H. R. 2845—12 
(3) by inserting after subparagraph (A) the following: 
‘‘(B) nonpetroleum fuel, including biofuel, that is flam-
mable, toxic, or corrosive or would be harmful to the 
environment if released in significant quantities; and’’. 
SEC. 15. CARBON DIOXIDE PIPELINES. 
Section 60102(i) is amended— 
(1) by striking ‘‘The Secretary shall regulate’’ and inserting 
the following: 
‘‘(1) TRANSPORTATION IN LIQUID STATE.—The Secretary shall 
regulate’’. 
(2) by adding at the end the following new paragraph: 
‘‘(2) TRANSPORTATION IN GASEOUS STATE.— 
‘‘(A) MINIMUM SAFETY STANDARDS.—The Secretary shall 
prescribe minimum safety standards for the transportation 
of carbon dioxide by pipeline in a gaseous state. 
‘‘(B) CONSIDERATIONS.—In establishing the standards, 
the Secretary shall consider whether applying the min-
imum safety standards in part 195 of title 49, Code of 
Federal Regulations, as in effect on the date of enactment 
of this paragraph, for the transportation of carbon dioxide 
in a liquid state to the transportation of carbon dioxide 
in a gaseous state would ensure safety. 
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUCTION.—Nothing 
in this subsection authorizes the Secretary to regulate piping 
or equipment used in the production, extraction, recovery, 
lifting, stabilization, separation, or treatment of carbon dioxide 
or the preparation of carbon dioxide for transportation by pipe-
line at production, refining, or manufacturing facilities.’’. 
SEC. 16. STUDY OF TRANSPORTATION OF DILUTED BITUMEN. 
Not later than 18 months after the date of enactment of this 
Act, the Secretary of Transportation shall complete a comprehensive 
review of hazardous liquid pipeline facility regulations to determine 
whether the regulations are sufficient to regulate pipeline facilities 
used for the transportation of diluted bitumen. In conducting the 
review, the Secretary shall conduct an analysis of whether any 
increase in the risk of a release exists for pipeline facilities trans-
porting diluted bitumen. The Secretary shall report the results 
of the review to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation 
and Infrastructure and the Committee on Energy and Commerce 
of the House of Representatives. 
SEC. 17. STUDY OF NONPETROLEUM HAZARDOUS LIQUIDS TRANS-
PORTED BY PIPELINE. 
The Secretary of Transportation may conduct an analysis of 
the transportation of nonpetroleum hazardous liquids by pipeline 
facility for the purpose of identifying the extent to which pipeline 
facilities are currently being used to transport nonpetroleum haz-
ardous liquids, such as chlorine, from chemical production facilities 
across land areas not owned by the producer that are accessible 
to the public. The analysis should identify the extent to which 
the safety of the pipeline facilities is unregulated by the States 
and evaluate whether the transportation of such chemicals by pipe-
line facility across areas accessible to the public would present 
significant risks to public safety, property, or the environment in 
the absence of regulation. The results of the analysis shall be
H. R. 2845—13 
made available to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation 
and Infrastructure and the Committee on Energy and Commerce 
of the House of Representatives. 
SEC. 18. CLARIFICATIONS. 
(a) INSPECTION
AND
MAINTENANCE.—Section 60108(a)(1) is 
amended by striking ‘‘an intrastate’’ and inserting ‘‘a’’. 
(b) OWNER AND OPERATOR.—Section 60102(a)(2)(A) is amended 
by striking ‘‘owners and operators’’ and inserting ‘‘any or all of 
the owners or operators’’. 
SEC. 19. MAINTENANCE OF EFFORT. 
Section 60107(b) is amended by adding at the end the following: 
‘‘For each of fiscal years 2012 and 2013, the Secretary shall grant 
such a waiver to a State if the State can demonstrate an inability 
to maintain or increase the required funding share of its safety 
program at or above the level required by this subsection due 
to economic hardship in that State. For fiscal year 2014, and each 
fiscal year thereafter, the Secretary may grant such a waiver to 
a State if the State can make the demonstration described in 
the preceding sentence.’’. 
SEC. 20. ADMINISTRATIVE ENFORCEMENT PROCESS. 
(a) ISSUANCE OF REGULATIONS.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Secretary of Transportation shall 
issue regulations— 
(A) requiring hearings under sections 60112, 60117, 
60118, and 60122 of title 49, United States Code, to be 
convened before a presiding official; 
(B) providing the opportunity for any person requesting 
a hearing under section 60112, 60117, 60118, or 60122 
of such title to arrange for a transcript of the hearing, 
at the expense of the requesting person; 
(C) ensuring expedited review of any order issued 
pursuant to section 60112(e) of such title; 
(D) implementing a separation of functions between 
personnel involved with the investigation and prosecution 
of an enforcement case and advising the Secretary on 
findings and determinations; and 
(E) prohibiting ex-parte communication relevant to the 
question to be decided in such a case by parties to an 
investigation or hearing. 
(2) PRESIDING OFFICIAL.—The regulations issued under this 
subsection shall— 
(A) define the term ‘‘presiding official’’ to mean the 
person who conducts any hearing relating to civil penalty 
assessments, compliance orders, safety orders, or corrective 
action orders; and 
(B) require that the presiding official be an attorney 
on the staff of the Deputy Chief Counsel of the Pipeline 
and Hazardous Materials Safety Administration that is 
not engaged in investigative or prosecutorial functions, 
including the preparation of notices of probable violations, 
notices relating to civil penalty assessments, notices 
relating to compliance, or notices of proposed corrective 
actions.
H. R. 2845—14 
(3) EXPEDITED REVIEW.—The regulations issued under this 
subsection shall define the term ‘‘expedited review’’ for the 
purposes of paragraph (1)(C). 
(b) STANDARDS
OF
JUDICIAL
REVIEW.—Section 60119(a) is 
amended by adding at the end the following new paragraph: 
‘‘(3) A judicial review of agency action under this section shall 
apply the standards of review established in section 706 of title 
5.’’. 
SEC. 21. GAS AND HAZARDOUS LIQUID GATHERING LINES. 
(a) REVIEW.—The Secretary of Transportation shall conduct 
a review of existing Federal and State regulations for gas and 
hazardous liquid gathering lines located onshore and offshore in 
the United States, including within the inlets of the Gulf of Mexico. 
(b) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to the 
Committee on Transportation and Infrastructure and the Com-
mittee on Energy and Commerce of the House of Representa-
tives and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the review. 
(2) RECOMMENDATIONS.—The report shall include the Sec-
retary’s recommendations with respect to— 
(A) the sufficiency of existing Federal and State laws 
and regulations to ensure the safety of gas and hazardous 
liquid gathering lines; 
(B) the economic impacts, technical practicability, and 
challenges of applying existing Federal regulations to gath-
ering lines that are not currently subject to Federal regula-
tion when compared to the public safety benefits; and 
(C) subject to a risk-based assessment, the need to 
modify or revoke existing exemptions from Federal regula-
tion for gas and hazardous liquid gathering lines. 
(c) OFFSHORE GATHERING LINES.—Section 60108(c) is amended 
by adding at the end the following: 
‘‘(8) If, after reviewing existing Federal and State regulations 
for hazardous liquid gathering lines located offshore in the United 
States, including within the inlets of the Gulf of Mexico, the Sec-
retary determines it is appropriate, the Secretary shall issue regula-
tions, after notice and an opportunity for a hearing, subjecting 
offshore hazardous liquid gathering lines and hazardous liquid gath-
ering lines located within the inlets of the Gulf of Mexico to the 
same standards and regulations as other hazardous liquid gathering 
lines. The regulations issued under this paragraph shall not apply 
to production pipelines or flow lines.’’. 
SEC. 22. EXCESS FLOW VALVES. 
Section 60109(e)(3) is amended— 
(1) by redesignating subparagraph (B) as subparagraph 
(C); and 
(2) by inserting after subparagraph (A) the following: 
‘‘(B) DISTRIBUTION
BRANCH
SERVICES, MULTIFAMILY 
FACILITIES, AND SMALL COMMERCIAL FACILITIES.—Not later 
than 2 years after the date of enactment of the Pipeline 
Safety, Regulatory Certainty, and Job Creation Act of 2011, 
and after issuing a final report on the evaluation of the 
National Transportation Safety Board’s recommendation 
on excess flow valves in applications other than service
H. R. 2845—15 
lines serving one single family residence, the Secretary, 
if appropriate, shall by regulation require the use of excess 
flow valves, or equivalent technology, where economically, 
technically, and operationally feasible on new or entirely 
replaced distribution branch services, multifamily facilities, 
and small commercial facilities.’’. 
SEC. 23. MAXIMUM ALLOWABLE OPERATING PRESSURE. 
(a) IN GENERAL.—Chapter 601, as amended by this Act, is 
further amended by adding at the end the following: 
‘‘§ 60139. Maximum allowable operating pressure 
‘‘(a) VERIFICATION OF RECORDS.— 
‘‘(1) IN GENERAL.—The Secretary of Transportation shall 
require each owner or operator of a pipeline facility to conduct, 
not later than 6 months after the date of enactment of this 
section, a verification of the records of the owner or operator 
relating to the interstate and intrastate gas transmission pipe-
lines of the owner or operator in class 3 and class 4 locations 
and class 1 and class 2 high-consequence areas. 
‘‘(2) PURPOSE.—The purpose of the verification shall be 
to ensure that the records accurately reflect the physical and 
operational characteristics of the pipelines described in para-
graph (1) and confirm the established maximum allowable oper-
ating pressure of the pipelines. 
‘‘(3) ELEMENTS.—The verification process under this sub-
section shall include such elements as the Secretary considers 
appropriate. 
‘‘(b) REPORTING.— 
‘‘(1) DOCUMENTATION
OF
CERTAIN
PIPELINES.—Not later 
than 18 months after the date of enactment of this section, 
each owner or operator of a pipeline facility shall identify 
and submit to the Secretary documentation relating to each 
pipeline segment of the owner or operator described in sub-
section (a)(1) for which the records of the owner or operator 
are insufficient to confirm the established maximum allowable 
operating pressure of the segment. 
‘‘(2) EXCEEDANCES
OF
MAXIMUM
ALLOWABLE
OPERATING 
PRESSURE.—If there is an exceedance of the maximum allowable 
operating pressure with respect to a gas transmission pipeline 
of an owner or operator of a pipeline facility that exceeds 
the build-up allowed for operation of pressure-limiting or control 
devices, the owner or operator shall report the exceedance 
to the Secretary and appropriate State authorities on or before 
the 5th day following the date on which the exceedance occurs. 
‘‘(c) DETERMINATION OF MAXIMUM ALLOWABLE OPERATING PRES-
SURE.— 
‘‘(1) IN GENERAL.—In the case of a transmission line of 
an owner or operator of a pipeline facility identified under 
subsection (b)(1), the Secretary shall— 
‘‘(A) require the owner or operator to reconfirm a max-
imum allowable operating pressure as expeditiously as 
economically feasible; and 
‘‘(B) determine what actions are appropriate for the 
pipeline owner or operator to take to maintain safety until 
a maximum allowable operating pressure is confirmed.