Pipeline Law

Pipeline Law

Category Archives: Administrative Rulemaking

Subscribe to Administrative Rulemaking RSS Feed

Volatility of Petroleum Products: Deadline Extended for Submitting Comments on PHMSA ANPRM

Posted in Administrative Rulemaking, PHMSA, Policy
PHMSA is extending the deadline for comments due today (March 21, 2017) on the Advance Notice of Proposed Rulemaking (ANPRM) issued on January 18, 2017. The new deadline for comments is May 19, 2017. The ANPRM was issued in response to a petition for rulemaking filed by state of New York, enquiring about risks posed by transport of petroleum by means other than pipeline, specifically by rail, and whether to establish vapor pressure standards for the transportation of crude oil. The ANPRM requested comments on whether a national standard should be developed for vapor pressure of crude oil, including the potential safety benefits and costs of establishing a standard. The intent of the ANPRM is to evaluate measures to reduce risk of fire and explosion in non-pipeline transport of crude oil such as a national vapor pressure standard and, if so, adopt appropriate threshold recommendations for the standard.… Continue Reading

Texas Challenges PHMSA Underground Natural Gas Storage Rule

Posted in Administrative Rulemaking, Natural Gas, PHMSA, Pipeline Safety Act
The state of Texas and the Texas Railroad Commission have petitioned the Fifth Circuit Court of Appeals to review PHMSA’s interim final rule regulating underground natural gas storage facilities. As required by the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016, PHMSA published an interim final rule last December establishing minimum federal safety standards for underground natural gas storage facilities, which became effective in January. Such facilities have come under increased scrutiny since the 2015 Aliso Canyon storage field leak that lasted almost four months.… Continue Reading

Fate of Extensive Liquid Pipeline Final Rule Uncertain

Posted in Administrative Rulemaking, Integrity Management, Operation & Maintenance, PHMSA
During the last week of the Obama Administration, PHMSA released a pre-publication copy of the hazardous liquid pipeline safety final rule, which has been six years in the making. The rulemaking was intended to address issues raised by several sources: high profile pipeline accidents; directives contained in amendments to the Pipeline Safety Act; and recommendations from the NTSB and GAO. The final rule would implement many significant and expansive inspection and reporting requirements, including periodic integrity assessments and leak detection for pipelines outside of high consequence areas (HCAs), inspections of pipelines after extreme weather events, expanded reporting, and more stringent integrity management repair and data collection requirements.… Continue Reading

New Executive Order Requires Agencies to Withdraw 2 Regulations for Every 1 Proposed

Posted in Administrative Guidance, Administrative Rulemaking, PHMSA, Pipeline Safety Act, Policy
President Trump signed another Executive Order (EO) on January 30, 2017, entitled Reducing Regulation and Controlling Regulatory Costs. The new EO, applicable to the entire Executive Branch, including all federal administrative agencies, makes a straightforward directive: “…for every one new regulation issued, at least two prior regulations be identified for elimination.” The Order goes on to state that the costs associated with any new regulations may not exceed the savings realized by repealing at least two prior regulations (“the total incremental cost of all new regulations…shall be no greater than zero.”).… Continue Reading

Regulatory Freeze issued by New Administration

Posted in Administrative Guidance, Administrative Rulemaking, Integrity Management, PHMSA, Pipeline Safety Act
On the first day of the new Trump Administration, Chief of Staff Reince Priebus issued a Memorandum to the heads of all Executive Departments and Agencies, requesting that all federal agencies suspend transmittal of any new proposed or final rules to the Office of the Federal Register (OFR) until the new Administration’s Agency appointees have… Continue Reading

Underground Natural Gas Storage Interim Final Rule Issued

Posted in Administrative Rulemaking, Construction & Design, Natural Gas, Operation & Maintenance, PHMSA, Pipeline Safety Act, Reporting Obligations
PHMSA has issued an interim final rule (IFR) to establish – for the first time ever – minimum federal standards for underground natural gas storage facilities. The IFR imposes significant new requirements in a short timeframe for “downhole facilities,” including wells, wellbore tubing and casings at underground natural gas storage facilities.… Continue Reading

Emergency Order Interim Regulations Released

Posted in Administrative Rulemaking, Enforcement, PHMSA, Pipeline Safety Act
Taking the first step to implement its new emergency order authority, PHMSA has issued an interim final rule which will be effective immediately upon publication in the Federal Register. Final rules must be issued by March 19, 2017, but PHMSA will accept and consider comments filed within 60 days of publication. … Continue Reading

Comment Period Extended 30 Days for PHMSA Gas Proposed Rule

Posted in Administrative Rulemaking, Integrity Management, Natural Gas, PHMSA, Recordkeeping, Reporting Obligations
PHMSA announced that it will extend the comment period on its proposed gas rule by only 30 days, with comments due on or before July 7, 2016.  Due to the scope and complexity of the proposal, numerous parties requested a 60 day extension of the comment period.  In granting the 30 day extension, PHMSA noted… Continue Reading

Expansive Proposed Rulemaking Issued by PHMSA for Natural Gas Pipelines

Posted in Administrative Rulemaking, Construction & Design, Integrity Management, Natural Gas, Operation & Maintenance, PHMSA, Pipeline Safety Act, Recordkeeping, Reporting Obligations
PHMSA has released a Notice of Proposed Rulemaking (NPRM or Notice) to substantially revise that Agency’s rules (at 49 CFR Part 192) for construction, operation and maintenance of natural gas pipeline systems. … Continue Reading

BLM Proposes Sweeping Rules to Curb Methane Emissions

Posted in Administrative Rulemaking, Environmental, Natural Gas, Policy
Consistent with President Obama’s “Climate Action Plan,” the Bureau of Land Management (BLM) recently released proposed rules intended to significantly curb emissions from new and existing oil and gas production wells on federal and tribal lands. In total, BLM proposes to cut natural gas emissions (from both intentional and unintentional releases) associated with oil and gas… Continue Reading

Crude Oil Export Ban Repealed

Posted in Administrative Rulemaking, Federal/ State Legislation, PHMSA, Pipeline Safety Act, Policy
Congress passed a $1.1 trillion spending bill (H.R. 2029) that contains a provision to end the United States’ ban on crude oil exports and earmarks for funding the federal pipeline safety program.  The measure passed in the House (316-113) and the Senate (64-33) on Friday, December 18, and was signed by President Obama later that… Continue Reading

Emergency Approval Issued by DOT

Posted in Administrative Guidance, Administrative Rulemaking, Incident Response, Policy
At an emergency press conference held today by the United States Department of Transportation (DOT), Secretary of Transportation Anthony Foxx announced that DOT has issued a one-time approval for special operating authority to engage in air transportation to specified markets.  The approval will be limited in duration, valid only from the evening of December 24… Continue Reading

Senate Pipeline Safety Act Reauthorization Bill Advances

Posted in Administrative Rulemaking, Federal/ State Legislation, Integrity Management, PHMSA, Pipeline Safety Act
A bipartisan group of Senators who serve on the Senate Committee on Commerce, Science and Transportation introduced a Pipeline Safety Act reauthorization bill in November, the Securing America’s Future Energy: Protecting Infrastructure of Pipelines and Enhancing Safety (SAFE PIPES) Act [link], Senate Bill 2276. That bill was approved by the Committee on December 9, 2015 with five amendments. … Continue Reading

New Construction Inspection Rule Delayed Indefinitely; Pressure Vessel Testing Exception Under Consideration

Posted in Administrative Rulemaking, PHMSA
In a recent Final Rule, PHMSA delayed indefinitely the effective date of its new amendment to 49 C.F.R. Part 192.305 concerning construction inspections, and agreed to consider an exception to the new requirement in Part 192.153(e) that ASME pressure vessels be pressure tested at 1.5 times MAOP.… Continue Reading