‘‘(C) EFFECTIVE
PERIOD.—A waiver of 
one or more pipeline facility operating require-
ments shall be reviewed by the Secretary 5 
years after its effective date. In reviewing a 
waiver, the Secretary shall consider any change 
in ownership or control of the pipeline facility, 
any change in the conditions around the pipe-
line facility, and other factors as appropriate. 
The Secretary may modify, suspend, or revoke 
a waiver after such review in accordance with 
subparagraph (E). 
‘‘(D) PUBLIC NOTICE AND HEARING.—The 
Secretary may act on a waiver under this sub-
section only after public notice and an oppor-
tunity for a hearing, which may consist of pub-
lication of notice in the Federal Register that 
an application for a waiver has been filed and 
providing the public with the opportunity to re-
view and comment on the application. If a waiv-
er is granted, the Secretary shall state in the 
order and associated analysis the reasons for 
granting it. 
‘‘(E) NONCOMPLIANCE
AND
MODIFICA-
TION, SUSPENSION, OR REVOCATION.—After no-
tice to a holder of a waiver and opportunity to 
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show cause, the Secretary may modify, suspend, 
or revoke a waiver issued under this subsection 
for failure to comply with its terms or condi-
tions, intervening changes in Federal law, a ma-
terial change in circumstances affecting safety, 
including erroneous information in the applica-
tion, or any other reason. If necessary to avoid 
a significant risk of harm to persons, property, 
or the environment, the Secretary may waive 
the show cause procedure and make the action 
immediately effective.’’. 
(b) REGULATIONS; EFFECTIVE DATE.— 
(1) REGULATIONS.—Not later than 6 months 
after the date of enactment of this Act, the Sec-
retary shall publish a rule, after notice and an op-
portunity for comment, describing the additional fac-
tors the Secretary considers relevant under section 
60118(c)(1)(B)(iii) of title 49, United States Code, 
as amended by subsection (a) of this section. 
(2) EFFECTIVE DATE.—The requirements for 
consideration under section 60118(c)(1)(B) of title 
49, United States Code, as amended by subsection 
(a) of this section, shall not take effect until the 
date on which the Secretary publishes a rule under 
paragraph (1). 
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SEC. 19. BIOFUEL PIPELINES. 
Section 60101(a)(4) is amended— 
(1) by striking ‘‘and’’ after the semicolon in 
subparagraph (A); 
(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. 20. CARBON DIOXIDE PIPELINES. 
Section 60102(i) is amended to read as follows: 
‘‘(i) PIPELINES TRANSPORTING CARBON DIOXIDE.— 
The Secretary shall prescribe minimum safety standards 
for the transportation of carbon dioxide by pipeline in ei-
ther a liquid or gaseous state.’’. 
SEC. 21. STUDY OF THE TRANSPORTATION OF DILUTED BI-
TUMEN. 
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 facil-
ity regulations to determine whether these regulations are 
sufficient to regulate pipeline facilities used for the trans-
portation of diluted bitumen. In conducting this review, 
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the Secretary shall conduct an analysis of whether any in-
crease in risk of release exists for pipeline facilities trans-
porting diluted bitumen. The Secretary shall report the 
results of this review to the Senate Committee on Com-
merce, Science, and Transportation, and the House of 
Representatives Committee on Transportation and Infra-
structure and Committee on Energy and Commerce. 
SEC. 22. 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 
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 Committee on Commerce, Science, and Transpor-
tation and the House of Representatives Committee on 
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Transportation and Infrastructure and Committee on En-
ergy and Commerce. 
SEC. 23. CLARIFICATIONS. 
(a) AMENDMENT
OF
PROCEDURES
CLARIFICA-
TION.—Section 60108(a)(1) is amended by striking ‘‘an 
intrastate’’ and inserting ‘‘a’’. 
(b) OWNER AND OPERATOR CLARIFICATION.—Sec-
tion 60102(a)(2)(A) is amended by striking ‘‘owners and 
operators’’ and inserting ‘‘any or all of the owners or oper-
ators’’. 
SEC. 24. ADDITIONAL RESOURCES. 
(a) IN GENERAL.—To the extent funds are appro-
priated, the Secretary of Transportation shall increase the 
personnel of the Pipeline and Hazardous Materials Safety 
Administration by a total of 39 full-time employees to 
carry out the pipeline safety program and the administra-
tion of that program, of which— 
(1) 9 employees shall be added in fiscal year 
2011; 
(2) 10 employees shall be added in fiscal year 
2012; 
(3) 10 employees shall be added in fiscal year 
2013; and 
(4) 10 employees shall be added in fiscal year 
2014. 
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(b) FUNCTIONS.—In increasing the number of em-
ployees under subsection (a), the Secretary shall hire em-
ployees— 
(1) to conduct inspections of pipeline facilities 
to determine compliance with applicable regulations 
and standards; 
(2) to conduct data collection, analysis, and re-
porting; 
(3) to develop, implement, and update informa-
tion technology; 
(4) to provide administrative, legal, and other 
support for pipeline facility enforcement activities; 
and 
(5) to support the overall pipeline safety mis-
sion of the Pipeline and Hazardous Materials Safety 
Administration, including training of pipeline en-
forcement personnel. 
SEC. 25. MAINTENANCE OF EFFORT. 
Section 60107(b) is amended to read as follows: 
‘‘(b) PAYMENTS.—After notifying and consulting 
with a State authority, the Secretary may withhold any 
part of a payment when the Secretary decides that the 
authority is not carrying out satisfactorily a safety pro-
gram or not acting satisfactorily as an agent. The Sec-
retary may pay an authority under this section only when 
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the authority ensures the Secretary that it will provide the 
remaining costs of a safety program and that the total 
State amount spent for a safety program (excluding 
grants of the United States Government) will at least 
equal the average amount spent for gas and hazardous 
liquid safety programs for fiscal years 2004 through 2006, 
except when the Secretary waives the requirements of this 
subsection. The Secretary may grant such a waiver if a 
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 hardship in that State.’’. 
SEC. 26. ADMINISTRATIVE ENFORCEMENT PROCESS. 
(a) ISSUANCE OF REGULATIONS.— 
(1) IN
GENERAL.—Not later than two years 
after the date of enactment of this Act, the Sec-
retary shall prescribe regulations— 
(A) requiring hearings under sections 
60112, 60117, 60118, and 60122 to be con-
vened 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; 
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(C) ensuring expedited review of any order 
issued pursuant to section 60112(e); and 
(D) implementing a separation of functions 
between personnel involved with investigative 
and prosecutorial activities and advising the 
Secretary on findings and determinations. 
(2) PRESIDING OFFICIAL.—The regulations pre-
scribed under this subsection shall— 
(A) define the term ‘‘presiding official’’ to 
mean the person who conducts any hearing re-
lating to civil penalty assessments, compliance 
orders, safety orders, or corrective action or-
ders; and 
(B) require that the presiding official must 
be an attorney on the staff of the Deputy Chief 
Counsel that is not engaged in investigative or 
prosecutorial functions, including the prepara-
tion of notices of probable violations, orders re-
lating to civil penalty assessments, compliance 
orders, or corrective action orders. 
(3) EXPEDITED REVIEW.—The regulations pre-
scribed under this subsection shall define the term 
‘‘expedited review’’ for the purposes of paragraph 
(1)(C). 
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(b) STANDARDS
OF
JUDICIAL
REVIEW.—Section 
60119(a) is amended by adding at the end the following 
new paragraph: 
‘‘(3) All judicial review of agency action under this 
section shall apply the standards of review established in 
section 706 of title 5.’’. 
SEC. 27. MAXIMUM ALLOWABLE OPERATING PRESSURE. 
(a) ESTABLISHMENT OF RECORDS.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this Act, the Sec-
retary of Transportation shall require pipeline facil-
ity operators to conduct a verification of records for 
all interstate and intrastate gas transmission lines in 
class 3 and class 4 locations and class 1 and class 
2 high consequence areas (as described in section 
60109(a) of title 49, United States Code) con-
structed before July 1, 1970, that accurately reflect 
the pipeline’s physical and operational characteris-
tics and confirm the established maximum allowable 
operating pressure of those pipeline segments. 
(2) ELEMENTS.—Verification of each record 
under paragraph (1) shall include such elements as 
the Secretary considers appropriate. 
(b) REPORTING.— 
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(1) 
DOCUMENTATION
OF
CERTAIN
PIPE-
LINES.—Not later than 18 months after the date of 
enactment of this Act, pipeline facility operators 
shall submit to the Secretary documentation of all 
interstate and intrastate gas transmission pipelines 
in class 3 and class 4 locations and class 1 and class 
2 high consequence areas (as described in section 
60109(a) of title 49, United States Code) con-
structed before the July 1, 1970, where the records 
required under subsection (a) are not sufficient to 
confirm the established maximum allowable oper-
ating pressure of those pipeline segments. 
(2) EXCEEDENCES
OF
MAXIMUM
ALLOWABLE 
OPERATING PRESSURE.—All pipeline facility opera-
tors shall report any exceedence of the maximum al-
lowable operating pressure for gas transmission 
pipelines that exceed the build-up allowed for oper-
ation of pressure-limiting or control devices to the 
Secretary not later than 5 working days after the 
exceedence occurs. Notice of exceedence by intra-
state gas transmission pipelines shall be provided 
concurrently to appropriate State authorities. 
(c) DETERMINATION OF MAXIMUM ALLOWABLE OP-
ERATING PRESSURE.— 
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(1) IN GENERAL.—For any transmission line 
reported in subsection (b), the Secretary shall re-
quire the operator of the transmission line to recon-
firm a maximum allowable operational pressure as 
expeditiously as economically feasible. 
(2) INTERIM ACTIONS.—For cases described in 
paragraph (1), the Secretary shall determine what 
actions are appropriate for a pipeline facility oper-
ator to take to maintain safety until a maximum al-
lowable operating pressure is confirmed. In deter-
mining what actions an operator should take, the 
Secretary shall take into account consequences to 
public safety and the environment, impacts on pipe-
line facility system reliability and deliverability, and 
other factors, as appropriate. 
SEC. 28. COVER OVER BURIED PIPELINE. 
(a) AMENDMENT.—Chapter 601 is amended by add-
ing at the end the following: 
‘‘§ 60141. Cover over buried pipeline 
‘‘Not later than 1 year after the date of enactment 
of the Pipeline Infrastructure and Community Protection 
Act of 2011, the Secretary shall complete an evaluation 
to determine whether or not current regulations regarding 
cover over buried pipeline at crossings of inland bodies of 
water with a width of at least 100 feet from high water 
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mark to high water mark are sufficient to prevent a re-
lease of hazardous liquid.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 601 is amended by inserting after the item 
relating to section 60140 the following: 
‘‘60141. Cover over buried pipeline.’’. 
SEC. 29. ONSHORE GATHERING LINES. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary shall conduct a review of all on-
shore gas and hazardous liquid gathering lines not regu-
lated under title 49, United States Code, and submit a 
report based on such review to the Senate Committee on 
Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infra-
structure and Committee on Energy and Commerce con-
taining the Secretary’s recommendations with respect to— 
(1) the sufficiency of existing laws and regula-
tions to ensure pipeline safety; 
(2) the economical and technical practicability 
of applying existing regulations to currently unregu-
lated onshore gathering lines; and 
(3) the modification or revocation of existing 
statutory or regulatory exemptions. 
SEC. 30. AUTHORIZATION OF APPROPRIATIONS. 
(a) GAS AND HAZARDOUS LIQUID.— 
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(1) Section 60125(a)(1) is amended by striking 
subparagraphs (A) through (D) and inserting the 
following: 
‘‘(A) For fiscal year 2011, $92,206,000, of 
which $9,200,000 is for carrying out such sec-
tion 12 and $36,958,000 is for making grants. 
‘‘(B) For fiscal year 2012, $96,144,000, of 
which $9,600,000 for carrying out such section 
12 and $39,611,000 is for making grants. 
‘‘(C) For fiscal year 2013, $99,876,000, of 
which $9,900,000 is for carrying out such sec-
tion 12 and $41,148,000 is for making grants. 
‘‘(D) For fiscal year 2014, $102,807,000, 
of which $10,200,000 is for carrying out such 
section 12 and $42,356,000 is for making 
grants.’’. 
(2) Section 60125(a)(2) is amended by striking 
subparagraphs (A) through (D) and inserting the 
following: 
‘‘(A) For fiscal year 2011, $18,905,000, of 
which $7,562,000 is for carrying out such sec-
tion 12 and $7,864,000 is for making grants. 
‘‘(B) For fiscal year 2012, $19,661,000, of 
which $7,864,000 is for carrying out such sec-
tion 12 and $7,864,000 is for making grants. 
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‘‘(C) For fiscal year 2013, $20,000,000, of 
which $8,000,000 is for carrying out such sec-
tion 12 and $8,000,000 is for making grants. 
‘‘(D) For fiscal year 2014, $20,000,000, of 
which $8,000,000 is for carrying out such sec-
tion 12 and $8,000,000 is for making grants.’’. 
(b) 
EMERGENCY
RESPONSE
GRANTS.—Section 
60125(b)(2) is amended by striking ‘‘2007 through 2010’’ 
and inserting ‘‘2011 through 2014’’. 
(c) ONE-CALL NOTIFICATION PROGRAMS.—Section 
6107 is amended— 
(1) by striking ‘‘2007 through 2010.’’ in sub-
section (a) and inserting ‘‘2011 through 2014.’’; 
(2) by striking ‘‘2007 through 2010.’’ in sub-
section (b) and inserting ‘‘2011 through 2014.’’; and 
(3) by striking subsection (c). 
(d) STATE DAMAGE PREVENTION PROGRAMS.—Sec-
tion 60134 is amended by adding at the end the following: 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to pro-
vide grants under this section $2,000,000 for each of fiscal 
years 2011 through 2014. The funds shall remain avail-
able until expended.’’. 
(e) COMMUNITY PIPELINE SAFETY INFORMATION 
GRANTS.—Section 60130 is amended— 
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(1) by striking ‘‘$50,000’’ in subsection (a)(1) 
and inserting ‘‘$100,000’’; 
(2) by inserting ‘‘, for direct advocacy for or 
against a pipeline,’’ after ‘‘for lobbying’’ in sub-
section (b); and 
(3) by striking ‘‘$1,000,000 for each of the fis-
cal years 2003 through 2010. Such amounts shall 
not be derived from user fees collected under section 
60301.’’ in subsection (d) and inserting ‘‘$2,000,000 
for each of the fiscal years 2011 through 2014.’’. 
(f) PIPELINE TRANSPORTATION RESEARCH AND DE-
VELOPMENT.—Section 12 of the Pipeline Safety Improve-
ment Act of 2002 (49 U.S.C. 60101 note) is amended— 
(1) by adding at the end of subsection (d) the 
following: 
‘‘(3) ONGOING PIPELINE TRANSPORTATION RE-
SEARCH AND DEVELOPMENT.—After the initial 5- 
year program plan has been carried out by the par-
ticipating agencies, the Secretary of Transportation 
shall prepare a research and development program 
plan every 5 years thereafter and shall transmit a 
report to Congress on the status and results-to-date 
of implementation of the program each year that 
funds are appropriated for carrying out the plan.’’; 
and 
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(2) by striking ‘‘2003 through 2006.’’ in sub-
section (f) and inserting ‘‘2011 through 2014.’’. 
Æ 
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