OMB Approves PHMSA CO2 Pipeline NPRM

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking (NPRM) from DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) on “Pipeline Safety: Safety of Carbon Dioxide and Hazardous Liquid Pipelines”. The NPRM was sent to OIRA on February 1^st, 2024. DOT was directed by Congress (§15 of PL 112-90, 125 STAT. 1915) to initiate this rulemaking.

According to the Spring 2024 Unified Agenda entry for this rulemaking:

“This Proposed rulemaking would amend PHMSA's Pipeline Safety Regulations (49 CFR parts 190-199) to adopt revisions that would enhance the safe transportation of carbon dioxide by pipelines to accommodate an anticipated increase in the number of carbon dioxide pipelines and volume of carbon dioxide transported. Also, this proposed rulemaking would include requirements related to emergency preparedness and response for carbon dioxide. PHMSA engaged in public outreach related to this rulemaking.  For more details, please see the Unified Agenda preamble.”

The DOT preamble to the Unified Agenda mentioned above noted (pgs 2-3):

“In addition, for its rulemaking on safe transportation of carbon dioxide (CO2) by pipelines, PHMSA held a public meeting on May 31 and June 1, 2023, to discuss CO2 pipeline safety and inform this rulemaking, including receiving feedback from members of the public, Tribal government representatives, Tribal advocacy representatives, State pipeline safety program representatives, pipeline safety advocacy groups, first responders and emergency response organizations, and industry experts.”

Part of the reason for the delay between this NPRM being submitted to OIRA and yesterday's approval is due to the large number of EO 12866 Meetings requested with OIRA. There were 42 meetings requested between February 21^st and August 22^nd, 2024. These meetings are requested individuals or organizations that wish to provide OIRA with data to better inform their decisions.

This NPRM is likely to be published before January 20^th. Whether PHMSA continues to work on this rulemaking after that date is less certain. The predicted increase in CO2 pipelines has been driven in large part by the environmental priorities of the Biden Administration. The Trump DOT will likely be more focused on gas and oil pipelines than on moving CO2.