Review - PHMSA Publishes Leak Detection NPRM

Today, the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (88 FR 31890-31979) for Pipeline Safety: Gas Pipeline Leak Detection and Repair. The rule implements requirements of the PIPES Act of 2020 (Division R, PL 116-260) and it would change the focus of PHMSA’s gas pipeline leak prevention regulatory program from one of stopping large leaks that present immediate fire and explosion hazards to the public to limiting smaller leaks that, over time, present a climate hazard by increasing greenhouse gas (methane) emissions.

Public Comments

PHMSA is soliciting public comments on the proposed rule. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov: Docket # PHMSA-2021-0039). Comments need to be submitted by July 17^th, 2023.

Commentary

This rulemaking will be an anathema to Congressional Republicans. I expect that it will not be long before we see legislation introduced in the House to prevent PHMSA from proceeding with this rulemaking. Such legislation would certainly pass in the House, and may pass in the Senate, but it would certainly be vetoed by President Biden. There are not enough votes in either house to overturn such a veto.

 

For more details about the provisions of this rulemaking, including a brief review of the underlying congressional mandate, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/phmsa-publishes-leak-detection-nprm - subscription required.