Sec. 2. Additional requirements for Great Lakes pipelines
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Chapter 601 of title 49, United States Code, is amended by adding at the end the following: Not later than 12 months after the date of enactment of this section, and every 6 months thereafter, the Administrator of PHMSA shall provide a status report on all Great Lakes pipelines to the Secretary. Not later than 12 months after the date of enactment of this section, and on an annual basis thereafter, the Administrator of PHMSA shall make available to the public a status report on all Great Lakes pipelines.
Not later than 12 months after the date of enactment of this section, and on an annual basis thereafter, the Secretary shall provide to Congress a status report on all Great Lakes pipelines, including recommendations on additional standards that may be necessary to improve the safety of such pipelines. Notwithstanding any other provision of law and subject to subparagraph (B), the Administrator of PHMSA shall provide access to the Governor of the State with jurisdiction over the relevant portion of such pipeline and any additional entities of such State designated by such Governor to receive such a notification all information in the possession of PHMSA concerning such portion.
Pursuant to subparagraph (A), the Administrator may not provide access to security-sensitive information, including information described in section 1520.5(a) of title 49, Code of Federal Regulations. The owner and operator of a Great Lakes pipeline shall adhere to the following requirements with respect to a Great Lakes pipeline: Maintain a functional anchor every 75 feet, at minimum, for every section of such pipeline that is at least 30 feet below the surface of the water.
Maintain at least 1 functional computational pipeline monitoring system in every 1,500-foot section of such pipeline that is at least 10 feet below the surface of the water. Install cathodic wrapping on such pipeline. No holiday in cathodic wrapping may exceed 3 square inches. Install enamel coating on such pipeline. No holiday in enamel coating may exceed 3 square inches. Maintain such pipeline without any corrosion. Install and maintain the functional ability to shut off the pressure of such pipeline in case of an emergency.
An operator of a Great Lakes pipeline shall, at least once every 12 months, perform the following actions with respect to a Great Lakes pipeline: Conduct at least one in-line test, also known as a smart pig , to determine the integrity of the interior of such pipeline. Conduct at least one Remote Operated Vehicle
(ROV)inspection to determine the structural integrity of the exterior of such pipeline. Conduct at least one hydrostatic test to determine the integrity and ability of such pipeline to sustain pressure. The operator and owner of a Great Lakes pipeline shall— immediately, but in no event more than 1 business day, after the date of discovery of a violation of paragraph
(1)report any such known violation to— the Administrator of PHMSA; and the Governor of the State with jurisdiction over the relevant portion of such pipeline and any additional entities of such State designated by such Governor to receive such a notification; and provide notification of any tests conducted pursuant to paragraph
(2)to— the Administrator of PHMSA; and the Governor of the State with jurisdiction over the relevant portion of such pipeline and any additional entities of such State designated by such Governor to receive such a notification. The Administrator of PHMSA shall issue to the owner or operator of a Great Lakes pipeline a corrective action timeline for each violation of paragraph (1), during which such violation shall be remedied, as follows: A corrective action timeline for a violation of subparagraphs (A), (B), (G), or
(H)of paragraph
(1)may be for a period of not more than 365 days. A corrective action timeline for a violation of subparagraph
(C)or
(E)of paragraph
(1)may be for a period of not more than 180 days. A corrective action timeline for a violation of subparagraph
(D)or
(F)of paragraph
(1)may be for a period of not more than 90 days. A corrective action timeline described in paragraph
(4)shall begin to run from the date on which it is issued to the owner or operator of the pipeline. An owner or operator of a Great Lakes pipeline who learns of corrosion in such pipeline shall immediately pursue steps to ensure such pipeline ceases to transmit petroleum until such corrosion is repaired. The Administrator of PHMSA may inspect a pipeline described in subparagraph
(A)and permit such pipeline to resume transmission if the Administrator makes a determination that such pipeline can operate safely. The owner or operator of a Great Lakes pipeline may not operate such a pipeline (and may replace such a pipeline with a new pipeline in accordance with this chapter) after the conclusion of the time period described in subparagraph (B). The time period described in this subparagraph is— for a Great Lakes pipeline that first transported petroleum or a petroleum product earlier than the date that is 50 years before the date of enactment of this section, the 5-year period commencing on the date of enactment of this section; and for any other Great Lakes pipeline, the 52-year period commencing on the date such pipeline first transported petroleum or a petroleum product. Notwithstanding any other provision of law, an owner or operator of a Great Lakes pipeline shall be liable for a civil penalty for each day during which a repair has not been completed following the conclusion of the applicable period of the corrective action timeline issued pursuant to subsection (b)(4) as follows: A penalty for a violation of subsection (b)(1)(A) may not be less than $2,000 and not more than $20,000 a day. A penalty for a violation of subsection (b)(1)(B) may not be less than $1,000 and not more than $10,000 a day. A penalty for a violation of subsection (b)(1)(C) may not be less than $1,000 and not more than $10,000 a day. A penalty for a violation of subsection (b)(1)(D) may not be less than $100 and not more than $1,000 a day. A penalty for a violation of subsection (b)(1)(E) may not be less than $1,000 and not more than $10,000. A penalty for a violation of subsection (b)(1)(F) may not be less than $100 and not more than $1,000. A penalty for a violation of subsection (b)(1)(G) may not be less than $5,000 and not more than $30,000 a day. A penalty for a violation of subsection (b)(1)(H) may not be less than $500 and not more than $1,000 a day. An owner or operator of a Great Lakes pipeline that knowingly violates subsection (b)(3)(A) shall be liable for a civil penalty of not less than $50,000 and not more than $500,000. A civil penalty for a violation of subsection (b)(7) may not be less than $100,000 and not more than $500,000 a day after the conclusion of the applicable period described in such subsection. Amounts collected under this section shall be deposited in the Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 ( 26 U.S.C. 9509 ). The Secretary shall issue regulations to implement the requirements of this section not later than 90 days after the date of enactment of this section. The requirements of paragraphs
(1)through
(6)of subsection
(b)shall be effective on the day that is 1 year after the date of enactment of this section. .
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Sec. 2
Additional requirements for Great Lakes pipelines
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