PHMSA Rescinds Section 114 of 2020 PIPES Act
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The U.S. Department of Transportation’s (USDOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) has transmitted a notice to the Federal Register that rescinds an advisory bulletin issued by the Biden administration concerning the provisions in Section 114 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (2020 PIPES Act).
The rescinded bulletin went beyond the scope of what Congress directed the agency to do in the text of Section 114 and imposed new regulatory requirements and significant costs on the pipeline industry to advance environmental objectives.
PHMSA is rescinding this advisory bulletin to address federal overreach and reduce an overbearing and burdensome administrative state as directed by President Trump in executive order 14219.
“Eliminating red tape is at the heart of this administration’s plan to maintain energy dominance. President Trump’s aggressive deregulatory agenda is bringing down costs for consumers and unleashing a golden age of American energy,” said U.S. Transportation Secretary Sean Duffy.
“Section 114 provided clear direction to operators and PHMSA. That is why I am rescinding the prior administration’s advisory bulletin, which imposed new requirements outside the scope of existing regulations and statute,” said PHMSA Acting Administrator Ben Kochman.
The notice rescinding the advisory bulletin directs owners and operators of pipeline facilities to adhere to the text of Section 114 of the 2020 PIPES Act and section 60108(a) of the Pipeline Safety Act in developing their inspection and maintenance plans. PHMSA and state pipeline safety enforcement personnel should do the same in reviewing the adequacy of those plans during future audits and inspections.
The rescission is effective immediately and can be viewed in the Federal Register HERE.
The Pipeline and Hazardous Materials Safety Administration’s mission is to protect people and the environment by advancing the safe transportation of energy and other hazardous materials that are essential to our daily lives.
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