II 
112TH CONGRESS 
1ST SESSION H. R. 2845 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 13, 2011 
Received 
AN ACT 
To amend title 49, United States Code, to provide for en-
hanced safety and environmental protection in pipeline 
transportation, to provide for enhanced reliability in the 
transportation of the Nation’s energy products by pipe-
line, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, 
UNITED STATES CODE; DEFINITIONS; TABLE 
OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Pipeline Safety, Regulatory Certainty, and Job Creation 
Act of 2011’’. 
(b) AMENDMENT
OF TITLE 49, UNITED STATES 
CODE.—Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 49, United States 
Code. 
(c) DEFINITIONS.—Any term used in this Act that 
is defined in chapter 601 of title 49, United States Code, 
shall have the meaning given that term in that chapter. 
(d) TABLE OF CONTENTS.—The table of contents for 
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. 
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Sec. 12. Cost recovery for design reviews. 
Sec. 13. Biofuel pipelines. 
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. 
SEC. 2. CIVIL PENALTIES. 
(a) GENERAL
PENALTIES; PENALTY
CONSIDER-
ATIONS.—Section 60122 is amended— 
(1) in subsection (a)(1)— 
(A) in the first sentence by striking 
‘‘$100,000’’ and inserting ‘‘$175,000’’; and 
(B) in the last sentence by striking 
‘‘$1,000,000’’ and inserting ‘‘$1,750,000’’; and 
(2) in subsection (b)(1)(B) by striking ‘‘the 
ability to pay,’’. 
(b) OPERATOR ASSISTANCE IN INVESTIGATIONS.— 
Section 60118(e) is amended to read as follows: 
‘‘(e) OPERATOR ASSISTANCE IN INVESTIGATIONS.— 
‘‘(1) ASSISTANCE
AND
ACCESS.—If the Sec-
retary or the National Transportation Safety Board 
investigates an accident involving a pipeline facility, 
the operator of the facility shall— 
‘‘(A) make available to the Secretary or 
the Board all records and information that in 
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any way pertain to the accident (including in-
tegrity management plans and test results); and 
‘‘(B) afford all reasonable assistance in the 
investigation of the accident. 
‘‘(2) OPERATOR
ASSISTANCE
IN
INVESTIGA-
TIONS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
impose a civil penalty under section 60122 on 
a person who obstructs or prevents the Sec-
retary from carrying out inspections or inves-
tigations under this chapter. 
‘‘(B) DEFINITIONS.—In this paragraph, 
the following definitions apply: 
‘‘(i) 
OBSTRUCTS.—The 
term 
‘ob-
structs’ includes actions that were known, 
or reasonably should have been known, to 
prevent, hinder, or impede an investigation 
without good cause. 
‘‘(ii) GOOD CAUSE.—The term ‘good 
cause’ includes, at a minimum, restricting 
access to facilities that are not secure or 
safe for non-pipeline personnel or visi-
tors.’’. 
(c) ADMINISTRATIVE
PENALTY
CAPS
INAPPLI-
CABLE.—Section 60120(a)(1) is amended by adding at the 
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end the following: ‘‘The maximum amount of civil pen-
alties for administrative enforcement actions under section 
60122 shall not apply to enforcement actions under this 
section.’’. 
(d) JUDICIAL REVIEW
OF ADMINISTRATIVE EN-
FORCEMENT ORDERS.—Section 60119(a) is amended— 
(1) in the subsection heading by striking ‘‘AND 
WAIVER ORDERS’’ and inserting ‘‘, ORDERS, AND 
OTHER FINAL AGENCY ACTIONS’’; and 
(2) by striking ‘‘about an application for a 
waiver under section 60118(c) or (d) of this title’’ 
and inserting ‘‘under this chapter’’. 
SEC. 3. PIPELINE DAMAGE PREVENTION. 
(a) MINIMUM STANDARDS
FOR STATE ONE-CALL 
NOTIFICATION PROGRAMS.—Section 6103(a) is amended 
to read as follows: 
‘‘(a) MINIMUM STANDARDS.— 
‘‘(1) IN GENERAL.—In order to qualify for a 
grant under section 6106, a State one-call notifica-
tion program, at a minimum, shall provide for— 
‘‘(A) appropriate participation by all un-
derground facility operators, including all gov-
ernment operators; 
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‘‘(B) appropriate participation by all exca-
vators, including all government and contract 
excavators; and 
‘‘(C) flexible and effective enforcement 
under State law with respect to participation in, 
and use of, one-call notification systems. 
‘‘(2) EXEMPTIONS
PROHIBITED.—In order to 
qualify for a grant under section 6106, a State one- 
call notification program may not exempt munici-
palities, State agencies, or their contractors from its 
one-call notification system requirements.’’. 
(b) STATE DAMAGE PREVENTION PROGRAMS.—Sec-
tion 60134(a) is amended— 
(1) in paragraph (1) by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (2)(B) by striking ‘‘(b).’’ and 
inserting ‘‘(b); and’’; and 
(3) by adding at the end the following: 
‘‘(3) does not provide any exemptions to mu-
nicipalities, State agencies, or their contractors from 
its one-call notification system requirements.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 2 years after the date of en-
actment of this Act. 
(d) THIRD PARTY DAMAGE.— 
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(1) STUDY.—The Secretary of Transportation 
shall conduct a study on the impact of third party 
damage on pipeline safety. 
(2) CONTENTS.—The study shall include— 
(A) an analysis of the frequency and sever-
ity of different types of third party damage in-
cidents; 
(B) an analysis of exemptions to the one- 
call notification system requirements in each 
State; 
(C) a comparison of exemptions to the one- 
call notification system requirements in each 
State to the types of third party damage inci-
dents in that State; and 
(D) an analysis of the potential safety ben-
efits and adverse consequences of eliminating 
all exemptions for mechanized excavation from 
State one-call notification systems. 
(3) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall 
submit to the House of Representatives Committee 
on Transportation and Infrastructure and Com-
mittee on Energy and Commerce and the Senate 
Committee on Commerce, Science, and Transpor-
tation a report on the results of the study. 
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SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF 
VALVES. 
Section 60102 is amended— 
(1) by striking subsection (j)(3); and 
(2) by adding at the end the following: 
‘‘(n) AUTOMATIC AND REMOTE-CONTROLLED SHUT- 
OFF VALVES FOR NEW TRANSMISSION PIPELINES.— 
‘‘(1) IN GENERAL.—The Secretary may require 
by regulation, if determined appropriate by the Sec-
retary, the use of automatic or remote-controlled 
shut-off valves, or equivalent technology, where eco-
nomically, technically, and operationally feasible on 
transmission pipeline facilities constructed or en-
tirely replaced after the date on which the Secretary 
issues the final rule containing such requirement. 
‘‘(2) FACTORS FOR CONSIDERATION.—In deter-
mining whether to proceed with a rulemaking under 
paragraph (1), the Secretary shall consider the fac-
tors specified in subsection (b)(2).’’. 
SEC. 5. INTEGRITY MANAGEMENT. 
(a) EVALUATION.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall evaluate— 
(1) whether integrity management system re-
quirements, or elements thereof, should be expanded 
beyond high consequence areas; and 
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(2) with respect to gas transmission pipeline fa-
cilities, whether applying integrity management pro-
gram requirements, or elements thereof, to addi-
tional areas would mitigate the need for class loca-
tion requirements. 
(b) REPAIR CRITERIA.—In conducting the evaluation 
under subsection (a), the Secretary shall consider applying 
repair criteria, such as pressure reductions and special re-
quirements for scheduling remediation, to areas that are 
not high consequence areas. 
(c) REPORT.—Based on the evaluation to be con-
ducted under subsection (a), the Secretary shall submit 
to the House of Representatives Committee on Transpor-
tation and Infrastructure and Committee on Energy and 
Commerce and the Senate Committee on Commerce, 
Science, and Transportation a report containing the Sec-
retary’s analysis and findings regarding— 
(1) expansion of integrity management require-
ments, or elements thereof, beyond high consequence 
areas; and 
(2) with respect to gas transmission pipeline fa-
cilities, whether applying the integrity management 
program requirements, or elements thereof, to addi-
tional areas would mitigate the need for class loca-
tion requirements. 
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(d) DATA REPORTING.—The Secretary shall collect 
any relevant data necessary to complete the evaluation re-
quired by subsection (a). 
(e) 
TECHNICAL
CORRECTION.—Section 
60109(c)(3)(B) is amended to read as follows: 
‘‘(B) Subject to paragraph (5), periodic re-
assessments of the facility, at a minimum of 
once every 7 calendar years, using methods de-
scribed in subparagraph (A). Such deadline 
shall be extended for an additional 6 months if 
the operator submits written notice to the Sec-
retary that includes an explanation of the need 
for the extension.’’. 
(f) RULEMAKING REQUIREMENTS.— 
(1) REVIEW
PERIOD
DEFINED.—In this sub-
section, the term ‘‘review period’’ means the period 
beginning on the date of enactment of this Act and 
ending on the earlier of— 
(A) the date that is 1 year after the date 
of completion of the report under subsection 
(c); or 
(B) the date that is 3 years after the date 
of enactment of this Act. 
(2) CONGRESSIONAL AUTHORITY.—In order to 
provide Congress the necessary time to review the 
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results of the report required by subsection (c) and 
implement appropriate recommendations, the Sec-
retary shall not, during the review period, proceed 
with a rulemaking to prescribe regulations described 
in paragraph (3). 
(3) STANDARDS.—Following the review period, 
the Secretary may, as appropriate, prescribe regula-
tions that— 
(A) expand integrity management system 
requirements, or elements thereof, beyond high 
consequence areas; and 
(B) remove redundant class location re-
quirements for gas transmission pipeline facili-
ties that are regulated under an integrity man-
agement program adopted and implemented 
under section 60109(c)(2) of title 49, United 
States Code. 
(4) SAVINGS CLAUSE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of this subsection, the Sec-
retary, during the review period, may proceed 
to a rulemaking to prescribe regulations de-
scribed in paragraph (3), and may prescribe the 
regulations, if the Secretary determines that a 
condition that poses a risk to public safety, 
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property, or the environment is present or an 
imminent hazard exists and that the rule-
making will address the risk or hazard. 
(B) IMMINENT
HAZARD
DEFINED.—In 
subparagraph (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. 
(g) REPORT TO CONGRESS ON RISK-BASED PIPE-
LINE REASSESSMENT INTERVALS.—Not later than 2 
years after the date of enactment of this Act, the Comp-
troller General of the United States shall evaluate— 
(1) whether risk-based reassessment intervals 
are a more effective alternative for managing risks 
to pipelines in high-consequence areas once baseline 
assessments are complete when compared to a 7- 
year reassessment interval; 
(2) the number of anomalies found in baseline 
assessments required under section 60109(c)(3)(A) 
of title 49, United States Code, as compared to the 
number of anomalies found in reassessments re-
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quired under section 60109(c)(3)(B) of such title; 
and 
(3) the progress made in incorporating the rec-
ommendations in GAO Report 06–945 and the cur-
rent relevance of recommendations not incorporated 
to date. 
(h) HIGH CONSEQUENCE AREA DEFINED.—In this 
section, the term ‘‘high consequence area’’ means an area 
described in section 60109(a) of title 49, United States 
Code. 
SEC. 6. PUBLIC EDUCATION AND AWARENESS. 
(a) NATIONAL PIPELINE MAPPING SYSTEM.— 
(1) MAP OF HIGH CONSEQUENCE AREAS.—The 
Secretary of Transportation shall— 
(A) maintain, as part of the National Pipe-
line Mapping System, a map of all designated 
high consequence areas (as described in section 
60109(a) of title 49, United States Code) in 
which pipelines are required to meet integrity 
management safety regulations, excluding any 
proprietary or sensitive security information; 
and 
(B) update the map biennially. 
(2) PROGRAM TO PROMOTE AWARENESS OF NA-
TIONAL
PIPELINE
MAPPING
SYSTEM.—Not later 
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than 1 year after the date of enactment of this Act, 
the Secretary shall develop and implement a pro-
gram promoting greater awareness of the existence 
of the National Pipeline Mapping System to State 
and local emergency responders and other interested 
parties. The program shall include guidance on how 
to use the National Pipeline Mapping System to lo-
cate pipelines in communities and local jurisdictions. 
(b) INFORMATION TO EMERGENCY RESPONSE AGEN-
CIES.— 
(1) GUIDANCE.—Not later than 18 months 
after the date of enactment of this Act, the Sec-
retary shall issue guidance to owners and operators 
of pipeline facilities on the importance of providing 
system-specific information about their pipeline fa-
cilities to emergency response agencies of the com-
munities and jurisdictions in which those facilities 
are located. 
(2) CONSULTATION.—Before issuing guidance 
under paragraph (1), the Secretary shall consult 
with owners and operators of pipeline facilities to de-
termine the extent to which the owners and opera-
tors are already providing system-specific informa-
tion about their pipeline facilities to emergency re-
sponse agencies. 
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SEC. 7. CAST IRON GAS PIPELINES. 
(a) FOLLOW-UP SURVEYS.—Section 60108(d) is 
amended by adding at the end the following: 
‘‘(4) Not later than December 31, 2012, and every 
2 years thereafter, the Secretary shall conduct a follow- 
up survey to measure the progress that owners and opera-
tors of pipeline facilities have made in implementing their 
plans for the safe management and replacement of cast 
iron gas pipelines.’’. 
(b) STATUS REPORT.—Not later than December 31, 
2013, the Secretary of Transportation shall transmit to 
the House of Representatives Committee on Transpor-
tation and Infrastructure and Committee on Energy and 
Commerce and the Senate Committee on Commerce, 
Science, and Transportation a report that— 
(1) identifies the total mileage of cast iron gas 
pipelines in the United States; and 
(2) evaluates the progress that owners and op-
erators of pipeline facilities have made in imple-
menting their plans for the safe management and 
replacement of cast iron gas pipelines. 
SEC. 8. LEAK DETECTION. 
(a) LEAK DETECTION REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Transportation shall submit to the Senate Com-
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mittee on Commerce, Science, and Transportation 
and the House of Representatives Committee on 
Transportation and Infrastructure and Committee 
on Energy and Commerce a report on leak detection 
systems utilized by operators of hazardous liquid 
pipeline facilities and transportation-related flow 
lines. 
(2) CONTENTS.—The report shall include— 
(A) an analysis of the technical limitations 
of current leak detection systems, including the 
systems’ ability to detect ruptures and small 
leaks that are ongoing or intermittent, and 
what can be done to foster development of bet-
ter technologies; and 
(B) an analysis of the feasibility of estab-
lishing technically, operationally, and economi-
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) RULEMAKING REQUIREMENTS.— 
(1) REVIEW
PERIOD
DEFINED.—In this sub-
section, the term ‘‘review period’’ means the period 
beginning on the date of enactment of this Act and 
ending on the earlier of— 
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(A) the date that is 1 year after the date 
of completion of the report under subsection 
(a); or 
(B) the date that is 2 years after the date 
of enactment of this Act. 
(2) CONGRESSIONAL AUTHORITY.—In order to 
provide Congress the necessary time to review the 
results of the report required by subsection (a) and 
implement appropriate recommendations, the Sec-
retary shall not, during the review period, proceed 
with a rulemaking to prescribe regulations described 
in paragraph (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 capa-
bility of such systems to detect leaks. 
(4) SAVINGS CLAUSE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of this subsection, the Sec-
retary, during the review period, may proceed 
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to a rulemaking to prescribe regulations de-
scribed in paragraph (3), and may prescribe the 
regulations, if the Secretary determines that a 
condition that poses a risk to public safety, 
property, or the environment is present or an 
imminent hazard exists and that the rule-
making will address the risk or hazard. 
(B) IMMINENT
HAZARD
DEFINED.—In 
subparagraph (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 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. 
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(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 
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-
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sponse Center shall update the initial report on an acci-
dent or incident instead of generating a new report. 
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-
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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-
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 
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in this subsection, the Secretary shall prescribe 
a fee structure and assessment methodology 
that is based on the costs of providing these re-
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 
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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 
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).’’. 
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(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. 
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. 
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‘‘(2) STANDARDS
APPLICABLE
TO
CERTAIN 
PIPELINES.—For pipelines that transport carbon di-
oxide in both a liquid and gaseous state, the Sec-
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. 
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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 
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 
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operators’’ and inserting ‘‘any or all of the owners or oper-
ators’’. 
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-
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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 
(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-
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ing to compliance, or notices of proposed cor-
rective actions. 
(3) EXPEDITED REVIEW.—The regulations pre-
scribed 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 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-
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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— 
(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 
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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 
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.’’; 
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(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: 
‘‘(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— 
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(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 
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 
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(2) in subsection (f) by striking ‘‘2003 through 
2006.’’ and inserting ‘‘2012 through 2015.’’. 
Passed the House of Representatives December 12, 
2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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