,,ii  #aagth ,,congress  #b;d ,session  
,s4 #dbdh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #ah       
7legislative day1 ,may #ag71 #bjbb,mr4  
,peters introduced the following bill2  
which was read twice and referred to the
 ,committee on ,commerce1 ,science1 and 
,transportation  ,a ,,bill  ,to enhance 
pipeline safety and oil spill           
preparedness and response1 particularly 
in the ,great ,lakes ,basin1 and for    
other purposes4  #a4 ,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 ,act4  #b4 ,definitions ,in this
 ,act3 7#a7 ,administration ,the term   
,administration means the ,pipeline and 
,hazardous ,materials ,safety           
,administration4  7#b7 ,administrator   
,the term ,administrator means the      
,administrator of the ,administration4  
7#c7 ,best available technology ,the    
term best available technology1 with    

respect to a pipeline1 means            
commercially available technology that1 
in the determination of the             
,administrator1 provides the greatest   
degree of protection with respect to    
limiting the quantity of release in the 
event of a leak or spill1 taking into   
consideration whether the technology--  
7,a7 is currently in use by pipeline    
operators2 and  7,b7 can be readily     
purchased for use in the ,united        
,states4  7#d7 ,center ,the term ,center
 means the ,center of ,expertise for    
,great ,lakes ,oil ,spill ,preparedness 
and ,response established under section 
#hjg7;a7 of the ,frank ,lo,biondo ,coast
 ,guard ,authorization ,act of #bjah    
7,public ,law #aae-bhb2 #ad ,u4,s4,c4   
#cac note74  7#e7 ,high consequence area
 ,the term high consequence area has the
 meaning given the term in section      
#aie4dej of title #di1 ,code of ,federal
 ,regulations 7or a successor           
regulation74  7#f7 ,secretary ,the term 
,secretary means the ,secretary of      

,transportation4  7#g7 ,under ,secretary
 ,the term ,under ,secretary means the  
,under ,secretary of ,commerce for      
,oceans and ,atmosphere4  #c4           
,adjustment of ,,phmsa employee pay     
rates  7a7 ,establishment of pay rates  
,subject to section #ecgc of title #e1  
,united ,states ,code1 and              
notwithstanding any other provision of  
law1 to ensure that the ,administration 
is able to competitively attract and    
retain employees1 including employees   
with the greatest talent with respect to
 the inspection of pipelines1 the       
,secretary may establish1 in accordance 
with this section1 higher minimum rates 
of basic pay for the employees of the   
,administration described in subsection 
7b74  7b7 ,employees described ,the     
employees of the ,administration        
referred to in subsection 7a7 are1 as   
the ,secretary determines to be         
appropriate1 #a or more of the          
following3 7#a7 ,employees in a job     
series the duties of which are          

comparable1 in the determination of the 
,secretary1 to the duties of a job      
series described in section #aba7;c7 of 
title ,i of division ,e of the          
,consolidated ,appropriations ,act1     
#bjab 7,public ,law #aab-gd2 #abe ,stat4
 #ajab74  7#b7 ,employees that are      
,,gs-#jhja series ,general ,engineers4  
7#c7 ,employees in a job series the     
duties of which involve-- 7,a7 the      
inspection of pipelines2 or  7,b7 the   
enforcement of laws 7including          
regulations7 relating to pipelines4  7c7
 ,requirement ,a rate of basic pay      
established under subsection 7a7 shall  
be-- 7#a7 with respect to employees in a
 job series described in subsection     
7b77#a71 equal to the rate of basic pay 
established by the ,secretary of the    
,interior under section #aba7;c7 of     
title ,i of division ,e of the          
,consolidated ,appropriations ,act1     
#bjab 7,public ,law #aab-gd2 #abe ,stat4
 #ajab71 for the employees of the       
,department of the ,interior in the     

applicable job series described in that 
subsection2 and  7#b7 with respect to   
employees in a job series described in  
paragraph 7#b7 or 7#c7 of subsection    
7b7-- 7,a7 commensurate with the rate of
 basic pay established by the ,secretary
 of the ,interior under section #aba7;c7
 of title ,i of division ,e of the      
,consolidated ,appropriations ,act1     
#bjab 7,public ,law #aab-gd2 #abe ,stat4
 #ajab71 for the job series that1 in the
 determination of the ,secretary1 is    
most comparable to the applicable job   
series described in paragraph 7#b7 or   
7#c7 of that subsection2  7,b7 not more 
than #cj percent above the minimum rate 
of basic pay normally scheduled for the 
applicable employee2 and  7,c7          
consistent with subsections 7e7 through 
7j7 of section #ecje of title #e1       
,united ,states ,code4  7d7 ,timing of  
adjustment  7#a7 ,in general            
,notwithstanding any other provision of 
law1 if the ,secretary of the ,interior 
establishes a new minimum rate of basic 

pay under section #aba7;c7 of title ,i  
of division ,e of the ,consolidated     
,appropriations ,act1 #bjab 7,public    
,law #aab-gd2 #abe ,stat4 #ajab71 after 
the date of enactment of this ,act1 the 
,secretary1 beginning on the date on    
which the ,secretary of the ,interior   
establishes that new minimum rate of    
basic pay1 may establish-- 7,a7 a new   
minimum rate of basic pay under         
subsection 7a7 for applicable employees 
of the ,administration2 and  7,b7 an    
effective date for that new minimum rate
 of basic pay1 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 ,interior4  7#b7 
,initial establishment ,not later than  
#de days after the date of enactment of 
this ,act1 the ,secretary shall-- 7,a7  
determine whether the ,secretary of the 
,interior has established a higher      
minimum rate of basic pay under section 
#aba7;c7 of title ,i of division ,e of  

the ,consolidated ,appropriations ,act1 
#bjab 7,public ,law #aab-gd2 #abe ,stat4
 #ajab72 and  7,b7 if applicable1       
establish-- 7i7 a minimum rate of basic 
pay under subsection 7a7 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        
section2 and  7ii7 an effective date for
 that minimum rate of basic pay1 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  
7i74  7e7 ,prior approval not required  
,notwithstanding any other provision of 
law1 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 section4   

7f7 ,clarification ,the authority to    
establish a higher minimum rate of basic
 pay under this section is in addition  
to the authority provided by section    
#ajb7;c7 of the ,,pipes ,act of #bjbj   
7#di ,u4,s4,c4 #fjaja note2 ,public ,law
 #aaf-bfj74  7g7 ,conforming amendment  
,section #ajb7;c7 of the ,,pipes ,act of
 #bjbj 7#di ,u4,s4,c4 #fjaja note2      
,public ,law #aaf-bfj7 is amended by    
adding at the end the following3  7#d7  
,requirement ,the rate of pay for an    
employee of the ,administration         
described in any of paragraphs 7#a7     
through 7#c7 of subsection 7b7 of       
section #c of the ,,protect ,our ,great 
,lakes ,act shall be the highest of--   
7,a7 any applicable special pay rate    
established under paragraph 7#a72  7,b7 
any applicable minimum rate of basic pay
 established under subsection 7a7 of    
that section2 and  7,c7 the rate of pay 
otherwise applicable to the employee4  4
  #d4 ,oil spill response plans  7a7    
,purposes ,the purposes of this section 

are-- 7#a7 to strengthen the            
preparedness of owners and operators of 
onshore oil pipeline facilities for     
releases of oil from pipelines2 and     
7#b7 to ensure that oil spill response  
plans submitted to the ,administrator   
under part #aid of title #di1 ,code of  
,federal ,regulations 7or successor     
regulations71 adequately anticipate and 
ensure an adequate response to spills of
 diluted bitumen4  7b7 ,definitions ,in 
this section1 the terms ,on-,scene      
,coordinator1 operator1 and response    
plan have the meanings given those terms
 in section #aid4e of title #di1 ,code  
of ,federal ,regulations 7as in effect  
on the date of enactment of this ,act74 
7c7 ,rulemaking ,not later than #ij days
 after the date of enactment of this    
,act1 the ,secretary1 acting through the
 ,administrator1 shall revise part #aid 
of title #di1 ,code of ,federal         
,regulations-- 7#a7 to require response 
plans-- 7,a7 to identify1 using         
industry-standard names1 such as ,cold  

,lake ,blend1 all of the crude oils     
transported by the operator1 including  
diluted bitumen2  7,b7 to include safety
 data sheets for each of the crude oils 
identified in the response plan2  7,c7  
to adequately describe the geographic   
areas most sensitive to the effects of a
 diluted bitumen spill1 including the   
water bodies potentially at risk2  7,d7 
to describe in sufficient detail the    
response activities planned and         
resources available to mitigate the     
impacts of spills of diluted bitumen1 if
 applicable1 including the capabilities 
of the operator for detection1          
containment1 and recovery of submerged  
and sunken oil2 and  7,e7 to specify the
 procedures by which the operator will--
 7i7 not later than #f hours after a    
spill has been detected1 provide to the 
applicable ,on-,scene ,coordinator or an
 equivalent ,state official information 
identifying the source and              
industry-standard name of any spilled   
diluted bitumen2 and  7ii7 not later    

than #bd hours after the spill1 or      
whenever the operator and the applicable
 ,on-,scene ,coordinator agree it is    
safe to do so1 provide to the ,on-,scene
 ,coordinator or an equivalent ,state   
official1 on request-- 7,i7 a #a-liter  
sample drawn from the batch of oil      
spilled2 and  7,,ii7 specific           
compositional information on the        
diluent2  7#b7 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 7#a77;,a72    
7#c7 to require the ,administrator--    
7,a7 to consult with the ,administrator 
of the ,environmental ,protection       
,agency or the ,commandant of the ,coast
 ,guard1 or both1 as applicable1 with   
respect to whether response plans       
submitted to the ,administrator under   
that part meet the requirements in order

 to respond to spills of diluted        
bitumen2 and  7,b7 to conduct reviews of
 response plans for pipelines carrying  
diluted bitumen to ensure the response  
plans comply with requirements under    
that part prior to approval2 and  7#d7  
to require operators to provide to the  
,administrator1 and make publicly       
available on the website of the         
operator1 annual reports that describe--
 7,a7 the volumes of diluted bitumen1   
light1 medium1 and heavy crude oils1 and
 any other crude oils carried by each   
pipeline of the operator2 and  7,b7 the 
pipeline sections transporting the      
diluted bitumen and other crude oils    
described in subparagraph 7,a74  #e4    
,best available technology for          
monitoring and shutting off certain     
pipelines  7a7 ,rulemaking  7#a7 ,in    
general ,not later than #b years after  
the date of enactment of this ,act1 the 
,secretary1 acting through the          
,administrator1 shall promulgate        
regulations requiring each operator of a

 pipeline located in a high consequence 
area to implement1 subject to subsection
 7d71 the best available technology     
for-- 7,a7 real-time monitoring of the  
pipeline through pressure monitoring at 
shutoff valves1 product flow monitoring1
 or product wave flow monitoring2  7,b7 
shutting off the pipeline2 and  7,c7    
isolating product flow through the      
installation of shutoff valves1         
including 7subject to section #fjajd7;b7
 of title #di1 ,united ,states ,code1 if
 applicable7 on existing pipelines1 if  
determined to be appropriate by the     
,administrator1 for purposes of-- 7i7   
implementing the best available         
technology for the activities described 
in subparagraphs 7,a7 and 7,b72 and     
7ii7 isolating any release in the event 
of a leak or spill4  7#b7 ,rulemaking   
process ,notwithstanding any other      
provision of law1 the requirements of   
paragraphs 7#b77;,d71 7#b77;,e71        
7#c77;,b71 and 7#e7 of section          
#fjajb7;b7 of title #di1 ,united ,states

 ,code1 shall not apply to the          
rulemaking required under paragraph 7#a7
 or any proceeding to revise the        
regulations promulgated under that      
paragraph4  7b7 ,best available         
technology  7#a7 ,in general ,subject to
 paragraphs 7#b7 and 7#c71 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 spill1
 the best available technology for a    
pipeline described in subsection 7a77#a7
 shall include-- 7,a7 #a or more leak   
detection technologies1 such as through 
pressure monitoring at shutoff valves1  
product flow monitoring1 product        
detection1 or product flow wave         
monitoring2  7,b7 #a or more automatic  
shutoff systems with pressure monitoring
 at the shutoff systems that communicate
 to1 as applicable-- 7i7 the appropriate
 control room 7as defined in section    
#aib4c of title #di1 ,code of ,federal  

,regulations 7or a successor            
regulation772 or  7ii7 the appropriate  
control room 7as defined in section     
#aie4b of that title 7or a successor    
regulation772  7,c7 remote-controlled   
sectionalized block valves with pressure
 monitoring at shutoff valves2 or  7,d7 
a combination of technologies described 
in subparagraphs 7,a7 through 7,c74     
7#b7 ,alternative protections ,in areas 
where it is not technically feasible to 
implement the technologies descried in  
paragraph 7#a7 due to lack of power or  
communications capabilities for         
installing the necessary control        
equipment1 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 7a77#a74
  7#c7 ,applicability  7,a7 ,in general 
,subject to subparagraph 7,b7 and       
subsection 7d71 the ,administrator shall

 establish requirements relating to the 
diameter1 flow volume1 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 7#a7
 or an alternative protection           
established under paragraph 7#b7 with   
respect to the pipeline4  7,b7          
,requirement ,in establishing           
requirements relating to diameter1 flow 
volume1 and operating pressure under    
subparagraph 7,a71 the ,administrator   
shall ensure that each operator         
described in subsection 7a77#a7 is      
required to implement at least #a       
technology described in paragraph 7#a7  
or #a alternative protection established
 under paragraph 7#b7 with respect to   
each pipeline of the operator that is   
located in a high consequence area4     
7#d7 ,risk analysis  7,a7 ,in general   
,not later than #b years after the date 
of enactment of this ,act1 and not less 

frequently than once every #e years     
thereafter1 each operator of a pipeline 
described in subsection 7a77#a7 shall   
submit to the ,administrator a risk     
analysis with respect to the pipeline4  
7,b7 ,requirement ,a risk analysis      
submitted under subparagraph 7,a7 shall 
include a description of the technology 
that1 in the assessment of the operator 
and in light of the risks identified in 
that risk analysis1 is the best         
available technology for-- 7i7          
monitoring and shutting off the         
applicable pipeline2 and  7ii7 isolating
 any release in the event of a leak or  
spill4  7,c7 ,determination of best     
available technology ,in making a       
determination of the best available     
technology for monitoring and shutting  
off each pipeline described in          
subsection 7a77#a71 the ,administrator  
shall consider the risk analysis        
submitted by the operator of the        
pipeline under this paragraph4  7c7     
,requirement ,the ,administrator shall  

establish a process for determining     
whether an operator described in        
subsection 7a77#a7 has complied with the
 regulations promulgated under that     
subsection1 including a process for     
determining whether the technology used 
by the operator is the best available   
technology for-- 7#a7 monitoring each   
applicable pipeline of the operator2    
7#b7 shutting off each applicable       
pipeline of the operator2 and  7#c7     
isolating any releases from each        
applicable pipeline of the operator in  
the event of a leak or spill4  7d7      
,exemptions  7#a7 ,compliance deadlines 
,the ,administrator may grant to an     
operator described in subsection 7a77#a7
 an exemption from a compliance deadline
 established under this section if the  
operator-- 7,a7 submits to the          
,administrator a request for an         
exemption from the deadline2 and  7,b7  
demonstrates to the satisfaction of the 
,administrator that more time is needed 
to comply with the requirement to which 

the deadline relates4  7#b7 ,monitoring 
requirements  7,a7 ,in general ,the     
,administrator may grant to an operator 
described in subsection 7a77#a7 an      
exemption from a monitoring requirement 
established under this section if the   
operator-- 7i7 submits to the           
,administrator a request for an         
exemption from the monitoring           
requirement2 and  7ii7 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 economically1         
technically1 or operationally feasible4 
7,b7 ,alternative compliance ,the       
,administrator shall require an operator
 receiving a waiver under subparagraph  
7,a7 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 spill4
  7,c7 ,application ,a waiver under     

subparagraph 7,a7 shall not apply to any
 applicable requirement to implement the
 best available technology for-- 7i7    
shutting off a pipeline once the        
operator is aware of a leak or spill2 or
  7ii7 isolating any release from a leak
 or spill of which the operator is      
aware4  #f4 ,acceptance of gifts and    
bequests by the ,under ,secretary of    
,commerce for ,oceans and ,atmosphere   
7a7 ,authority ,the ,under ,secretary   
may accept1 hold1 administer1 and       
utilize gifts and bequests of property1 
both real and personal1 for the purposes
 of aiding or facilitating the work of  
the ,national ,oceanic and ,atmospheric 
,administration or the ,center1         
including by carrying out research      
related to the ,center and the impacts  
of oil spills in freshwater environments
 such as the ,great ,lakes ,basin4  7b7 
,separate fund2 disbursements ,gifts and
 bequests of money described in         
subsection 7a7 and the proceeds from    
sales of other property received as     

gifts or bequests under that subsection 
shall be-- 7#a7 deposited in the        
,treasury in a separate fund2 and  7#b7 
available to the ,under ,secretary for  
the purposes described in subsection 7a7
 without further appropriation4  7c7    
,scientific excellence and scientific   
integrity ,in carrying out any activity 
using a gift or bequest described in    
subsection 7a7 or the proceeds of a sale
 of property received as a gift or      
bequest under that subsection1 the      
,under ,secretary shall-- 7#a7 ensure a 
continuing culture of scientific        
excellence and scientific integrity     
intended to strengthen confidence in the
 quality1 validity1 and reliability of  
science administered by the ,national   
,oceanic and ,atmospheric               
,administration2 and  7#b7 abide by the 
scientific integrity policy of the      
,national ,oceanic and ,atmospheric     
,administration4  7d7 ,coordination ,the
 ,under ,secretary and the ,commandant  
of the ,coast ,guard shall coordinate   

activities described in subsection 7c7--
 7#a7 to optimize data collection1      
sharing1 and integration2 and  7#b7 to  
minimize duplication4  7e7              
,clarification ,nothing in this section 
affects the application of ,united      
,states copyright law4