Offshore Pipeline Safety Act

IB Union Calendar No. 456 117TH CONGRESS 2D SESSION H. R. 2643 [Report No. 117–633] To require the Bureau of Safety and Environmental Enforcement to further develop, finalize, and implement updated regulations for offshore oil and gas pipelines to address long-standing limitations regarding its ability to ensure active pipeline integrity and address safety and environmental risks associated with decommissioning, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 19, 2021 Ms. BROWNLEY (for herself, Mr. GRIJALVA, and Mr. LOWENTHAL) introduced the following bill; which was referred to the Committee on Natural Resources DECEMBER 14, 2022 Additional sponsors: Ms. PORTER, Mr. LEVIN of California, Mr. COHEN, Ms. LEE of California, Mr. MCNERNEY, Mr. LIEU, Mr. QUIGLEY, Ms. ROSS, and Ms. MATSUI DECEMBER 14, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on April 19, 2021] VerDate Sep 11 2014 22:33 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2643.RH H2643 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2643 RH A BILL To require the Bureau of Safety and Environmental Enforce- ment to further develop, finalize, and implement updated regulations for offshore oil and gas pipelines to address long-standing limitations regarding its ability to ensure active pipeline integrity and address safety and environ- mental risks associated with decommissioning, and for other purposes. VerDate Sep 11 2014 22:33 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2643.RH H2643 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2643 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Offshore Pipeline Safety 4 Act’’. 5 SEC. 2. FINALIZATION OF REGULATIONS RELATED TO OFF- 6 SHORE PIPELINES. 7 Not later than 18 months after the date of enactment 8 of this Act, the Secretary of the Interior, acting through the 9 Director of the Bureau of Safety and Environmental En- 10 forcement, shall issue final regulations relating to Oil and 11 Gas and Sulphur Operations in the Outer Continental 12 Shelf—Pipelines and Pipeline Rights-of-Way (72 Fed. Reg. 13 56,442 (Oct. 3, 2007)). Such regulations shall require own- 14 ers of oil and gas pipelines subject to such regulations— 15 (1) to provide for internal and external inspec- 16 tions of pipelines by a third-party no less frequently 17 than every two years, unless the Director of the Bu- 18 reau determines that any such inspection is not re- 19 quired; and 20 (2) to equip such pipelines with a leak detection 21 system or device that provides continuous volumetric 22 comparison between the pipeline’s product input and 23 output and includes alarms and adequate sensitivity 24 to detect variations between input and discharge vol- 25 VerDate Sep 11 2014 22:33 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2643.RH H2643 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2643 RH umes to enable any leaks from the pipeline to be de- 1 tected as quickly as possible. 2 SEC. 3. ADDRESSING ENVIRONMENTAL RISKS OF DECOM- 3 MISSIONING PIPELINES. 4 (a) STUDY ON ENVIRONMENTAL RISKS OF DECOMMIS- 5 SIONING PIPELINES VERSUS REMOVING PIPELINES.— 6 (1) STUDY.—The Directors of the Bureau of 7 Safety and Environmental Enforcement and the Bu- 8 reau of Ocean Energy Management shall jointly con- 9 duct a study to evaluate the environmental benefits 10 and risks associated with decommissioning oil and 11 gas pipelines in place on the sea floor compared to re- 12 moving such pipelines. Such study shall include— 13 (A) an evaluation of pipelines that have 14 been decommissioned in place, identifying de- 15 commissioned pipelines at high-risk of causing 16 safety and environmental harm, causing obstruc- 17 tions, or otherwise unduly interfering with 18 present or future uses of the outer continental 19 shelf; and 20 (B) recommendations on the best uses of the 21 revenues generated by the annual pipelines fees 22 as authorized by subsection (d). 23 (2) REPORT.—Not later than 18 months after the 24 date of enactment of this Act, the Directors shall 25 VerDate Sep 11 2014 22:33 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2643.RH H2643 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2643 RH transmit a report to the Committee on Natural Re- 1 sources of the House of Representatives and the Com- 2 mittee on Energy and Natural Resources of the Sen- 3 ate, detailing the findings and determinations of the 4 study, including any recommendations for legislation. 5 (b) REQUIRED CONSIDERATIONS IN REVIEWING DE- 6 COMMISSIONING APPLICATIONS.—In determining whether 7 to permit an owner to decommission an oil or gas pipeline, 8 the Bureau of Safety and Environmental Enforcement, 9 shall fully consider whether the offshore oil and gas pipeline 10 constitutes a hazard to navigation and commercial and rec- 11 reational fishing operations, unduly interferes with other 12 uses of the outer continental shelf, or has adverse environ- 13 mental effects. 14 (c) ONGOING MONITORING OF DECOMMISSIONED PIPE- 15 LINES.—The Bureau of Safety and Environmental Enforce- 16 ment shall continually monitor the condition and location 17 of all oil and gas pipelines that have been decommissioned 18 and remain in place, and shall maintain all relevant 19 records of such monitoring. 20 (d) ANNUAL PIPELINE OWNERS FEE.—Not later than 21 180 after the date of enactment of this Act, the Bureau of 22 Safety and Environmental Enforcement shall issue regula- 23 tions to assess an annual fee on owners of offshore oil and 24 gas pipelines for the purpose of providing the Bureau with 25 VerDate Sep 11 2014 22:33 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2643.RH H2643 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2643 RH funds to decommission or remove such pipelines in the event 1 an owner files for bankruptcy. Such fee shall be no less 2 than— 3 (1) $10,000 per mile for such pipelines in water 4 with a depth of 500 feet or greater; and 5 (2) $1,000 per mile for pipelines in water depth 6 of under 500 feet. 7 SEC. 4. REQUIREMENT RELATING TO EXPOSED SEGMENTS 8 OF OFFSHORE PIPELINES. 9 If the Bureau of Safety and Environmental Enforce- 10 ment identifies any exposed segment of any active or decom- 11 missioned pipeline, the Bureau shall either remove the pipe- 12 line from the ocean or ensure it is properly decommissioned 13 and does not pose a threat. If a segment of any active pipe- 14 line is exposed or shifts, the Bureau shall re-secure such seg- 15 ment to the sea floor. 16 SEC. 5. COMPLETION OF STUDY RELATING TO ENVIRON- 17 MENT RISKS OF CHEMICAL PRODUCTS USED 18 IN OIL AND GAS OPERATIONS. 19 (a) COMPLETION OF STUDY.—The Bureau of Safety 20 and Environmental Enforcement shall complete a study ad- 21 dressing the risks to the environment of chemical products 22 used in oil and gas operations including umbilical lines. 23 In conducting the study, the Bureau shall seek input from 24 chemical suppliers and the oil and gas industry. 25 VerDate Sep 11 2014 22:33 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2643.RH H2643 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2643 RH (b) REPORT.—Not later than two years after the date 1 of enactment of this Act, the Bureau shall transmit a report 2 of the findings and determinations in such study to Con- 3 gress, including any recommendations for legislation. 4 SEC. 6. EFFECTIVE DATE. 5 No provision of this Act shall take effect without con- 6 sidering whether such action will result in a reduction of 7 reef fish habitat. 8 VerDate Sep 11 2014 22:33 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2643.RH H2643 kjohnson on DSK79L0C42PROD with BILLS Union Calendar No. 456 117TH CONGRESS 2D SESSION H. R. 2643 [Report No. 117–633] A BILL To require the Bureau of Safety and Environ- mental Enforcement to further develop, finalize, and implement updated regulations for offshore oil and gas pipelines to address long-standing limitations regarding its ability to ensure active pipeline integrity and address safety and environ- mental risks associated with decommissioning, and for other purposes. DECEMBER 14, 2022 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 22:33 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H2643.RH H2643 kjohnson on DSK79L0C42PROD with BILLS