Articles
PHMSA issues limited enforcement discretion on recent rule
June 21, 2024
On June 20, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of Limited Enforcement Discretion regarding its recent final rule on "Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments."
Key points
- The final rule, published on April 29, 2024, was set to take effect on June 28, 2024.
- On May 29, 2024, industry associations filed petitions for reconsideration and motions to stay the effective date of the rule.
- In response, PHMSA has decided to exercise enforcement discretion, allowing operators to comply with either the updated standards in the new rule or the previous standards until January 1, 2025.
This decision provides pipeline operators with additional time to adapt to the new standards, update procedures, train personnel, and manage ongoing and future construction projects without disruption.
Operators should note that while this enforcement discretion is in place, PHMSA maintains the right to take action if significant safety issues arise. The agency also recommends that state partners exercise similar discretion.
