Sec. 5. Best available technology for monitoring and shutting off certain pipelines
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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— real-time monitoring of the pipeline through pressure monitoring at shutoff valves, product flow monitoring, or product wave flow monitoring; shutting off the pipeline; and 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— implementing the best available technology for the activities described in subparagraphs
(A)and (B); and isolating any release in the event of a leak or spill. 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. 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— 1 or more leak detection technologies, such as through pressure monitoring at shutoff valves, product flow monitoring, product detection, or product flow wave monitoring; 1 or more automatic shutoff systems with pressure monitoring at the shutoff systems that communicate to, as applicable— the appropriate control room (as defined in section 192.3 of title 49, Code of Federal Regulations (or a successor regulation)); or the appropriate control room (as defined in section 195.2 of that title (or a successor regulation)); remote-controlled sectionalized block valves with pressure monitoring at shutoff valves; or a combination of technologies described in subparagraphs
(A)through (C). 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). 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. 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. 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. 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— monitoring and shutting off the applicable pipeline; and isolating any release in the event of a leak or spill. 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. 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— monitoring each applicable pipeline of the operator; shutting off each applicable pipeline of the operator; and isolating any releases from each applicable pipeline of the operator in the event of a leak or spill. 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— submits to the Administrator a request for an exemption from the deadline; and demonstrates to the satisfaction of the Administrator that more time is needed to comply with the requirement to which the deadline relates. 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— submits to the Administrator a request for an exemption from the monitoring requirement; and 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. 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. A waiver under subparagraph
(A)shall not apply to any applicable requirement to implement the best available technology for— shutting off a pipeline once the operator is aware of a leak or spill; or isolating any release from a leak or spill of which the operator is aware.