Senate Commerce Subcommittee Eyes PHMSA Reauthorization, Flags Delayed Rulemakings

Chairman Todd Young convened a Senate Commerce subcommittee hearing on pipeline safety that zeroed in on reauthorization of the Pipeline and Hazardous Materials Safety Administration and several outstanding PHMSA rulemakings.

The hearing matters because PHMSA’s regulatory agenda, witnesses said, shapes how operators adopt new safety practices and technologies across more than three million miles of U.S. pipeline infrastructure.

Industry and safety representatives said several PHMSA actions remain incomplete years after Congress directed them. Robin Rourke, vice president of midstream policy at the American Petroleum Institute, told the subcommittee that many PHMSA rules still cite outdated industry standards and urged a statutory requirement for routine updates. “If an updated standard isn't adopted, the agency should publicly explain why to provide clarity on its perspective and help industry determine a path forward,” Rourke said. He also asked Congress to direct PHMSA to adopt an official operating status for idle pipelines based on API recommended practice 1181.

Andrew J. Black, president and CEO of the Liquid Energy Pipeline Association, said provisions in the 2020 PIPES Act remain unimplemented, including a technology demonstration pilot program. Black told senators that the pilot was effectively stymied by PHMSA processes and required reauthorization so operators can demonstrate and scale new inspection technologies without what he described as unnecessary procedural burdens.

Bill Karam, executive director of the Pipeline Safety Trust, urged changes in statutory constraints that he said make lifesaving regulations difficult to promulgate. Karam told the committee that “provisions in the pipeline safety statute like the extra burdensome cost benefit requirement make it extremely difficult for PHMSA to develop life saving regulations.” He also raised a concern about a drop in enforcement activity, citing a recent decline in enforcement case initiations compared with historical averages.

Senators pressed PHMSA’s role and pace. Senator Ted Cruz asked witnesses to describe problems with PHMSA’s special-permit process; Black and Rourke described long delays and permits that included unrelated or impractical conditions. Rourke said a recent application became “56 pages including 54 unrelated conditions” and urged Congress to bar PHMSA from adding extraneous requirements to special permits.

The subcommittee also reviewed the status of the class location rule and other required rulemakings directed by the PIPES Act of 2020. Witnesses and members said further congressional direction—particularly a clear reauthorization—would help PHMSA complete outstanding mandates and clarify how federal rules should reflect updated industry standards.

Members set deadlines for follow-up: senators may submit questions for the record through May 22, and witnesses have until June 5 to reply.

Less urgent items discussed included proposals about criminal penalties for deliberate attacks, funding for state oversight programs and coordination between PHMSA and other federal agencies.

The hearing adjourned after senators and witnesses agreed to provide the committee additional written materials and follow-up responses.