OMB Approves PHMSA Pipeline Deregulation Final Rule

Yesterday the OMB’s Office of Information and Regulatory Affairs announced that had approved a final rule for DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) for “Gas Pipeline Regulatory Reform”. This rulemaking was sent to OIRA for review in October. The NPRM for this rulemaking was published in June of 2020.

According to the Fall 2020 Unified Agenda listing for this rulemaking:

“This rulemaking would amend the Pipeline Safety Regulations to adopt a number of actions that ease regulatory burdens on the construction and operation of gas transmission, gas distribution and gas gathering pipeline systems. These amendments include regulatory relief actions identified by internal agency review, existing petitions for rulemaking, and public comments on the Department of Transportation Regulatory Review and Transportation Infrastructure notices.”

This rulemaking is likely to be reviewed by the 117^th Congress under the Congressional Review Act (5 USC Chapter 8) and enforcement would be likely delayed by the Biden Administration.