Great Lakes Oil Spill Prevention Act
This bill establishes requirements for petroleum pipelines that cross the navigable waters of the Great Lakes system.
The Pipeline and Hazardous Materials Safety Administration and the Department of Transportation must meet certain reporting requirements regarding Great Lakes pipelines.
Owners and operators of Great Lakes pipelines must:
The bill establishes civil penalties for a delay in correcting violations, a failure to report violations, and a failure to meet a deadline to replace aging pipes.
The bill increases the liability of pipeline operators or owners who are responsible for discharges of oil pollution from pipelines into the Great Lakes. Responsible parties must establish and maintain evidence of financial responsibility sufficient to meet the maximum amount of liability to which the party may be subjected.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4787 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 4787
To impose additional requirements on portions of petroleum pipelines
that cross the waters of the Great Lakes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 12, 2018
Mr. Bishop of Michigan introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure, and in
addition to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To impose additional requirements on portions of petroleum pipelines
that cross the waters of the Great Lakes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Oil Spill Prevention
Act''.
SEC. 2. ADDITIONAL REQUIREMENTS FOR GREAT LAKES PIPELINES.
Chapter 601 of title 49, United States Code, is amended by adding
at the end the following:
``Sec. 60142. Standards for Great Lakes pipelines
``(a) Additional Oversight.--
``(1) Biannual phmsa report.--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.
``(2) Annual phmsa report.--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.
``(3) Annual department of transportation report.--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.
``(4) Availability of materials to state and local
agencies.--
``(A) In general.--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.
``(B) Exception for sensitive information.--
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.
``(b) Additional Standards.--
``(1) Maintenance requirements.--The owner and operator of
a Great Lakes pipeline shall adhere to the following
requirements with respect to a Great Lakes pipeline:
``(A) 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.
``(B) 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.
``(C) Install cathodic wrapping on such pipeline.
``(D) No holiday in cathodic wrapping may exceed 3
square inches.
``(E) Install enamel coating on such pipeline.
``(F) No holiday in enamel coating may exceed 3
square inches.
``(G) Maintain such pipeline without any corrosion.
``(H) Install and maintain the functional ability
to shut off the pressure of such pipeline in case of an
emergency.
``(2) Testing requirements.--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:
``(A) Conduct at least one in-line test, also known
as a `smart pig', to determine the integrity of the
interior of such pipeline.
``(B) Conduct at least one Remote Operated Vehicle
(ROV) inspection to determine the structural integrity
of the exterior of such pipeline.
``(C) Conduct at least one hydrostatic test to
determine the integrity and ability of such pipeline to
sustain pressure.
``(3) Company reporting requirements.--The operator and
owner of a Great Lakes pipeline shall--
``(A) 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--
``(i) the Administrator of PHMSA; and
``(ii) 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
``(B) provide notification of any tests conducted
pursuant to paragraph (2) to--
``(i) the Administrator of PHMSA; and
``(ii) 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.
``(4) Corrective action timelines.--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) 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.
``(B) 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.
``(C) 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.
``(5) Running of corrective action timeline.--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.
``(6) Special rule for corrosion.--
``(A) In general.--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.
``(B) Option to restart transmission.--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.
``(7) Special rule for aging pipelines.--
``(A) In general.--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).
``(B) Time period.--The time period described in
this subparagraph is--
``(i) 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
``(ii) for any other Great Lakes pipeline,
the 52-year period commencing on the date such
pipeline first transported petroleum or a
petroleum product.
``(c) Additional Penalties.--
``(1) In general.--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) 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.
``(B) 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.
``(C) 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.
``(D) A penalty for a violation of subsection
(b)(1)(D) may not be less than $100 and not more than
$1,000 a day.
``(E) A penalty for a violation of subsection
(b)(1)(E) may not be less than $1,000 and not more than
$10,000.
``(F) A penalty for a violation of subsection
(b)(1)(F) may not be less than $100 and not more than
$1,000.
``(G) 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.
``(H) A penalty for a violation of subsection
(b)(1)(H) may not be less than $500 and not more than
$1,000 a day.
``(2) Failure to submit required reports.--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.
``(3) Continued operation of aging pipeline.--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.
``(4) Treatment of penalties.--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).
``(d) Regulations; Effective Date.--
``(1) Regulations.--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.
``(2) Effective date.--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.''.
SEC. 3. ADDITIONAL LIABILITY FOR SPILLS.
(a) Definitions.--Section 1001 of the Oil Pollution Act of 1990 (33
U.S.C. 2701) is amended--
(1) by redesignating paragraphs (9), (10), (11), (12)
through (15), (16) through (24), (25), (26), (27), (28), (29),
(30), (31), (32), (33), (34) through (37), (38), (39), (40),
(41), (42), (43), and (44) as paragraphs (10), (13), (14), (17)
through (20), (22) through (30), (32), (33), (36), (35), (37),
(39), (38), (40), (41), (43) through (46), (34), (9), (11),
(12), (21), (31), and (42), respectively; and
(2) by inserting after paragraph (14) (as redesignated) the
following:
``(15) `Great Lakes pipeline' has the meaning given such
term in section 60101(a) of title 49, United States Code;
``(16) `Great Lakes system' has the meaning given such term
in section 60101(a) of title 49, United States Code;''.
(b) Liability for Great Lakes Pipelines.--Section 1004(a) of the
Oil Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) for a Great Lakes pipeline, the total of all removal
costs plus $75,000,000.''.
(c) Financial Responsibility Requirement for Great Lakes
Pipelines.--Section 1016(c) of the Oil Pollution Act of 1990 (33 U.S.C.
2716(c)) is amended--
(1) in the subsection heading, by inserting ``and Great
Lakes Pipelines'' after ``Facilities''; and
(2) by adding at the end the following:
``(3) Great lakes pipelines.--A responsible party with
respect to a Great Lakes pipeline shall establish and maintain
evidence of financial responsibility in the same manner as
described in paragraph (1).''.
SEC. 4. DEFINITIONS.
Section 60101(a) of title 49, United States Code, is amended--
(1) by striking ``and'' in paragraph (25);
(2) by striking the period at the end of paragraph (26) and
inserting ``;''; and
(3) by adding at the end the following:
``(27) `Great Lakes pipeline' means the portion of any
pipeline that--
``(A) is used in transporting petroleum or a
petroleum product; and
``(B) crosses the navigable waters of the Great
Lakes system;
``(28) `Great Lakes system' means Lake Ontario, Lake Erie,
Lake Huron (including Lake St. Clair), Lake Michigan, and Lake
Superior, and the connecting channels (Saint Mary's River,
Saint Clair River, Detroit River, Niagara River, and Saint
Lawrence River to the Canadian Border); and
``(29) `PHMSA' means the Pipeline and Hazardous Materials
Safety Administration.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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