Sec. 25. Carbon dioxide pipelines
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/bill/118/hr/6494/rh/section-25A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 60102 of title 49, United States Code, is amended— in subsection (b)— in subparagraph (1)(B)(i) by inserting or carbon dioxide after hazardous liquids ; and in paragraph (2)(A)— by redesignating clause
(ii)and
(iii)as clause
(iii)and (iv), respectively; and by inserting after clause
(i)the following: carbon dioxide pipeline safety information; ; in subsection
(c)by inserting or carbon dioxide pipeline facility after hazardous liquid pipeline facility ; in subsection (d)(2)— in subparagraph
(A)by striking and at the end; in subparagraph
(B)by striking the semicolon and inserting ; and ; and by adding at the end the following: major carbon dioxide pipeline facilities of the operator; ; in subsection
(e)by striking transportation of gas or hazardous liquid and inserting transportation of gas, hazardous liquid, or carbon dioxide ; in subsection (f)(1) by striking natural gas transmission pipeline or hazardous liquid pipeline facilities and inserting natural gas transmission pipeline, hazardous liquid pipeline facilities, or carbon dioxide pipeline facilities each place it appears; in subsection (i)— in paragraph
(1)by striking regulate carbon dioxide and all that follows through by such a facility and inserting prescribe standards related to pipeline facilities to ensure the safe transportation of carbon dioxide in a liquid or supercritical state by such facilities ; by striking paragraph (2)(B) and inserting the following: The Secretary shall establish the minimum safety standards in part 195 of title 49, Code of Federal Regulations, as applicable. ; in paragraph
(3)by inserting prescribe the location of a carbon dioxide storage facility or to before regulate piping ; by redesignating paragraph
(3)as paragraph (4); by inserting after paragraph
(2)the following: The Secretary shall prescribe minimum safety standards for the injection, withdrawal, and storage of carbon dioxide incidental to pipeline transportation. In this paragraph, the term storage of carbon dioxide incidental to pipeline transportation — means the temporary receipt and storage of carbon dioxide transported by pipeline for continued transport; but does not include— with respect to each State, the long-term containment of carbon dioxide in subsurface geologic formations or other activity subject to the requirements of a State underground injection control program prescribed by the Administrator of the Environmental Protection Agency and applicable to the State, or adopted by the State and approved by the Administrator, under part C of the Safe Drinking Water Act ( 42 U.S.C. 300h et seq. ); or the temporary storage of carbon dioxide in any excepted pipelines listed in paragraph
(b)of section 195.1 of title 49, Code of Federal Regulations, as of the date of enactment of the PIPES Act of 2023 . ; and by adding at the end the following: The Secretary shall prescribe minimum safety standards to require each operator of a carbon dioxide pipeline facility to employ vapor dispersion modeling to identify high consequence areas, as defined at section 195.450 of title 49, Code of Federal Regulations, and paragraph (7)(I)(A) of Appendix C to part 195 of such title, that could be affected by a release from such a pipeline. In performing the vapor dispersion modeling under subparagraph (A), operators of a carbon dioxide pipeline facility shall consider— the topography surrounding the pipeline; atmospheric conditions that could affect vapor dispersion; pipeline operating characteristics; and additional substances present in the pipeline that could affect vapor dispersion. The Secretary shall require each operator of a carbon dioxide pipeline facility to maintain records documenting the areas that could affect high consequence areas, as determined using the vapor dispersion modeling required pursuant to subparagraph (A), in the manual of written procedures for operating, maintaining, and handling emergencies for such pipeline. In responding to a public request for information regarding carbon dioxide dispersion modeling, the Secretary may, taking into account public safety, security, and the need for public access, exclude from disclosure (as the Secretary determines appropriate)— security sensitive information related to strategies for responding to worst-case carbon dioxide release scenarios; security sensitive information related to carbon dioxide release plumes; and security sensitive information related to plans for responding to a carbon dioxide release. Nothing in this section may be construed to require disclosure of information or records that are exempt from disclosure under section 552 of title 5. . Not later than 1 year after the date of publishing a notice of proposed rulemaking titled Pipeline Safety: Safety of Carbon Dioxide and Hazardous Liquid Pipelines (or any other notice of proposed rulemaking covering substantially similar regulatory requirements), the Secretary shall issue a final rule based on such proposed rulemaking. The final rule shall include updates to such regulations as are necessary to implement section 60102(i) of title 49, United States Code, as amended by subsection (a), and other carbon dioxide safety issues identified by the Secretary. Section 60105(b)(9)(A) of title 49, United States Code, is amended by striking natural gas and hazardous liquid and inserting natural gas, hazardous liquid, and carbon dioxide . Section 60107(a)(2) of title 49, United States Code, is amended by inserting or interstate carbon dioxide after interstate hazardous liquid . Section 60108 of title 49, United States Code, is amended— in subsection (a)(1) by striking gas pipeline facility or hazardous liquid pipeline facility and inserting gas pipeline facility, hazardous liquid pipeline facility, or carbon dioxide pipeline facility ; and in subsection (e)(1) by striking gas or hazardous liquid pipeline facility and inserting gas pipeline facility, hazardous liquid pipeline facility, or carbon dioxide pipeline facility . Section 60109 of title 49, United States Code, is amended— in subsection (a)(1)(B)— by inserting or carbon dioxide after by operators of hazardous liquid ; by inserting and carbon dioxide after each hazardous liquid each place it appears; and in clause
(ii)by inserting or carbon dioxide after there is a hazardous liquid ; and in subsection
(b)by inserting or carbon dioxide after there is a hazardous liquid ; and in subsection (g)— in the heading by inserting after and carbon dioxide ; and Liquid in paragraph
(2)by inserting or carbon dioxide after underwater hazardous liquid . Section 60115 of title 49, United States Code, is amended— in subsection (b)(2)— by striking transporting hazardous liquid or operating a hazardous liquid pipeline facility and inserting transporting hazardous liquid, transporting carbon dioxide, operating a hazardous liquid pipeline facility, or operating a carbon dioxide pipeline facility each place it appears; and by striking transporting hazardous liquid and of hazardous liquid pipeline facilities and inserting transporting hazardous liquid or transporting carbon dioxide and of hazardous liquid pipeline facilities or carbon dioxide pipeline facilities ; in subsection (b)(3)(B) by striking the natural gas or hazardous liquid industry and inserting the natural gas industry, the hazardous liquid industry, or the carbon dioxide industry ; in subsection (b)(4)(B) by striking natural gas pipelines or hazardous liquid pipeline facilities and inserting natural gas pipelines, hazardous liquid pipeline facilities, or carbon dioxide pipeline facilities ; in subsection (c)(1)(B) by striking transporting hazardous liquid and for hazardous liquid pipeline facilities and inserting transporting carbon dioxide, hazardous liquid pipeline facilities and carbon dioxide facilities ; and in subsection (d)(1) by striking transporting hazardous liquid and for hazardous liquid pipeline facilities and inserting transporting hazardous liquid, transporting carbon dioxide, hazardous liquid pipeline facilities, and carbon dioxide pipeline facilities . Section 60116 of title 49, United States Code, is amended by striking gas or hazardous liquid pipeline facility and inserting gas pipeline facility, hazardous liquid pipeline facility, or carbon dioxide pipeline facility each place that it appears. Section 60117 of title 49, United States Code, is amended— in subsection (o)(1)— in subparagraph
(A)by striking liquid pipeline facility or liquefied natural gas pipeline facility and inserting liquid pipeline facility, a liquefied natural gas pipeline facility, or a carbon dioxide pipeline facility ; and in subparagraph (B)(i)(II) by inserting or carbon dioxide pipeline facility after hazardous liquid pipeline facility ; and in subsection (p)— in paragraph
(1)by striking gas or hazardous liquid pipeline facilities and inserting gas pipeline facilities, hazardous liquid pipeline facilities, or carbon dioxide pipeline facilities ; and in paragraph
(8)by striking gas or hazardous liquid pipeline facility and inserting gas pipeline facility, hazardous liquid pipeline facility, or carbon dioxide pipeline facility . Section 60123(b) of title 49, United States Code, is amended by striking an interstate hazardous liquid pipeline facility, or either an intrastate gas pipeline facility or intrastate hazardous liquid pipeline facility and inserting an interstate hazardous liquid pipeline facility, an interstate carbon dioxide pipeline facility, or either an intrastate gas pipeline facility, an intrastate hazardous liquid pipeline facility, or an intrastate carbon dioxide facility . Section 60125(b)(1) of title 49, United States Code, is amended by striking gas or hazardous liquid pipelines and inserting gas pipelines, hazardous liquid pipelines, or carbon dioxide pipelines . Section 60128(a) of title 49, United States Code, is amended by striking interstate gas pipeline facility or interstate hazardous liquid pipeline facility and inserting interstate gas pipeline facility, interstate hazardous liquid pipeline facility, or interstate carbon dioxide pipeline facility . Section 60131(g) of title 49, United States Code, is amended— in paragraph
(1)by striking and at the end; in paragraph
(2)by striking the period at the end and inserting ; and ; and by adding at the end the following: with respect to a carbon dioxide pipeline facility, activities equivalent to the activities described with respect to a hazardous liquid pipeline facility under section 195.501 of such title. . Section 60135(a)(1) of title 49, United States Code, is amended by striking gas and hazardous liquid pipeline and inserting gas, hazardous liquid, and carbon dioxide pipeline . Section 60137 and title 49, United States Code, is amended— in subsection
(a)by striking gas or hazardous liquid pipeline and inserting gas, hazardous liquid, or carbon dioxide pipeline ; in subsection
(d)by striking gas or hazardous liquid pipeline and inserting gas, hazardous liquid, or carbon dioxide pipeline ; and in subsection
(e)by striking gas or hazardous liquid pipeline and inserting gas, hazardous liquid, or carbon dioxide pipeline . Section 60142 of title 49, United States Code, is amended— in subsection (a)— in paragraph
(1)by striking or at the end; by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph
(1)the following: a carbon dioxide pipeline facility; or ; in subsection (k)(2)(A) by striking interstate gas or hazardous liquid pipeline facilities and inserting interstate gas pipeline facilities, interstate hazardous liquid pipeline facilities, or interstate carbon dioxide pipeline facilities ; and in subsection (l)(1) by striking interstate gas or hazardous liquid pipeline facilities and inserting interstate gas pipeline facilities, interstate hazardous liquid pipeline facilities, or interstate carbon dioxide pipeline facilities . Section 60143 of title 49, United States Code, is amended— in subsection (a)(2) by inserting carbon dioxide, after hazardous liquid, ; and in subsection
(b)by striking gas transmission and hazardous liquid pipelines and inserting gas transmission, hazardous liquid, and carbon dioxide pipelines each place it appears. Section 60301 of title 49, United States Code, is amended— in subsection
(a)by striking natural gas and hazardous liquids and inserting natural gas, hazardous liquids, and carbon dioxide ; in subsection
(b)by striking gas pipeline facility, or a hazardous liquid pipeline facility and inserting gas pipeline facility, a hazardous liquid pipeline facility, or a carbon dioxide pipeline facility ; and in subsection (d)(1)— in subparagraph
(A)by striking and at the end; and by adding at the end the following: related to a carbon dioxide pipeline facility may be used only for an activity related to carbon dioxide under chapter 601 of this title; and .
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Sec. 25
Carbon dioxide pipelines
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