Review - PHMSA Publishes LNG Facility NPRM – 11-3-26

Today, the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (90 FR 69314-69388) on “Pipeline Safety: Amendments to Liquefied Natural Gas Facilities”. The NPRM would update the pipeline safety regulations (PSR), including incorporation by references and congressional mandates. Changes are proposed for 49 CFR Part 191 and Part 193. 

The major provisions of the NPRM include: 

• Calibrating reporting requirements to public safety risks,  
• Incorporation by reference updated editions of leading industry standards,  
• Improved alignment between facility siting requirements and safety risks,  
• Introduction of targeted requirements for permanent, small-scale LNG facilities, and 
• Integration of an alternative, risk-based operations and maintenance framework. 

Public Comments  

PHMSA is soliciting comments on the proposed NPRM language. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # PHMSA-2019-0091). Comments should be submitted by January 4th, 2027. 

For more information on the provisions of this NPRM, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/phmsa-publishes-lng-facility-nprm - subscription required. 

PHMSA Sends LNG Safety ANPRM to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received an advanced notice of proposed rulemaking from the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) on “Pipeline Safety: Amendments to Liquefied Natural Gas Facilities”.

According to the Fall 2023 Unified Agenda entry for this rulemaking:

“This rulemaking would update incorporated industry standards and revise all subparts of part 193 as needed. These updates to part 193 would address the risks associated with today's liquefied natural gas facilities, including permanent, small scale liquefied natural gas pipeline facilities as required by section 27 of the PIPES Act of 2016. These updates would also address section 110 of the PIPES Act of 2020 regarding operating and maintenance standards.”

Please note that that summary was written under the Biden Administration, and the new Administration has had almost four months to put their stamp on this rulemaking. Part of that effort may be the reason for the disconnect between the ‘prerule’ status of this rulemaking in OIRA’s announcement and the ‘proposed rule stage’ listed in the most recent Unified Agenda entry.