In This Issue

Standards Update Final Rule – Stay of Enforcement

On April 29, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule titled “Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments,” effective June 28, 2024. This rule updates the Federal Pipeline Safety Regulations by incorporating over 20 new or revised industry technical standards in 49 CFR parts 192 and 195. Following its publication, several industry associations, including GPA Midstream Association and the American Petroleum Institute, filed petitions for reconsideration and motions to stay the rule’s effective date, citing the need for more time to comply with the new standards to avoid significant disruptions and costs.

In response, PHMSA has issued a notice of limited enforcement discretion, allowing operators to comply with either the updated standards or the previous ones until January 1, 2025. This flexibility aims to help pipeline operators transition smoothly during the 2024 construction season while maintaining safety standards. PHMSA also recommends that state partners adopt similar enforcement discretion during this period.

For a copy of this stay of enforcement notice, please message Jessica Foley.