II 117th CONGRESS 2d Session S. 4248 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Peters introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To enhance pipeline safety and oil spill preparedness and response, particularly in the Great Lakes Basin, and for other purposes.

1. Short title This Act may be cited as the Preventing Releases Of Toxic Environmental Contaminants Threatening Our Great Lakes Act or the PROTECT Our Great Lakes Act . 2. Definitions In this Act: (1) Administration The term Administration means the Pipeline and Hazardous Materials Safety Administration. (2) Administrator The term Administrator means the Administrator of the Administration. (3) Best available technology The term best available technology , with respect to a pipeline, means commercially available technology that, in the determination of the Administrator, provides the greatest degree of protection with respect to limiting the quantity of release in the event of a leak or spill, taking into consideration whether the technology— (A) is currently in use by pipeline operators; and (B) can be readily purchased for use in the United States. (4) Center The term Center means the Center of Expertise for Great Lakes Oil Spill Preparedness and Response established under section 807(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 ( Public Law 115–282 ; 14 U.S.C. 313 note). (5) High consequence area The term high consequence area has the meaning given the term in section 195.450 of title 49, Code of Federal Regulations (or a successor regulation). (6) Secretary The term Secretary means the Secretary of Transportation. (7) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. 3. Adjustment of PHMSA employee pay rates (a) Establishment of pay rates Subject to section 5373 of title 5, United States Code, and notwithstanding any other provision of law, to ensure that the Administration is able to competitively attract and retain employees, including employees with the greatest talent with respect to the inspection of pipelines, the Secretary may establish, in accordance with this section, higher minimum rates of basic pay for the employees of the Administration described in subsection (b). (b) Employees described The employees of the Administration referred to in subsection (a) are, as the Secretary determines to be appropriate, 1 or more of the following: (1) Employees in a job series the duties of which are comparable, in the determination of the Secretary, to the duties of a job series described in section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012). (2) Employees that are GS–0801 series General Engineers. (3) Employees in a job series the duties of which involve— (A) the inspection of pipelines; or (B) the enforcement of laws (including regulations) relating to pipelines. (c) Requirement A rate of basic pay established under subsection (a) shall be— (1) with respect to employees in a job series described in subsection (b)(1), equal to the rate of basic pay established by the Secretary of the Interior under section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012), for the employees of the Department of the Interior in the applicable job series described in that subsection; and (2) with respect to employees in a job series described in paragraph (2) or (3) of subsection (b)— (A) commensurate with the rate of basic pay established by the Secretary of the Interior under section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012), for the job series that, in the determination of the Secretary, is most comparable to the applicable job series described in paragraph (2) or (3) of that subsection; (B) not more than 30 percent above the minimum rate of basic pay normally scheduled for the applicable employee; and (C) consistent with subsections (e) through (j) of section 5305 of title 5, United States Code. (d) Timing of adjustment (1) In general Notwithstanding any other provision of law, if the Secretary of the Interior establishes a new minimum rate of basic pay under section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012), after the date of enactment of this Act, the Secretary, beginning on the date on which the Secretary of the Interior establishes that new minimum rate of basic pay, may establish— (A) a new minimum rate of basic pay under subsection (a) for applicable employees of the Administration; and (B) an effective date for that new minimum rate of basic pay, subject to the condition that the effective date is not earlier than the effective date for the new minimum rate of basic pay established by the Secretary of the Interior. (2) Initial establishment Not later than 45 days after the date of enactment of this Act, the Secretary shall— (A) determine whether the Secretary of the Interior has established a higher minimum rate of basic pay under section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012); and (B) if applicable, establish— (i) a minimum rate of basic pay under subsection (a) for applicable employees of the Administration that is based on the most recent minimum rate of basic pay established by the Secretary of the Interior for the applicable job series under that section; and (ii) an effective date for that minimum rate of basic pay, subject to the condition that the effective date is not earlier than the date on which the Secretary establishes that minimum rate of basic pay under clause (i). (e) Prior approval not required Notwithstanding any other provision of law, the Secretary shall not be required to seek or receive approval from the Director of the Office of Management and Budget or the Director of the Office of Personnel Management to establish a new minimum rate of basic pay under this section. (f) Clarification The authority to establish a higher minimum rate of basic pay under this section is in addition to the authority provided by section 102(c) of the PIPES Act of 2020 ( 49 U.S.C. 60101 note; Public Law 116–260 ). (g) Conforming amendment Section 102(c) of the PIPES Act of 2020 ( 49 U.S.C. 60101 note; Public Law 116–260 ) is amended by adding at the end the following: (4) Requirement The rate of pay for an employee of the Administration described in any of paragraphs (1) through (3) of subsection (b) of section 3 of the PROTECT Our Great Lakes Act shall be the highest of— (A) any applicable special pay rate established under paragraph (1); (B) any applicable minimum rate of basic pay established under subsection (a) of that section; and (C) the rate of pay otherwise applicable to the employee. . 4. Oil spill response plans (a) Purposes The purposes of this section are— (1) to strengthen the preparedness of owners and operators of onshore oil pipeline facilities for releases of oil from pipelines; and (2) to ensure that oil spill response plans submitted to the Administrator under part 194 of title 49, Code of Federal Regulations (or successor regulations), adequately anticipate and ensure an adequate response to spills of diluted bitumen. (b) Definitions In this section, the terms On-Scene Coordinator , operator , and response plan have the meanings given those terms in section 194.5 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (c) Rulemaking Not later than 90 days after the date of enactment of this Act, the Secretary, acting through the Administrator, shall revise part 194 of title 49, Code of Federal Regulations— (1) to require response plans— (A) to identify, using industry-standard names, such as Cold Lake Blend, all of the crude oils transported by the operator, including diluted bitumen; (B) to include safety data sheets for each of the crude oils identified in the response plan; (C) to adequately describe the geographic areas most sensitive to the effects of a diluted bitumen spill, including the water bodies potentially at risk; (D) to describe in sufficient detail the response activities planned and resources available to mitigate the impacts of spills of diluted bitumen, if applicable, including the capabilities of the operator for detection, containment, and recovery of submerged and sunken oil; and (E) to specify the procedures by which the operator will— (i) not later than 6 hours after a spill has been detected, provide to the applicable On-Scene Coordinator or an equivalent State official information identifying the source and industry-standard name of any spilled diluted bitumen; and (ii) not later than 24 hours after the spill, or whenever the operator and the applicable On-Scene Coordinator agree it is safe to do so, provide to the On-Scene Coordinator or an equivalent State official, on request— (I) a 1-liter sample drawn from the batch of oil spilled; and (II) specific compositional information on the diluent; (2) to require response plans and the safety data sheets associated with response plans to include spill-relevant properties and considerations with respect to each crude oil transported by the operator and identified in the response plan in accordance with paragraph (1)(A); (3) to require the Administrator— (A) to consult with the Administrator of the Environmental Protection Agency or the Commandant of the Coast Guard, or both, as applicable, with respect to whether response plans submitted to the Administrator under that part meet the requirements in order to respond to spills of diluted bitumen; and (B) to conduct reviews of response plans for pipelines carrying diluted bitumen to ensure the response plans comply with requirements under that part prior to approval; and (4) to require operators to provide to the Administrator, and make publicly available on the website of the operator, annual reports that describe— (A) the volumes of diluted bitumen, light, medium, and heavy crude oils, and any other crude oils carried by each pipeline of the operator; and (B) the pipeline sections transporting the diluted bitumen and other crude oils described in subparagraph (A). 5. Best available technology for monitoring and shutting off certain pipelines (a) Rulemaking (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Administrator, shall promulgate regulations requiring each operator of a pipeline located in a high consequence area to implement, subject to subsection (d), the best available technology for— (A) real-time monitoring of the pipeline through pressure monitoring at shutoff valves, product flow monitoring, or product wave flow monitoring; (B) shutting off the pipeline; and (C) isolating product flow through the installation of shutoff valves, including (subject to section 60104(b) of title 49, United States Code, if applicable) on existing pipelines, if determined to be appropriate by the Administrator, for purposes of— (i) implementing the best available technology for the activities described in subparagraphs (A) and (B); and (ii) isolating any release in the event of a leak or spill. (2) Rulemaking process Notwithstanding any other provision of law, the requirements of paragraphs (2)(D), (2)(E), (3)(B), and (5) of section 60102(b) of title 49, United States Code, shall not apply to the rulemaking required under paragraph (1) or any proceeding to revise the regulations promulgated under that paragraph. (b) Best available technology (1) In general Subject to paragraphs (2) and (3), unless the Administrator makes a determination that another technology provides a greater degree of protection with respect to limiting the quantity of release in the event of a leak or spill, the best available technology for a pipeline described in subsection (a)(1) shall include— (A) 1 or more leak detection technologies, such as through pressure monitoring at shutoff valves, product flow monitoring, product detection, or product flow wave monitoring; (B) 1 or more automatic shutoff systems with pressure monitoring at the shutoff systems that communicate to, as applicable— (i) the appropriate control room (as defined in section 192.3 of title 49, Code of Federal Regulations (or a successor regulation)); or (ii) the appropriate control room (as defined in section 195.2 of that title (or a successor regulation)); (C) remote-controlled sectionalized block valves with pressure monitoring at shutoff valves; or (D) a combination of technologies described in subparagraphs (A) through (C). (2) Alternative protections In areas where it is not technically feasible to implement the technologies descried in paragraph (1) due to lack of power or communications capabilities for installing the necessary control equipment, the Administrator may establish alternative methods of protection with respect to limiting the quantity of release in the event of a leak or spill that shall be deemed to be the best available technology in that area for purposes of subsection (a)(1). (3) Applicability (A) In general Subject to subparagraph (B) and subsection (d), the Administrator shall establish requirements relating to the diameter, flow volume, and operating pressure at which the operator of a pipeline located in a high consequence area shall be required to implement a particular technology or combination of technologies described in paragraph (1) or an alternative protection established under paragraph (2) with respect to the pipeline. (B) Requirement In establishing requirements relating to diameter, flow volume, and operating pressure under subparagraph (A), the Administrator shall ensure that each operator described in subsection (a)(1) is required to implement at least 1 technology described in paragraph (1) or 1 alternative protection established under paragraph (2) with respect to each pipeline of the operator that is located in a high consequence area. (4) Risk analysis (A) In general Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, each operator of a pipeline described in subsection (a)(1) shall submit to the Administrator a risk analysis with respect to the pipeline. (B) Requirement A risk analysis submitted under subparagraph (A) shall include a description of the technology that, in the assessment of the operator and in light of the risks identified in that risk analysis, is the best available technology for— (i) monitoring and shutting off the applicable pipeline; and (ii) isolating any release in the event of a leak or spill. (C) Determination of best available technology In making a determination of the best available technology for monitoring and shutting off each pipeline described in subsection (a)(1), the Administrator shall consider the risk analysis submitted by the operator of the pipeline under this paragraph. (c) Requirement The Administrator shall establish a process for determining whether an operator described in subsection (a)(1) has complied with the regulations promulgated under that subsection, including a process for determining whether the technology used by the operator is the best available technology for— (1) monitoring each applicable pipeline of the operator; (2) shutting off each applicable pipeline of the operator; and (3) isolating any releases from each applicable pipeline of the operator in the event of a leak or spill. (d) Exemptions (1) Compliance deadlines The Administrator may grant to an operator described in subsection (a)(1) an exemption from a compliance deadline established under this section if the operator— (A) submits to the Administrator a request for an exemption from the deadline; and (B) demonstrates to the satisfaction of the Administrator that more time is needed to comply with the requirement to which the deadline relates. (2) Monitoring requirements (A) In general The Administrator may grant to an operator described in subsection (a)(1) an exemption from a monitoring requirement established under this section if the operator— (i) submits to the Administrator a request for an exemption from the monitoring requirement; and (ii) demonstrates to the satisfaction of the Administrator that complying with the monitoring requirement or installing the best available technology for the applicable monitoring is not economically, technically, or operationally feasible. (B) Alternative compliance The Administrator shall require an operator receiving a waiver under subparagraph (A) to implement an alternative method of protection determined to be appropriate by the Administrator with respect to limiting the quantity of release in the event of a leak or spill. (C) Application A waiver under subparagraph (A) shall not apply to any applicable requirement to implement the best available technology for— (i) shutting off a pipeline once the operator is aware of a leak or spill; or (ii) isolating any release from a leak or spill of which the operator is aware. 6. Acceptance of gifts and bequests by the Under Secretary of Commerce for Oceans and Atmosphere (a) Authority The Under Secretary may accept, hold, administer, and utilize gifts and bequests of property, both real and personal, for the purposes of aiding or facilitating the work of the National Oceanic and Atmospheric Administration or the Center, including by carrying out research related to the Center and the impacts of oil spills in freshwater environments such as the Great Lakes Basin. (b) Separate fund; disbursements Gifts and bequests of money described in subsection (a) and the proceeds from sales of other property received as gifts or bequests under that subsection shall be— (1) deposited in the Treasury in a separate fund; and (2) available to the Under Secretary for the purposes described in subsection (a) without further appropriation. (c) Scientific excellence and scientific integrity In carrying out any activity using a gift or bequest described in subsection (a) or the proceeds of a sale of property received as a gift or bequest under that subsection, the Under Secretary shall— (1) ensure a continuing culture of scientific excellence and scientific integrity intended to strengthen confidence in the quality, validity, and reliability of science administered by the National Oceanic and Atmospheric Administration; and (2) abide by the scientific integrity policy of the National Oceanic and Atmospheric Administration. (d) Coordination The Under Secretary and the Commandant of the Coast Guard shall coordinate activities described in subsection (c)— (1) to optimize data collection, sharing, and integration; and (2) to minimize duplication. (e) Clarification Nothing in this section affects the application of United States copyright law.