Inflation Reduction Act
Recent Executive Order Extends Beyond Section 401 Water Quality Certifications
The Executive Order (EO) “ Promoting Energy Infrastructure and Economic Growth ,” issued by the White House on April 10, 2019 has primarily been heralded as an effort to prevent states from blocking pipelines under their Clean Water Act Section...
Executive Order Impact on 401 Water Quality Certification Appears Limited
President Trump recently issued two much anticipated Executive Orders aimed to streamline the permitting of U.S. energy infrastructure. One Executive Order (EO) focuses primarily on Clean Water Act (CWA) state issued water quality certifications and associated EPA guidance and regulations...
Distribution Pipelines and Increased Penalties Feature in Senate Pipeline Safety Bill
In advance of a Senate Commerce Committee Hearing on reauthorization of the Pipeline Safety Act , Senators Markey, Warren, and Blumenthal announced legislation to address distribution pipelines and risks associated with the September 2018 Merrimack Valley incident. The Leonel Rondon...
Congress Turns its Attention to Pipeline Safety Act Reauthorization
The first Congressional Hearing on Pipeline Safety Act Reauthorization for 2019 was held this week before the House Transportation and Infrastructure Committee. The Hearing did not have as much drama as last summer’s Hearing before the same Committee, where PHMSA...
The Importance of Creating A Record for Judicial Review of Agency Action
For at least the past 35 years, federal courts have generally allowed an administrative agency’s interpretation of a regulation or statute that it administers to prevail when challenged by a member of the regulated community or any other interested party...
Opportunity to Improve PHMSA Guidance
Earlier this month, the U.S. Department of Transportation (DOT) issued a notice seeking input from the public on existing guidance documents within DOT and its modal operating administrations, including PHMSA . In particular, DOT seeks input on guidance documents that...
Pipeline Safety Act Reauthorization: Will a New Congress Mean New Mandates?
The federal Pipeline Safety Act (PSA or the Act) mandates minimum safety standards for pipelines and certain associated storage and facilities (including LNG and other terminals). Congress should take up legislation to reauthorize the Act this year. Since the last...
Long Awaited Plastic Pipe Rule Finalized
The federal agency tasked with pipeline safety, PHMSA, has issued a long-awaited rule regarding plastic pipe . Plastic pipe is primarily used in distribution gas pipeline systems, as a corrosion resistant and cost effective alternative to steel pipelines. This rule...
Inspector General to Audit LNG Safety Oversight
The Department of Transportation’s Office of Inspector General within the (DOT OIG) announced recently that it will audit oversight of liquefied natural gas (LNG) facilities by the Pipeline and Hazardous Materials Safety Administration (PHMSA). DOT OIG notes that the “self-initiated”...
Industry Impact from Criminal Verdict in Pipeline Oil Spill
On September 7, 2018, a jury in a California state court found Plains All American Pipeline guilty on 9 criminal counts, stemming from a release of 140,000 gallons of crude oil from a Plains pipeline near Santa Barbara in 2015...
Hurricane Preparedness in High Gear on East Coast
Hurricane season is upon us, with Hurricane Florence making its way towards landfall in the Carolinas, currently expected to reach the coast by early Friday morning, September 14, 2018. Tropical storm force winds and heavy rain will reach the coastal...
Draft Pipeline Risk Modeling Report Issued for Public Comment
As part of its integrity management regulatory scheme, the Pipeline and Hazardous Materials Safety Administration (PHMSA) is requesting comments on a draft risk modeling report . In certain densely populated or environmentally sensitive areas, PHMSA integrity management rules require the...
As LNG Permitting Delays Continue, PHMSA to Assist FERC
The liquified natural gas (LNG) export boom has strained the resources and technical expertise of the two federal agencies that oversee LNG facility siting, design, construction, and operation: FERC, (the Federal Energy Regulatory Commission) and PHMSA (the Pipeline and Hazardous...
Proposed Revision to Class Location Requirements When Population Increases
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published an Advanced Notice of Proposed Rulemaking (ANPRM) requesting comments on existing requirements for gas transmission pipelines following population growth. This notice is the result of previous Agency requests for comment...
Evolution of PHMSA Hearings: Response to Interest in Public Participation and Pre-Hearing Conferences
In a letter issued to the Reporters Committee for Freedom of the Press (RCFP) and E&E News last week, PHMSA’s new Chief Counsel Paul Roberti announced its intention to publicly post advance notice of hearings requested by operators. As reported...