations with respect 

5 to— 

6 (A) the sufficiency of existing Federal and 

7 State laws and regulations to ensure the safety 

8 of gas and hazardous liquid gathering lines; 

9 (B) quantifying the economical and tech10 nical practicability and challenges of applying 

11 existing Federal regulations to gathering lines 

12 that are currently not subject to Federal regu13 lation when compared to the public safety bene14 fits; and 

15 (C) subject to a risk-based assessment, the 

16 need to modify or revoke existing exemptions 

17 from Federal regulation for gas and hazardous 

18 liquid gathering lines. 

19 SEC. 21. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) GAS AND HAZARDOUS LIQUID.—Section 

21 60125(a) is amended to read as follows: 

22 ‘‘(a) GAS AND HAZARDOUS LIQUID.— 

23 ‘‘(1) IN GENERAL.—To carry out the provisions 

24 of this chapter related to gas and hazardous liquid 

25 and section 12 of the Pipeline Safety Improvement 


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1 Act of 2002 (49 U.S.C. 60101 note; Public Law 

2 107–355), there is authorized to be appropriated to 

3 the Department of Transportation for each of fiscal 

4 years 2012 through 2015, from fees collected under 

5 section 60301, $88,014,000, of which $4,686,000 is 

6 for carrying out such section 12 and $34,461,000 is 

7 for making grants. 

8 ‘‘(2) TRUST FUND AMOUNTS.—In addition to 

9 the amounts authorized to be appropriated by para10 graph (1), there is authorized to be appropriated for 

11 each of fiscal years 2012 through 2015 from the Oil 

12 Spill Liability Trust Fund to carry out the provi13 sions of this chapter related to hazardous liquid and 

14 section 12 of the Pipeline Safety Improvement Act 

15 of 2002 (49 U.S.C. 60101 note; Public Law 107– 

16 355), $18,905,000, of which $2,185,000 is for car17 rying out such section 12 and $4,985,000 is for 

18 making grants.’’. 

19 (b) EMERGENCY RESPONSE GRANTS.—Section 

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

21 and inserting ‘‘2012 through 2015’’. 

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

23 6107 is amended— 

24 (1) in subsection (a) by striking ‘‘2007 through 

25 2010.’’ and inserting ‘‘2012 through 2015.’’; 


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1 (2) in subsection (b) by striking ‘‘2007 through 

2 2010.’’ and inserting ‘‘2012 through 2015.’’; 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 is 

7 authorized to be appropriated to the Secretary to provide 

8 grants under this section $1,500,000 for each of fiscal 

9 years 2012 through 2015. Such funds shall remain avail10 able until expended.’’. 

11 (e) COMMUNITY PIPELINE SAFETY INFORMATION

12 GRANTS.—Section 60130 is amended— 

13 (1) in subsection (b)— 

14 (A) by inserting ‘‘to grant recipients and 

15 their contractors’’ after ‘‘this section’’; and 

16 (B) by inserting ‘‘, for any type of advo17 cacy activity for or against a pipeline construc18 tion or expansion project,’’ after ‘‘for lobbying’’; 

19 and 

20 (2) in subsection (d) by striking ‘‘2010’’ and in21 serting ‘‘2015’’. 

22 (f) PIPELINE TRANSPORTATION RESEARCH AND DE23 VELOPMENT.—Section 12 of the Pipeline Safety Improve24 ment Act of 2002 (49 U.S.C. 60101 note) is amended— 


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1 (1) in subsection (d) by adding at the end the 

2 following: 

3 ‘‘(3) ONGOING PIPELINE TRANSPORTATION RE4 SEARCH AND DEVELOPMENT.— 

5 ‘‘(A) IN GENERAL.—After the initial 5- 

6 year program plan has been carried out by the 

7 participating agencies, the Secretary of Trans8 portation shall prepare a research and develop9 ment program plan every 5 years thereafter and 

10 shall transmit a report to Congress on the sta11 tus and results-to-date of implementation of the 

12 program every 2 years. 

13 ‘‘(B) CONSULTATION.—The Secretary of 

14 Transportation shall comply with the consulta15 tion requirements of subsection (d)(2) when 

16 preparing the program plan and in the selection 

17 and prioritization of research and development 

18 projects. 

19 ‘‘(C) FUNDING FROM NON-FEDERAL

20 SOURCES.—When carrying out research and de21 velopment activities, the Secretary, to the great22 est extent practicable, shall obtain funding for 

23 research and development projects from non24 Federal sources.’’; and 


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1 (2) in subsection (f) by striking ‘‘2003 through 

2 2006.’’ and inserting ‘‘2012 through 2015.’’. 

Passed the House of Representatives December 12, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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