cally feasible standards for the capability of 
such systems to detect leaks, and the safety 
benefits and adverse consequences of requiring 
operators to use leak detection systems. 
(b) PROHIBITION.—Notwithstanding the authority of 
the Secretary under section 60102 of title 49, United 
States Code, the Secretary shall not issue regulations es-
tablishing standards for the capability of leak detection 
systems or requiring operators to use leak detection sys-
tems. 
SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION. 
(a) REVISION OF REGULATIONS.—Not later than 18 
months after the date of enactment of this Act, the Sec-
retary of Transportation shall revise regulations issued 
under sections 191.5 and 195.52 of title 49, Code of Fed-
eral Regulations, to establish specific time limits for tele-
phonic or electronic notice of accidents and incidents in-
volving pipeline facilities to the Secretary and the National 
Response Center. 
(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 
officials, including 911 emergency call centers, for 
the jurisdictions in which those pipeline facilities are 
located in the event of an accident or incident, and 
revise such procedures as appropriate; and 
(3) require such owners and operators to revise 
their initial telephonic or electronic notice to the 
Secretary and the National Response Center with an 
estimated amount of the product released, an esti-
mated number of fatalities and injuries, if any, and 
any other information determined appropriate by the 
Secretary within 24 to 48 hours of the accident or 
incident, to the extent practicable. 
(c) UPDATING OF REPORTS.—After receiving revi-
sions described in subsection (b)(3), the National Re-
sponse Center shall update the initial report on an acci-
dent 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 
section 311(m)(2) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(m)(2)) are each amended by striking 
‘‘Administrator or’’ and inserting ‘‘Administrator, the 
Secretary 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 ‘‘oper-
ating 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 transpor-
tation-related oil flow lines, including unregulated 
transportation-related oil flow lines. 
‘‘(2) TRANSPORTATION-RELATED
OIL
FLOW 
LINE DEFINED.—In this subsection, the term ‘trans-
portation-related oil flow line’ means a pipeline 
transporting oil off of the grounds of the well where 
it originated across areas not owned by the pro-
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ducer, regardless of the extent to which the oil has 
been processed, if at all. 
‘‘(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 con-
nection with a proposal to construct, expand, or 
operate a new gas or hazardous liquid pipeline 
facility 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 re-
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views and shall prescribe procedures to collect 
fees under this subsection. The Secretary shall 
not collect 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 ad-
justed 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 Sec-
retary determines that the proposed design of the 
project is inconsistent with pipeline safety, the Sec-
retary shall provide written comments, feedback, and 
guidance on the project on or before the 60th day 
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following the date of receipt of the design specifica-
tions, construction plans and procedures, and related 
materials for the project. 
‘‘(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 
conducting facility design safety reviews under 
this subsection. 
‘‘(4) NO
ADDITIONAL
PERMITTING
AUTHOR-
ITY.—Nothing in this subsection shall be construed 
as authorizing the Secretary to require a person to 
obtain a permit before beginning design and con-
struction 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 
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‘‘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. 
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 
PIPELINES.—For pipelines that transport carbon di-
oxide in both a liquid and gaseous state, the Sec-
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retary shall apply standards, in effect on the date of 
enactment of the Pipeline Safety, Regulatory Cer-
tainty, and Job Creation Act of 2011, for the trans-
portation of carbon dioxide by pipeline in a liquid 
state to the transportation of carbon dioxide by pipe-
line 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 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, 
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 Rep-
resentatives Committee on Transportation and Infrastruc-
ture and Committee 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 
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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 
Transportation and Infrastructure and Committee on En-
ergy and Commerce. 
SEC. 17. 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’’. 
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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 Secretary 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 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 demonstra-
tion 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 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; 
(C) ensuring expedited review of any order 
issued pursuant to section 60112(e); 
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(D) implementing a separation of functions 
between personnel involved with investigative 
and prosecutorial activities and advising the 
Secretary on findings and determinations; and 
(E) prohibiting ex-parte communication 
relevant to the question to be decided in the 
case by parties to an investigation or hearing. 
(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, notices re-
lating to civil penalty assessments, notices relat-
ing to compliance, or notices of proposed cor-
rective actions. 
(3) EXPEDITED REVIEW.—The regulations pre-
scribed under this subsection shall define the term 
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‘‘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 sec-
tion shall apply the standards of review established in sec-
tion 706 of title 5.’’. 
SEC. 20. GAS AND HAZARDOUS LIQUID GATHERING LINES. 
(a) REVIEW.—The Secretary of Transportation shall 
complete a review of existing Federal and State regula-
tions for gas and hazardous liquid gathering lines located 
onshore and offshore in the United States, including with-
in 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 House of Representatives Com-
mittee on Transportation and Infrastructure and 
Committee on Energy and Commerce and the Sen-
ate Committee on Commerce, Science, and Trans-
portation a report on the results of the review. 
(2) RECOMMENDATIONS.—The report shall in-
clude the Secretary’s recommendations with respect 
to— 
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(A) the sufficiency of existing Federal and 
State laws and regulations to ensure the safety 
of gas and hazardous liquid gathering lines; 
(B) quantifying the economical and tech-
nical practicability and challenges of applying 
existing Federal regulations to gathering lines 
that are currently not subject to Federal regu-
lation when compared to the public safety bene-
fits; and 
(C) subject to a risk-based assessment, the 
need to modify or revoke existing exemptions 
from Federal regulation for gas and hazardous 
liquid gathering lines. 
SEC. 21. AUTHORIZATION OF APPROPRIATIONS. 
(a) 
GAS
AND
HAZARDOUS
LIQUID.—Section 
60125(a) is amended to read as follows: 
‘‘(a) GAS AND HAZARDOUS LIQUID.— 
‘‘(1) IN GENERAL.—To carry out the provisions 
of this chapter related to gas and hazardous liquid 
and section 12 of the Pipeline Safety Improvement 
Act of 2002 (49 U.S.C. 60101 note; Public Law 
107–355), there is authorized to be appropriated to 
the Department of Transportation for each of fiscal 
years 2012 through 2015, from fees collected under 
section 60301, $88,014,000, of which $4,686,000 is 
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for carrying out such section 12 and $34,461,000 is 
for making grants. 
‘‘(2) TRUST FUND AMOUNTS.—In addition to 
the amounts authorized to be appropriated by para-
graph (1), there is authorized to be appropriated for 
each of fiscal years 2012 through 2015 from the Oil 
Spill Liability Trust Fund to carry out the provi-
sions of this chapter related to hazardous liquid and 
section 12 of the Pipeline Safety Improvement Act 
of 2002 (49 U.S.C. 60101 note; Public Law 107– 
355), $18,905,000, of which $2,185,000 is for car-
rying out such section 12 and $4,985,000 is for 
making grants.’’. 
(b) 
EMERGENCY
RESPONSE
GRANTS.—Section 
60125(b)(2) is amended by striking ‘‘2007 through 2010’’ 
and inserting ‘‘2012 through 2015’’. 
(c) ONE-CALL NOTIFICATION PROGRAMS.—Section 
6107 is amended— 
(1) in subsection (a) by striking ‘‘2007 through 
2010.’’ and inserting ‘‘2012 through 2015.’’; 
(2) in subsection (b) by striking ‘‘2007 through 
2010.’’ and inserting ‘‘2012 through 2015.’’; and 
(3) by striking subsection (c). 
(d) STATE DAMAGE PREVENTION PROGRAMS.—Sec-
tion 60134 is amended by adding at the end the following: 
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‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to provide 
grants under this section $1,500,000 for each of fiscal 
years 2012 through 2015. Such funds shall remain avail-
able until expended.’’. 
(e) COMMUNITY PIPELINE SAFETY INFORMATION 
GRANTS.—Section 60130 is amended— 
(1) in subsection (b)— 
(A) by inserting ‘‘to grant recipients and 
their contractors’’ after ‘‘this section’’; and 
(B) by inserting ‘‘, for any type of advo-
cacy activity for or against a pipeline construc-
tion or expansion project,’’ after ‘‘for lobbying’’; 
and 
(2) in subsection (d) by striking ‘‘2010’’ and in-
serting ‘‘2015’’. 
(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) in subsection (d) by adding at the end the 
following: 
‘‘(3) ONGOING PIPELINE TRANSPORTATION RE-
SEARCH AND DEVELOPMENT.— 
‘‘(A) IN
GENERAL.—After the initial 5- 
year program plan has been carried out by the 
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participating agencies, the Secretary of Trans-
portation shall prepare a research and develop-
ment program plan every 5 years thereafter and 
shall transmit a report to Congress on the sta-
tus and results-to-date of implementation of the 
program every 2 years. 
‘‘(B) CONSULTATION.—The Secretary of 
Transportation shall comply with the consulta-
tion requirements of subsection (d)(2) when 
preparing the program plan and in the selection 
and prioritization of research and development 
projects. 
‘‘(C) 
FUNDING
FROM
NON-FEDERAL 
SOURCES.—When carrying out research and de-
velopment activities, the Secretary, to the great-
est extent practicable, shall obtain funding for 
research and development projects from non- 
Federal sources.’’; and 
(2) in subsection (f) by striking ‘‘2003 through 
2006.’’ and inserting ‘‘2012 through 2015.’’. 
Æ 
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