Safety of carbon dioxide pipelines
Title I — Safety and environmental protections
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(a) Definitions In this section: (1) High consequence area The term high consequence area has the meaning given the term in section 192.903 of title 49, Code of Federal Regulations (or a successor regulation). (2) Potential impact area The term potential impact area means the area in which the potential failure of a pipeline transporting carbon dioxide may be expected to have significant impact on persons, property, or the environment. (3) Report The term report means the report of the Accident Investigation Division of the Office of Pipeline Safety of the Administration entitled Failure Investigation Report—Denbury Gulf Coast Pipelines LLC—Pipeline Rupture/Natural Force Damage and dated May 26, 2022. (b) Completion of rulemaking (1) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall— (A) complete the rulemaking proceeding relating to the notice of proposed rulemaking issued on January 10, 2025, entitled Pipeline Safety: Safety of Carbon Dioxide and Hazardous Liquid Pipelines (Docket No. PHMSA–2022–0125; RIN 2137–AF60); and (B) issue a final rule pursuant to that rulemaking proceeding, subject to the conditions that— (i) in completing the rulemaking proceeding and issuing the final rule, the Secretary shall take into consideration the measures described in paragraph (2); and (ii) any substantive differences between the final rule and the proposed rule, as published by the Administration on January 10, 2025— (I) effectuate a measure described in paragraph (2); and (II) are responsive to the findings and recommendations in the report. (2) Measures for consideration In carrying out paragraph (1), the Secretary shall consider, and may effectuate, the following measures: (A) The establishment of minimum safety standards for all phases of carbon dioxide pipeline transportation. (B) The development of appropriate standards for the determination of— (i) a potential impact area, which may include the use of plume dispersion models and consideration of the impacts of local weather and topography; (ii) the area in which a rupture may cause a sufficient concentration of carbon dioxide to create a risk of fatality; (iii) high consequence areas; (iv) pipeline segments that could affect high consequence areas; and (v) the acceptable level of contaminants in the pipeline. (C) The development and required use of an effective, appropriate, and unique odorant, or other effective and appropriate means of leak detection, as determined through research and development. (D) The establishment of measures to ensure effective fracture propagation protection, including requirements relating to— (i) material toughness; and (ii) the use of fracture arrestors. (E) The establishment of detailed safety standards for the conversion of existing pipelines for use in transporting carbon dioxide. (F) The establishment of guidelines for emergency response plans and emergency responder training for carbon dioxide pipeline leaks, ensuring that the relevant portions of emergency response plans are available to relevant emergency responders. (3) Other considerations In carrying out paragraph (1), including with respect to the matters described in paragraph (2), the Secretary shall consider— (A) which measures will ensure the maximum protection of— (i) public health; (ii) pipeline integrity; and (iii) the environment and public safety, consistent with section 60102 of title 49, United States Code; and (B) whether the measures are responsive to the findings and recommendations in the report. (c) Other regulations Not later than 2 years after the date of enactment of this Act, the Secretary shall promulgate regulations— (1) requiring operators of carbon dioxide pipelines— (A) to identify and assess geohazards during initial pipeline siting; (B) to monitor for changes in hazardous conditions that could impact pipeline safety; and (C) to take preventive and mitigative measures as appropriate; (2) establishing reporting requirements relating to— (A) the location of carbon dioxide pipelines and related facilities; (B) the phase and material being transported through those pipelines, including the type and quantity of contaminants; and (C) how those pipelines and contents are inspected; (3) establishing standards and notification requirements for cases in which the material being transported by a carbon dioxide pipeline is not pure carbon dioxide; (4) requiring operators of carbon dioxide pipelines to notify and coordinate with relevant Federal, State, local, and Tribal officials and responders when there is an incident or accident; and (5) requiring operators of carbon dioxide pipelines to notify individuals within the relevant potential impact area of the hazards posed by carbon dioxide pipelines and measures to take in the event of a pipeline rupture. (d) Training and other resources The Secretary shall provide training and other resources to relevant local emergency responders that is tailored specifically to carbon dioxide pipeline ruptures, including information on the potential impact area, any relevant odorants, the health implications of exposure to high concentrations of carbon dioxide, and the impact of high concentrations of carbon dioxide on vehicle functioning.