Last month Rep Peters (D,CA) introduced HR 4818,
the Gas Pipeline Leak Detection and Repair Act of 2025. The bill would provide
an effective date for the “the final rule of the Pipeline and Hazardous
Materials Safety Administration issued under section 60102(q) of title 49,
United States Code, on January 17, 2025, relating to “Pipeline Safety: Gas
Pipeline Leak Detection and Repair” (Docket No. PHMSA–2021–0039; RIN
2137–AF51) [link added]”. No new funding is authorized.
The Rulemaking
On October 18th, 2024, PHMSA sent
a final rule to the OMB’s Office of Information and Regulatory Affairs (OIRA)
for review. On January 17th, 2025 (effectively the last day of the
Biden Administration) OIRA announced
that it had ‘concluded action’ on that final rule. Typically, this means that
the rule should be sent to the Office of the Federal Register (OFR) for
printing. In this case, however, OIRA’s announced final action was characterized
as “Statutory or Judicial Deadline”.
No Final Rule was published in the Federal Register. Of
course, on January 20th, 2025 (the next business day in Washington)
the new President was inaugurated and almost immediately signed the expected executive
memorandum freezing all ongoing rulemaking activities. Section 1 of that
order would have prohibited DOT from sending this rulemaking to the OFR. Section 2 would
have required any rule that had been sent to the OFR, but not published in the
FR, to be withdrawn for review.
Moving Forward
While Peters is not a member of the House Transportation and Infrastructure
Committee to which this bill was assigned for primary consideration, one of his
five co-sponsors {Rep Huffman (D,CA)} is a member of the Committee. That means
that there could be (theoretically) enough influence to see this bill
considered in Committee. Unfortunately, the expected provisions of the
regulation conflict with the Republican energy agenda which is a high priority
in the 119th Congress. That means that there is almost no chance of
this bill seeing the light of day in a hearing room, much less on the floor of
the House.