IB 

Union Calendar No. 197 

112TH CONGRESS 

1ST SESSION H. R. 2845 

[Report No. 112–297, Part I] 

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 HOUSE OF REPRESENTATIVES 

SEPTEMBER 7, 2011 

Mr. SHUSTER (for himself and Mr. MICA) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure, and 

in addition to the Committee on Energy and Commerce, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

DECEMBER 1, 2011 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

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

DECEMBER 1, 2011 

The Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 

[For text of introduced bill, see copy of bill as introduced on September 7, 2011] 

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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. 

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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 provi13 sion, the reference shall be considered to be made to a section 

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

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

16 defined in chapter 601 of title 49, United States Code, shall 

17 have the meaning given that term in that chapter. 

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

19 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. 

Sec. 12. Cost recovery for design reviews. 

Sec. 13. Biofuel pipelines. 

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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 abil10 ity to pay,’’. 

11 (b) OPERATOR ASSISTANCE IN INVESTIGATIONS.—Sec12 tion 60118(e) is amended to read as follows: 

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

14 ‘‘(1) ASSISTANCE AND ACCESS.—If the Secretary 

15 or the National Transportation Safety Board inves16 tigates an accident involving a pipeline facility, the 

17 operator of the facility shall— 

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

19 Board all records and information that in any 

20 way pertain to the accident (including integrity 

21 management plans and test results); and 

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

2 investigation of the accident. 

3 ‘‘(2) OPERATOR ASSISTANCE IN INVESTIGA4 TIONS.— 

5 ‘‘(A) IN GENERAL.—The Secretary may im6 pose a civil penalty under section 60122 on a 

7 person who obstructs or prevents the Secretary 

8 from carrying out inspections or investigations 

9 under this chapter. 

10 ‘‘(B) DEFINITIONS.—In this paragraph, the 

11 following definitions apply: 

12 ‘‘(i) OBSTRUCTS.—The term ‘obstructs’ 

13 includes actions that were known, or rea14 sonably should have been known, to prevent, 

15 hinder, or impede an investigation without 

16 good cause. 

17 ‘‘(ii) GOOD CAUSE.—The term ‘good 

18 cause’ includes, at a minimum, restricting 

19 access to facilities that are not secure or safe 

20 for non-pipeline personnel or visitors.’’. 

21 (c) ADMINISTRATIVE PENALTY CAPS INAPPLICABLE.— 

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

23 following: ‘‘The maximum amount of civil penalties for ad24 ministrative enforcement actions under section 60122 shall 

25 not apply to enforcement actions under this section.’’. 

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1 (d) JUDICIAL REVIEW OF ADMINISTRATIVE ENFORCE2 MENT ORDERS.—Section 60119(a) is amended— 

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

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

5 OTHER FINAL AGENCY ACTIONS’’; and 

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

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

8 inserting ‘‘under this chapter’’. 

9 SEC. 3. PIPELINE DAMAGE PREVENTION. 

10 (a) MINIMUM STANDARDS FOR STATE ONE-CALL NO11 TIFICATION PROGRAMS.—Section 6103(a) is amended to 

12 read as follows: 

13 ‘‘(a) MINIMUM STANDARDS.— 

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

15 grant under section 6106, a State one-call notifica16 tion program, at a minimum, shall provide for— 

17 ‘‘(A) appropriate participation by all un18 derground facility operators, including all gov19 ernment operators; 

20 ‘‘(B) appropriate participation by all exca21 vators, including all government and contract 

22 excavators; and 

23 ‘‘(C) flexible and effective enforcement under 

24 State law with respect to participation in, and 

25 use of, one-call notification systems. 

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

2 qualify for a grant under section 6106, a State one3 call notification program may not exempt munici4 palities, State agencies, or their contractors from its 

5 one-call notification system requirements.’’. 

6 (b) STATE DAMAGE PREVENTION PROGRAMS.—Sec7 tion 60134(a) is amended— 

8 (1) in paragraph (1) by striking ‘‘and’’ after the 

9 semicolon; 

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

11 inserting ‘‘(b); and’’; and 

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

13 ‘‘(3) does not provide any exemptions to munici14 palities, State agencies, or their contractors from its 

15 one-call notification system requirements.’’. 

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

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

18 of this Act. 

19 (d) THIRD PARTY DAMAGE.— 

20 (1) STUDY.—The Secretary of Transportation 

21 shall conduct a study on the impact of third party 

22 damage on pipeline safety. 

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

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1 (A) an analysis of the frequency and sever2 ity of different types of third party damage inci3 dents; 

4 (B) an analysis of exemptions to the one5 call notification system requirements in each 

6 State; 

7 (C) a comparison of exemptions to the one8 call notification system requirements in each 

9 State to the types of third party damage inci10 dents in that State; and 

11 (D) an analysis of the potential safety bene12 fits and adverse consequences of eliminating all 

13 exemptions for mechanized excavation from State 

14 one-call notification systems. 

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

16 date of enactment of this Act, the Secretary shall sub17 mit to the House of Representatives Committee on 

18 Transportation and Infrastructure and Committee on 

19 Energy and Commerce and the Senate Committee on 

20 Commerce, Science, and Transportation a report on 

21 the results of the study. 

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

23 VALVES. 

24 Section 60102 is amended— 

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

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

2 ‘‘(n) AUTOMATIC AND REMOTE-CONTROLLED SHUT3 OFF VALVES FOR NEW TRANSMISSION PIPELINES.— 

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

5 by regulation, if determined appropriate by the Sec6 retary, the use of automatic or remote-controlled shut7 off valves, or equivalent technology, where economi8 cally, technically, and operationally feasible on trans9 mission pipeline facilities constructed or entirely re10 placed after the date on which the Secretary issues the 

11 final rule containing such requirement. 

12 ‘‘(2) FACTORS FOR CONSIDERATION.—In deter13 mining whether to proceed with a rulemaking under 

14 paragraph (1), the Secretary shall consider the factors 

15 specified in subsection (b)(2).’’. 

16 SEC. 5. INTEGRITY MANAGEMENT. 

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

18 date of enactment of this Act, the Secretary of Transpor19 tation shall evaluate— 

20 (1) whether integrity management system re21 quirements, or elements thereof, should be expanded 

22 beyond high consequence areas; and 

23 (2) with respect to gas transmission pipeline fa24 cilities, whether applying integrity management pro25 gram requirements, or elements thereof, to additional 

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1 areas would mitigate the need for class location re2 quirements. 

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

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

5 repair criteria, such as pressure reductions and special re6 quirements for scheduling remediation, to areas that are not 

7 high consequence areas. 

8 (c) REPORT.—Based on the evaluation to be conducted 

9 under subsection (a), the Secretary shall submit to the 

10 House of Representatives Committee on Transportation and 

11 Infrastructure and Committee on Energy and Commerce 

12 and the Senate Committee on Commerce, Science, and 

13 Transportation a report containing the Secretary’s analysis 

14 and findings regarding— 

15 (1) expansion of integrity management require16 ments, or elements thereof, beyond high consequence 

17 areas; and 

18 (2) with respect to gas transmission pipeline fa19 cilities, whether applying the integrity management 

20 program requirements, or elements thereof, to addi21 tional areas would mitigate the need for class location 

22 requirements. 

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

24 any relevant data necessary to complete the evaluation re25 quired by subsection (a). 

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1 (e) TECHNICAL CORRECTION.—Section 60109(c)(3)(B) 

2 is amended to read as follows: 

3 ‘‘(B) Subject to paragraph (5), periodic re4 assessments of the facility, at a minimum of once 

5 every 7 calendar years, using methods described 

6 in subparagraph (A). Such deadline shall be ex7 tended for an additional 6 months if the oper8 ator submits written notice to the Secretary that 

9 includes an explanation of the need for the exten10 sion.’’. 

11 (f) RULEMAKING REQUIREMENTS.— 

12 (1) REVIEW PERIOD DEFINED.—In this sub13 section, the term ‘‘review period’’ means the period 

14 beginning on the date of enactment of this Act and 

15 ending on the earlier of— 

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

17 completion of the report under subsection (c); or 

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

19 of enactment of this Act. 

20 (2) CONGRESSIONAL AUTHORITY.—In order to 

21 provide Congress the necessary time to review the re22 sults of the report required by subsection (c) and im23 plement appropriate recommendations, the Secretary 

24 shall not, during the review period, proceed with a 

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1 rulemaking to prescribe regulations described in para2 graph (3). 

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

4 the Secretary may, as appropriate, prescribe regula5 tions that— 

6 (A) expand integrity management system 

7 requirements, or elements thereof, beyond high 

8 consequence areas; and 

9 (B) remove redundant class location re10 quirements for gas transmission pipeline facili11 ties that are regulated under an integrity man12 agement program adopted and implemented 

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

14 States Code. 

15 (4) SAVINGS CLAUSE.— 

16 (A) IN GENERAL.—Notwithstanding any 

17 other provision of this subsection, the Secretary, 

18 during the review period, may proceed to a rule19 making to prescribe regulations described in 

20 paragraph (3), and may prescribe the regula21 tions, if the Secretary determines that a condi22 tion that poses a risk to public safety, property, 

23 or the environment is present or an imminent 

24 hazard exists and that the rulemaking will ad25 dress the risk or hazard. 

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1 (B) IMMINENT HAZARD DEFINED.—In sub2 paragraph (A), the term ‘‘imminent hazard’’ 

3 means the existence of a condition related to 

4 pipelines or pipeline operations that presents a 

5 substantial likelihood that death, serious illness, 

6 severe personal injury, or substantial 

7 endangerment to health, property, or the envi8 ronment may occur. 

9 (g) REPORT TO CONGRESS ON RISK-BASED PIPELINE

10 REASSESSMENT INTERVALS.—Not later than 2 years after 

11 the date of enactment of this Act, the Comptroller General 

12 of the United States shall evaluate— 

13 (1) whether risk-based reassessment intervals are 

14 a more effective alternative for managing risks to 

15 pipelines in high-consequence areas once baseline as16 sessments are complete when compared to a 7-year re17 assessment interval; 

18 (2) the number of anomalies found in baseline 

19 assessments required under section 60109(c)(3)(A) of 

20 title 49, United States Code, as compared to the num21 ber of anomalies found in reassessments required 

22 under section 60109(c)(3)(B) of such title; and 

23 (3) the progress made in incorporating the rec24 ommendations in GAO Report 06–945 and the curmstockstill on DSK4VPTVN1PROD with BILLS

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1 rent relevance of recommendations not incorporated to 

2 date. 

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

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

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

6 Code. 

7 SEC. 6. PUBLIC EDUCATION AND AWARENESS. 

8 (a) NATIONAL PIPELINE MAPPING SYSTEM.— 

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

10 Secretary of Transportation shall— 

11 (A) maintain, as part of the National Pipe12 line Mapping System, a map of all designated 

13 high consequence areas (as described in section 

14 60109(a) of title 49, United States Code) in 

15 which pipelines are required to meet integrity 

16 management safety regulations, excluding any 

17 proprietary or sensitive security information; 

18 and 

19 (B) update the map biennially. 

20 (2) PROGRAM TO PROMOTE AWARENESS OF NA21 TIONAL PIPELINE MAPPING SYSTEM.—Not later than 

22 1 year after the date of enactment of this Act, the Sec23 retary shall develop and implement a program pro24 moting greater awareness of the existence of the Na25 tional Pipeline Mapping System to State and local 

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1 emergency responders and other interested parties. 

2 The program shall include guidance on how to use the 

3 National Pipeline Mapping System to locate pipelines 

4 in communities and local jurisdictions. 

5 (b) INFORMATION TO EMERGENCY RESPONSE AGEN6 CIES.— 

7 (1) GUIDANCE.—Not later than 18 months after 

8 the date of enactment of this Act, the Secretary shall 

9 issue guidance to owners and operators of pipeline fa10 cilities on the importance of providing system-specific 

11 information about their pipeline facilities to emer12 gency response agencies of the communities and juris13 dictions in which those facilities are located. 

14 (2) CONSULTATION.—Before issuing guidance 

15 under paragraph (1), the Secretary shall consult with 

16 owners and operators of pipeline facilities to deter17 mine the extent to which the owners and operators are 

18 already providing system-specific information about 

19 their pipeline facilities to emergency response agen20 cies. 

21 SEC. 7. CAST IRON GAS PIPELINES. 

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

23 amended by adding at the end the following: 

24 ‘‘(4) Not later than December 31, 2012, and every 2 

25 years thereafter, the Secretary shall conduct a follow-up 

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1 survey to measure the progress that owners and operators 

2 of pipeline facilities have made in implementing their plans 

3 for the safe management and replacement of cast iron gas 

4 pipelines.’’. 

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

6 2013, the Secretary of Transportation shall transmit to the 

7 House of Representatives Committee on Transportation and 

8 Infrastructure and Committee on Energy and Commerce 

9 and the Senate Committee on Commerce, Science, and 

10 Transportation a report that— 

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

12 pipelines in the United States; and 

13 (2) evaluates the progress that owners and opera14 tors of pipeline facilities have made in implementing 

15 their plans for the safe management and replacement 

16 of cast iron gas pipelines. 

17 SEC. 8. LEAK DETECTION. 

18 (a) LEAK DETECTION REPORT.— 

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

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

21 Transportation shall submit to the Senate Committee 

22 on Commerce, Science, and Transportation and the 

23 House of Representatives Committee on Transpor24 tation and Infrastructure and Committee on Energy 

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1 lized by operators of hazardous liquid pipeline facili2 ties and transportation-related flow lines. 

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

4 (A) an analysis of the technical limitations 

5 of current leak detection systems, including the 

6 systems’ ability to detect ruptures and small 

7 leaks that are ongoing or intermittent, and what 

8 can be done to foster development of better tech9 nologies; and 

10 (B) an analysis of the feasibility of estab11 lishing technically, operationally, and economi12 cally feasible standards for the capability of such 

13 systems to detect leaks, and the safety benefits 

14 and adverse consequences of requiring operators 

15 to use leak detection systems. 

16 (b) RULEMAKING REQUIREMENTS.— 

17 (1) REVIEW PERIOD DEFINED.—In this sub18 section, the term ‘‘review period’’ means the period 

19 beginning on the date of enactment of this Act and 

20 ending on the earlier of— 

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

22 completion of the report under subsection (a); or 

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

24 of enactment of this Act. 

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1 (2) CONGRESSIONAL AUTHORITY.—In order to 

2 provide Congress the necessary time to review the re3 sults of the report required by subsection (a) and im4 plement appropriate recommendations, the Secretary 

5 shall not, during the review period, proceed with a 

6 rulemaking to prescribe regulations described in para7 graph (3). 

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

9 the Secretary may, as appropriate, prescribe regula10 tions that— 

11 (A) require operators of hazardous liquid 

12 pipeline facilities to use leak detection systems; 

13 and 

14 (B) establish technically, operationally, and 

15 economically feasible standards for the capability 

16 of such systems to detect leaks. 

17 (4) SAVINGS CLAUSE.— 

18 (A) IN GENERAL.—Notwithstanding any 

19 other provision of this subsection, the Secretary, 

20 during the review period, may proceed to a rule21 making to prescribe regulations described in 

22 paragraph (3), and may prescribe the regula23 tions, if the Secretary determines that a condi24 tion that poses a risk to public safety, property, 

25 or the environment is present or an imminent 

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1 hazard exists and that the rulemaking will ad2 dress the risk or hazard. 

3 (B) IMMINENT HAZARD DEFINED.—In sub4 paragraph (A), the term ‘‘imminent hazard’’ 

5 means the existence of a condition related to 

6 pipelines or pipeline operations that presents a 

7 substantial likelihood that death, serious illness, 

8 severe personal injury, or substantial 

9 endangerment to health, property, or the envi10 ronment may occur. 

11 SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION. 

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

13 months after the date of enactment of this Act, the Secretary 

14 of Transportation shall revise regulations issued under sec15 tions 191.5 and 195.52 of title 49, Code of Federal Regula16 tions, to establish specific time limits for telephonic or elec17 tronic notice of accidents and incidents involving pipeline 

18 facilities to the Secretary and the National Response Cen19 ter. 

20 (b) MINIMUM REQUIREMENTS.—In revising the regu21 lations, the Secretary, at a minimum, shall— 

22 (1) establish time limits for telephonic or elec23 tronic notification of an accident or incident to re24 quire such notification not less than 1 hour and not 

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1 more than 2 hours after discovery of the accident or 

2 incident; 

3 (2) review procedures for owners and operators 

4 of pipeline facilities and the National Response Cen5 ter to provide thorough and coordinated notification 

6 to all relevant State and local emergency response of7 ficials, including 911 emergency call centers, for the 

8 jurisdictions in which those pipeline facilities are lo9 cated in the event of an accident or incident, and re10 vise such procedures as appropriate; and 

11 (3) require such owners and operators to revise 

12 their initial telephonic or electronic notice to the Sec13 retary and the National Response Center with an es14 timated amount of the product released, an estimated 

15 number of fatalities and injuries, if any, and any 

16 other information determined appropriate by the Sec17 retary within 24 to 48 hours of the accident or inci18 dent, to the extent practicable. 

19 (c) UPDATING OF REPORTS.—After receiving revisions 

20 described in subsection (b)(3), the National Response Center 

21 shall update the initial report on an accident or incident 

22 instead of generating a new report. 

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1 SEC. 10. 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. 11. TRANSPORTATION-RELATED OIL FLOW LINES. 

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

14 amended by adding at the end the following: 

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

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

17 collect geospatial or technical data on transportation18 related oil flow lines, including unregulated transpor19 tation-related oil flow lines. 

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

21 DEFINED.—In this subsection, the term ‘transpor22 tation-related oil flow line’ means a pipeline trans23 porting oil off of the grounds of the well where it 

24 originated across areas not owned by the producer, re25 gardless of the extent to which the oil has been proc26 essed, if at all. 

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

2 authorizes the Secretary to prescribe standards for the 

3 movement of oil through production, refining, or 

4 manufacturing facilities, or through oil production 

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

6 SEC. 12. COST RECOVERY FOR DESIGN REVIEWS. 

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

8 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 connec14 tion with a proposal to construct, expand, or op15 erate a new gas or hazardous liquid pipeline fa16 cility or liquefied natural gas pipeline facility, 

17 the Secretary may require the person proposing 

18 the project to pay the costs incurred by the Sec19 retary relating to such reviews. If the Secretary 

20 exercises the cost recovery authority described in 

21 this subsection, the Secretary shall prescribe a fee 

22 structure and assessment methodology that is 

23 based on the costs of providing these reviews and 

24 shall prescribe procedures to collect fees under 

25 this subsection. The Secretary shall not collect 

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1 design safety review fees under this chapter and 

2 section 60301 for the same design safety review. 

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

4 Subparagraph (A) applies to any project that— 

5 ‘‘(i) has design and construction costs 

6 totaling at least $3,400,000,000, as adjusted 

7 for inflation, based on a good faith estimate 

8 developed by the person proposing the 

9 project; or 

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

11 design. 

12 ‘‘(2) NOTIFICATION.—For any new pipeline fa13 cility construction project for which the Secretary will 

14 conduct design reviews, the person proposing the 

15 project shall notify the Secretary and provide the de16 sign specifications, construction plans and proce17 dures, and related materials at least 120 days prior 

18 to the commencement of construction. If the Secretary 

19 determines that the proposed design of the project is 

20 inconsistent with pipeline safety, the Secretary shall 

21 provide written comments, feedback, and guidance on 

22 the project on or before the 60th day following the 

23 date of receipt of the design specifications, construc24 tion plans and procedures, and related materials for 

25 the project. 

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1 ‘‘(3) PIPELINE SAFETY DESIGN REVIEW FUND.— 

2 ‘‘(A) ESTABLISHMENT.—There is estab3 lished a Pipeline Safety Design Review Fund in 

4 the Treasury of the United States. 

5 ‘‘(B) DEPOSITS.—The Secretary shall de6 posit funds paid under this subsection into the 

7 Fund. 

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

9 available to the Secretary, in amounts specified 

10 in appropriations Acts, to offset the costs of con11 ducting facility design safety reviews under this 

12 subsection. 

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

14 Nothing in this subsection shall be construed as au15 thorizing the Secretary to require a person to obtain 

16 a permit before beginning design and construction in 

17 connection with a project described in paragraph 

18 (1)(B).’’. 

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

20 of enactment of this Act, the Secretary of Transportation 

21 shall issue guidance to clarify the meaning of the term ‘‘new 

22 or novel technologies or design’’ as used in section 60117(n) 

23 of title 49, United States Code, as amended by subsection 

24 (a) of this section. 

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1 SEC. 13. BIOFUEL PIPELINES. 

2 Section 60101(a)(4) is amended— 

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

4 the semicolon; 

5 (2) by redesignating subparagraph (B) as sub6 paragraph (C); and 

7 (3) by inserting after subparagraph (A) the fol8 lowing: 

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

10 biofuels, that are flammable, toxic, or corrosive 

11 or would be harmful to the environment if re12 leased in significant quantities; and’’. 

13 SEC. 14. CARBON DIOXIDE PIPELINES. 

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

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

16 ‘‘(1) MINIMUM SAFETY STANDARDS.—The Sec17 retary shall prescribe minimum safety standards for 

18 the transportation of carbon dioxide by pipeline in a 

19 gaseous state. 

20 ‘‘(2) STANDARDS APPLICABLE TO CERTAIN PIPE21 LINES.—For pipelines that transport carbon dioxide 

22 in both a liquid and gaseous state, the Secretary shall 

23 apply standards, in effect on the date of enactment of 

24 the Pipeline Safety, Regulatory Certainty, and Job 

25 Creation Act of 2011, for the transportation of carbon 

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1 tation of carbon dioxide by pipeline in a gaseous 

2 state.’’. 

3 SEC. 15. STUDY OF TRANSPORTATION OF DILUTED BITU4 MEN. 

5 Not later than 18 months after the date of enactment 

6 of this Act, the Secretary of Transportation shall complete 

7 a comprehensive review of hazardous liquid pipeline facility 

8 regulations to determine whether these regulations are suffi9 cient to regulate pipeline facilities used for the transpor10 tation of diluted bitumen. In conducting this review, the 

11 Secretary shall conduct an analysis of whether any increase 

12 in risk of release exists for pipeline facilities transporting 

13 diluted bitumen. The Secretary shall report the results of 

14 this review to the Senate Committee on Commerce, Science, 

15 and Transportation and the House of Representatives Com16 mittee on Transportation and Infrastructure and Com17 mittee on Energy and Commerce. 

18 SEC. 16. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS 

19 TRANSPORTED BY PIPELINE. 

20 The Secretary of Transportation may conduct an 

21 analysis of the transportation of non-petroleum hazardous 

22 liquids by pipeline facility for the purpose of identifying 

23 the extent to which pipeline facilities are currently being 

24 used to transport non-petroleum hazardous liquids, such as 

25 chlorine, from chemical production facilities across land 

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1 areas not owned by the producer that are accessible to the 

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

3 safety of the pipeline facilities is unregulated by the States 

4 and evaluate whether the transportation of such chemicals 

5 by pipeline facility across areas accessible to the public 

6 would present significant risks to public safety, property, 

7 or the environment in the absence of regulation. The results 

8 of the analysis shall be made available to the Senate Com9 mittee on Commerce, Science, and Transportation and the 

10 House of Representatives Committee on Transportation and 

11 Infrastructure and Committee on Energy and Commerce. 

12 SEC. 17. CLARIFICATIONS. 

13 (a) AMENDMENT OF PROCEDURES CLARIFICATION.— 

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

15 and inserting ‘‘a’’. 

16 (b) OWNER AND OPERATOR CLARIFICATION.—Section 

17 60102(a)(2)(A) is amended by striking ‘‘owners and opera18 tors’’ and inserting ‘‘any or all of the owners or operators’’. 

19 SEC. 18. MAINTENANCE OF EFFORT. 

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

21 following: ‘‘For each of fiscal years 2012 and 2013, the Sec22 retary shall grant such a wavier to a State if the State 

23 can demonstrate an inability to maintain or increase the 

24 required funding share of its pipeline safety program at or 

25 above the level required by this subsection due to economic 

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1 hardship in that State. For fiscal year 2014 and each fiscal 

2 year thereafter, the Secretary may grant such a waiver to 

3 a State if the State can make the demonstration described 

4 in the preceding sentence.’’. 

5 SEC. 19. ADMINISTRATIVE ENFORCEMENT PROCESS. 

6 (a) ISSUANCE OF REGULATIONS.— 

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

8 the date of enactment of this Act, the Secretary shall 

9 prescribe regulations— 

10 (A) requiring hearings under sections 

11 60112, 60117, 60118, and 60122 to be convened 

12 before a presiding official; 

13 (B) providing the opportunity for any per14 son requesting a hearing under section 60112, 

15 60117, 60118, or 60122 to arrange for a tran16 script of that hearing, at the expense of the re17 questing person; 

18 (C) ensuring expedited review of any order 

19 issued pursuant to section 60112(e); 

20 (D) implementing a separation of functions 

21 between personnel involved with investigative 

22 and prosecutorial activities and advising the 

23 Secretary on findings and determinations; and 

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1 (E) prohibiting ex-parte communication 

2 relevant to the question to be decided in the case 

3 by parties to an investigation or hearing. 

4 (2) PRESIDING OFFICIAL.—The regulations pre5 scribed under this subsection shall— 

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

7 mean the person who conducts any hearing relat8 ing to civil penalty assessments, compliance or9 ders, safety orders, or corrective action orders; 

10 and 

11 (B) require that the presiding official must 

12 be an attorney on the staff of the Deputy Chief 

13 Counsel that is not engaged in investigative or 

14 prosecutorial functions, including the prepara15 tion of notices of probable violations, notices re16 lating to civil penalty assessments, notices relat17 ing to compliance, or notices of proposed correc18 tive actions. 

19 (3) EXPEDITED REVIEW.—The regulations pre20 scribed under this subsection shall define the term 

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

22 (1)(C). 

23 (b) STANDARDS OF JUDICIAL REVIEW.—Section 

24 60119(a) is amended by adding at the end the following 

25 new paragraph: 

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1 ‘‘(3) A judicial review of agency action under this sec2 tion shall apply the standards of review established in sec3 tion 706 of title 5.’’. 

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

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

6 complete a review of existing Federal and State regulations 

7 for gas and hazardous liquid gathering lines located onshore 

8 and offshore in the United States, including within the in9 lets of the Gulf of Mexico. 

10 (b) REPORT TO CONGRESS.— 

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

12 the date of enactment of this Act, the Secretary shall 

13 submit to the House of Representatives Committee on 

14 Transportation and Infrastructure and Committee on 

15 Energy and Commerce and the Senate Committee on 

16 Commerce, Science, and Transportation a report on 

17 the results of the review. 

18 (2) RECOMMENDATIONS.—The report shall in19 clude the Secretary’s recommendations with respect 

20 to— 

21 (A) the sufficiency of existing Federal and 

22 State laws and regulations to ensure the safety 

23 of gas and hazardous liquid gathering lines; 

24 (B) quantifying the economical and tech25 nical practicability and challenges of applying 

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1 existing Federal regulations to gathering lines 

2 that are currently not subject to Federal regula3 tion when compared to the public safety benefits; 

4 and 

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

6 need to modify or revoke existing exemptions 

7 from Federal regulation for gas and hazardous 

8 liquid gathering lines. 

9 SEC. 21. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) GAS AND HAZARDOUS LIQUID.—Section 60125(a) 

11 is amended to read as follows: 

12 ‘‘(a) GAS AND HAZARDOUS LIQUID.— 

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

14 of this chapter related to gas and hazardous liquid 

15 and section 12 of the Pipeline Safety Improvement 

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

17 355), there is authorized to be appropriated to the De18 partment of Transportation for each of fiscal years 

19 2012 through 2015, from fees collected under section 

20 60301, $88,014,000, of which $4,686,000 is for car21 rying out such section 12 and $34,461,000 is for mak22 ing grants. 

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

24 amounts authorized to be appropriated by paragraph 

25 (1), there is authorized to be appropriated for each of 

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1 fiscal years 2012 through 2015 from the Oil Spill Li2 ability Trust Fund to carry out the provisions of this 

3 chapter related to hazardous liquid and section 12 of 

4 the Pipeline Safety Improvement Act of 2002 (49 

5 U.S.C. 60101 note; Public Law 107–355), 

6 $18,905,000, of which $2,185,000 is for carrying out 

7 such section 12 and $4,985,000 is for making 

8 grants.’’. 

9 (b) EMERGENCY RESPONSE GRANTS.—Section 

10 60125(b)(2) is amended by striking ‘‘2007 through 2010’’ 

11 and inserting ‘‘2012 through 2015’’. 

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

13 6107 is amended— 

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

15 2010.’’ and inserting ‘‘2012 through 2015.’’; 

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

17 2010.’’ and inserting ‘‘2012 through 2015.’’; and 

18 (3) by striking subsection (c). 

19 (d) STATE DAMAGE PREVENTION PROGRAMS.—Sec20 tion 60134 is amended by adding at the end the following: 

21 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to the Secretary to provide 

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

24 2012 through 2015. Such funds shall remain available until 

25 expended.’’. 

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1 (e) COMMUNITY PIPELINE SAFETY INFORMATION

2 GRANTS.—Section 60130 is amended— 

3 (1) in subsection (b)— 

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

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

6 (B) by inserting ‘‘, for any type of advocacy 

7 activity for or against a pipeline construction or 

8 expansion project,’’ after ‘‘for lobbying’’; and 

9 (2) in subsection (d) by striking ‘‘2010’’ and in10 serting ‘‘2015’’. 

11 (f) PIPELINE TRANSPORTATION RESEARCH AND DE12 VELOPMENT.—Section 12 of the Pipeline Safety Improve13 ment Act of 2002 (49 U.S.C. 60101 note) is amended— 

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

15 following: 

16 ‘‘(3) ONGOING PIPELINE TRANSPORTATION RE17 SEARCH AND DEVELOPMENT.— 

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

19 program plan has been carried out by the par20 ticipating agencies, the Secretary of Transpor21 tation shall prepare a research and development 

22 program plan every 5 years thereafter and shall 

23 transmit a report to Congress on the status and 

24 results-to-date of implementation of the program 

25 every 2 years. 

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

2 Transportation shall comply with the consulta3 tion requirements of subsection (d)(2) when pre4 paring the program plan and in the selection 

5 and prioritization of research and development 

6 projects. 

7 ‘‘(C) FUNDING FROM NON-FEDERAL

8 SOURCES.—When carrying out research and de9 velopment activities, the Secretary, to the great10 est extent practicable, shall obtain funding for 

11 research and development projects from non-Fed12 eral sources.’’; and 

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

14 2006.’’ and inserting ‘‘2012 through 2015.’’. 

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Union Calendar No. 197 

112TH CONGRESS 

1ST SESSION H. R. 2845 

[Report No. 112–297, Part I] 

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 

DECEMBER 1, 2011 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

DECEMBER 1, 2011 

The Committee on Energy and Commerce discharged; 

the State of the Union and ordered to be printed committed to the Committee of the Whole House on 

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