(2) CONGRESSIONAL
AUTHORITY.—In order to 
provide Congress the necessary time to review the re-
sults of the report required by subsection (a) and im-
plement appropriate recommendations, the Secretary 
shall not, during the review period, proceed with a 
rulemaking to prescribe regulations described in para-
graph (3). 
(3) STANDARDS.—Following the review period, 
the Secretary may, as appropriate, prescribe regula-
tions that— 
(A) require operators of hazardous liquid 
pipeline facilities to use leak detection systems; 
and 
(B) establish technically, operationally, and 
economically feasible standards for the capability 
of such systems to detect leaks. 
(4) SAVINGS CLAUSE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of this subsection, the Secretary, 
during the review period, may proceed to a rule-
making to prescribe regulations described in 
paragraph (3), and may prescribe the regula-
tions, if the Secretary determines that a condi-
tion that poses a risk to public safety, property, 
or the environment is present or an imminent 
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hazard exists and that the rulemaking will ad-
dress the risk or hazard. 
(B) IMMINENT HAZARD DEFINED.—In sub-
paragraph (A), the term ‘‘imminent hazard’’ 
means the existence of a condition related to 
pipelines or pipeline operations that presents a 
substantial likelihood that death, serious illness, 
severe 
personal 
injury, 
or 
substantial 
endangerment to health, property, or the envi-
ronment may occur. 
SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION. 
(a) REVISION OF REGULATIONS.—Not later than 18 
months after the date of enactment of this Act, the Secretary 
of Transportation shall revise regulations issued under sec-
tions 191.5 and 195.52 of title 49, Code of Federal Regula-
tions, to establish specific time limits for telephonic or elec-
tronic notice of accidents and incidents involving pipeline 
facilities to the Secretary and the National Response Cen-
ter. 
(b) MINIMUM REQUIREMENTS.—In revising the regu-
lations, the Secretary, at a minimum, shall— 
(1) establish time limits for telephonic or elec-
tronic notification of an accident or incident to re-
quire such notification not less than 1 hour and not 
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more than 2 hours after discovery of the accident or 
incident; 
(2) review procedures for owners and operators 
of pipeline facilities and the National Response Cen-
ter to provide thorough and coordinated notification 
to all relevant State and local emergency response of-
ficials, including 911 emergency call centers, for the 
jurisdictions in which those pipeline facilities are lo-
cated in the event of an accident or incident, and re-
vise such procedures as appropriate; and 
(3) require such owners and operators to revise 
their initial telephonic or electronic notice to the Sec-
retary and the National Response Center with an es-
timated amount of the product released, an estimated 
number of fatalities and injuries, if any, and any 
other information determined appropriate by the Sec-
retary within 24 to 48 hours of the accident or inci-
dent, to the extent practicable. 
(c) UPDATING OF REPORTS.—After receiving revisions 
described in subsection (b)(3), the National Response Center 
shall update the initial report on an accident or incident 
instead of generating a new report. 
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SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY 
RESPONSE PLAN COMPLIANCE. 
(a) IN GENERAL.—Subparagraphs (A) and (B) of sec-
tion 311(m)(2) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(m)(2)) are each amended by striking ‘‘Ad-
ministrator or’’ and inserting ‘‘Administrator, the Sec-
retary of Transportation, or’’. 
(b) CONFORMING AMENDMENT.—Section 311(b)(6)(A) 
of the Federal Water Pollution Control Act (33 U.S.C. 
1321(b)(6)(A)) is amended by striking ‘‘operating or’’ and 
inserting ‘‘operating, the Secretary of Transportation, or’’. 
SEC. 11. TRANSPORTATION-RELATED OIL FLOW LINES. 
Section 60102, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(o) TRANSPORTATION-RELATED OIL FLOW LINES.— 
‘‘(1) DATA
COLLECTION.—The Secretary may 
collect geospatial or technical data on transportation- 
related oil flow lines, including unregulated transpor-
tation-related oil flow lines. 
‘‘(2) TRANSPORTATION-RELATED OIL FLOW LINE 
DEFINED.—In this subsection, the term ‘transpor-
tation-related oil flow line’ means a pipeline trans-
porting oil off of the grounds of the well where it 
originated across areas not owned by the producer, re-
gardless of the extent to which the oil has been proc-
essed, if at all. 
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‘‘(3) LIMITATION.—Nothing in this subsection 
authorizes the Secretary to prescribe standards for the 
movement of oil through production, refining, or 
manufacturing facilities, or through oil production 
flow lines located on the grounds of wells.’’. 
SEC. 12. COST RECOVERY FOR DESIGN REVIEWS. 
(a) IN GENERAL.—Section 60117(n) is amended to 
read as follows: 
‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW COSTS.—For any project de-
scribed in subparagraph (B), if the Secretary 
conducts facility design safety reviews in connec-
tion with a proposal to construct, expand, or op-
erate a new gas or hazardous liquid pipeline fa-
cility or liquefied natural gas pipeline facility, 
the Secretary may require the person proposing 
the project to pay the costs incurred by the Sec-
retary relating to such reviews. If the Secretary 
exercises the cost recovery authority described in 
this subsection, the Secretary shall prescribe a fee 
structure and assessment methodology that is 
based on the costs of providing these reviews and 
shall prescribe procedures to collect fees under 
this subsection. The Secretary shall not collect 
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design safety review fees under this chapter and 
section 60301 for the same design safety review. 
‘‘(B) PROJECTS TO WHICH APPLICABLE.— 
Subparagraph (A) applies to any project that— 
‘‘(i) has design and construction costs 
totaling at least $3,400,000,000, as adjusted 
for inflation, based on a good faith estimate 
developed by the person proposing the 
project; or 
‘‘(ii) uses new or novel technologies or 
design. 
‘‘(2) NOTIFICATION.—For any new pipeline fa-
cility construction project for which the Secretary will 
conduct design reviews, the person proposing the 
project shall notify the Secretary and provide the de-
sign specifications, construction plans and proce-
dures, and related materials at least 120 days prior 
to the commencement of construction. If the Secretary 
determines that the proposed design of the project is 
inconsistent with pipeline safety, the Secretary shall 
provide written comments, feedback, and guidance on 
the project on or before the 60th day following the 
date of receipt of the design specifications, construc-
tion plans and procedures, and related materials for 
the project. 
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‘‘(3) PIPELINE SAFETY DESIGN REVIEW FUND.— 
‘‘(A) ESTABLISHMENT.—There is estab-
lished a Pipeline Safety Design Review Fund in 
the Treasury of the United States. 
‘‘(B) DEPOSITS.—The Secretary shall de-
posit funds paid under this subsection into the 
Fund. 
‘‘(C) USE.—Amounts in the Fund shall be 
available to the Secretary, in amounts specified 
in appropriations Acts, to offset the costs of con-
ducting facility design safety reviews under this 
subsection. 
‘‘(4) NO ADDITIONAL PERMITTING AUTHORITY.— 
Nothing in this subsection shall be construed as au-
thorizing the Secretary to require a person to obtain 
a permit before beginning design and construction in 
connection with a project described in paragraph 
(1)(B).’’. 
(b) GUIDANCE.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation 
shall issue guidance to clarify the meaning of the term ‘‘new 
or novel technologies or design’’ as used in section 60117(n) 
of title 49, United States Code, as amended by subsection 
(a) of this section. 
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SEC. 13. BIOFUEL PIPELINES. 
Section 60101(a)(4) is amended— 
(1) in subparagraph (A) by striking ‘‘and’’ after 
the semicolon; 
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(3) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) 
non-petroleum 
fuels, 
including 
biofuels, that are flammable, toxic, or corrosive 
or would be harmful to the environment if re-
leased in significant quantities; and’’. 
SEC. 14. CARBON DIOXIDE PIPELINES. 
Section 60102(i) is amended to read as follows: 
‘‘(i) PIPELINES TRANSPORTING CARBON DIOXIDE.— 
‘‘(1) MINIMUM
SAFETY
STANDARDS.—The Sec-
retary shall prescribe minimum safety standards for 
the transportation of carbon dioxide by pipeline in a 
gaseous state. 
‘‘(2) STANDARDS APPLICABLE TO CERTAIN PIPE-
LINES.—For pipelines that transport carbon dioxide 
in both a liquid and gaseous state, the Secretary shall 
apply standards, in effect on the date of enactment of 
the Pipeline Safety, Regulatory Certainty, and Job 
Creation Act of 2011, for the transportation of carbon 
dioxide by pipeline in a liquid state to the transpor-
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tation of carbon dioxide by pipeline in a gaseous 
state.’’. 
SEC. 15. STUDY OF TRANSPORTATION OF DILUTED BITU-
MEN. 
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 these regulations are suffi-
cient to regulate pipeline facilities used for the transpor-
tation of diluted bitumen. In conducting this review, the 
Secretary shall conduct an analysis of whether any increase 
in risk of release exists for pipeline facilities transporting 
diluted bitumen. The Secretary shall report the results of 
this review to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Com-
mittee on Transportation and Infrastructure and Com-
mittee on Energy and Commerce. 
SEC. 16. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS 
TRANSPORTED BY PIPELINE. 
The Secretary of Transportation may conduct an 
analysis of the transportation of non-petroleum hazardous 
liquids by pipeline facility for the purpose of identifying 
the extent to which pipeline facilities are currently being 
used to transport non-petroleum hazardous liquids, such as 
chlorine, from chemical production facilities across land 
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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 pipeline 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 made available to the Senate Com-
mittee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and 
Infrastructure and Committee on Energy and Commerce. 
SEC. 17. CLARIFICATIONS. 
(a) AMENDMENT OF PROCEDURES CLARIFICATION.— 
Section 60108(a)(1) is amended by striking ‘‘an intrastate’’ 
and inserting ‘‘a’’. 
(b) OWNER AND OPERATOR CLARIFICATION.—Section 
60102(a)(2)(A) is amended by striking ‘‘owners and opera-
tors’’ and inserting ‘‘any or all of the owners or operators’’. 
SEC. 18. MAINTENANCE OF EFFORT. 
Section 60107(b) is amended by adding at the end the 
following: ‘‘For each of fiscal years 2012 and 2013, the Sec-
retary shall grant such a wavier to a State if the State 
can demonstrate an inability to maintain or increase the 
required funding share of its pipeline safety program at or 
above the level required by this subsection due to economic 
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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. 19. 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 shall 
prescribe regulations— 
(A) requiring hearings under sections 
60112, 60117, 60118, and 60122 to be convened 
before a presiding official; 
(B) providing the opportunity for any per-
son requesting a hearing under section 60112, 
60117, 60118, or 60122 to arrange for a tran-
script of that hearing, at the expense of the re-
questing person; 
(C) ensuring expedited review of any order 
issued pursuant to section 60112(e); 
(D) implementing a separation of functions 
between personnel involved with investigative 
and prosecutorial activities and advising the 
Secretary on findings and determinations; and 
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