PHMSA Rescinds Section 114 Advisory Bulletin
Here's the Implications for Pipeline Safety and Regulation
TL/DR: Executive Summary
On June 18, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced the rescission of Advisory Bulletin ADB-2021-01 and related policy statements concerning Section 114 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (2020 PIPES Act). The rescission corrects the bulletin’s overreach, which had extended requirements to all pipeline facilities rather than only those transporting natural gas, as mandated by the statute. This action reduces regulatory burdens, aligns enforcement with congressional intent, and refocuses operators on safety measures outlined in the Pipeline Safety Act. While the move may streamline compliance, it could lessen emphasis on mitigating fugitive and vented emissions, potentially impacting environmental goals. Stakeholders are encouraged to review the Federal Register notice (Docket No. PHMSA-2021-0050) for details.
On June 18, 2025, PHMSA published a significant announcement in the Federal Register, rescinding Advisory Bulletin ADB-2021-01 and associated policy statements related to Section 114 of the 2020 PIPES Act. This decision recalibrates the regulatory framework for pipeline operators, particularly regarding safety and environmental compliance. This article provides a comprehensive analysis of the announcement’s context, rationale, and implications for industry stakeholders, policymakers, and the public.
Background: Section 114 of the 2020 PIPES Act
Enacted on December 27, 2020, the Protecting our Infrastructure of Pipelines and Enhancing Safety Act (2020 PIPES Act) introduced measures to strengthen pipeline safety regulations. Section 114 amended 49 U.S.C. 60108 of the Pipeline Safety Act, imposing new requirements for gas and hazardous liquid pipeline operators. The key provisions are as follows:
PHMSA and state authorities must consider additional factors when reviewing operators’ inspection and maintenance plans, including the elimination of hazardous leaks, minimization of natural gas releases, and prioritization of replacing or remediating pipelines prone to leaks, such as those made of cast iron, unprotected steel, or certain plastics.
Operators of pipeline facilities used to transport natural gas were required to update their inspection and maintenance plans by December 27, 2021, to incorporate the factors outlined in Section 114(a).
These provisions aimed to enhance safety by addressing aging infrastructure and reducing environmental impacts from pipeline leaks, particularly methane emissions.
The Rescinded Advisory Bulletin (ADB-2021-01)
On June 10, 2021, PHMSA issued Advisory Bulletin ADB-2021-01, interpreting Section 114(b) as a “self-executing” requirement applicable to all PHMSA-jurisdictional pipeline facilities, including those transporting hazardous liquids, not just natural gas. The bulletin outlined expectations for operators, which included the following:
Operators were directed to update inspection and maintenance plans to address both unintentional (fugitive) and intentional (vented) emissions.
Operators were instructed to prioritize the replacement or remediation of pipelines known to leak based on their material, design, or operational history.
PHMSA reinforced these interpretations through public communications, such as a February 2022 informational webinar and discussions in a rulemaking proceeding focused on gas pipeline leak detection and repair. These actions suggested a broader regulatory scope than the statutory text, prompting compliance efforts that extended beyond natural gas pipelines.
PHMSA’s Rationale for Rescission
The June 2025 announcement rescinds ADB-2021-01 and its related policy statements, citing several critical issues with the original guidance. The reasons for this decision are as follows:
PHMSA acknowledged that ADB-2021-01 erroneously applied Section 114(b)’s requirements to all pipeline facilities, despite the statute explicitly limiting its scope to facilities transporting natural gas, thus exceeding congressional intent.
The bulletin introduced requirements, such as addressing fugitive and vented emissions, that went beyond the statutory mandate, thereby increasing compliance costs and administrative efforts for operators without clear legislative backing.
PHMSA emphasized that operator inspection and maintenance plans, as well as agency and state reviews, should adhere strictly to the factors outlined in 49 U.S.C. 60108(a)(2) to align with the law’s original intent.
By eliminating “needless red tape,” as noted in a post by @PHMSA_DOT on X, the rescission allows operators to allocate resources more effectively toward safety improvements mandated by the 2020 PIPES Act.
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Implications for Stakeholders
The rescission of ADB-2021-01 has significant implications for pipeline operators, regulatory authorities, and environmental stakeholders, as outlined below:
For Pipeline Operators
Operators are no longer required to address emissions-related requirements beyond those specified in Section 114(a), such as mitigating hazardous leaks, particularly affecting operators of hazardous liquid pipelines now exempt from Section 114(b)’s mandates.
Operators must ensure their inspection and maintenance plans comply with the Pipeline Safety Act and the specific factors in Section 114(a), such as replacing leak-prone infrastructure.
The elimination of non-statutory obligations may reduce compliance costs, enabling operators to redirect resources toward critical safety enhancements.
For PHMSA and State Authorities
PHMSA and state regulators will limit their reviews of operator plans to the factors outlined in 49 U.S.C. 60108(a)(2), ensuring consistency with congressional directives.
The rescission provides clearer guidance on enforcement priorities, reducing the risk of misaligned inspections or penalties based on the overbroad interpretations in ADB-2021-01.
For Environmental Stakeholders
The rescission may reduce the regulatory emphasis on mitigating fugitive and vented emissions, particularly methane, a potent greenhouse gas, although Section 114(a) still requires addressing hazardous leaks.
PHMSA’s ongoing rulemaking on gas pipeline leak detection and repair may address some environmental concerns independently of Section 114, and stakeholders should monitor these developments for potential offsets to the rescission’s impact.
Broader Context: PHMSA’s Regulatory Agenda
The rescission aligns with PHMSA’s ongoing efforts to refine its regulatory framework. Recent initiatives include the following:
PHMSA has sought public feedback on streamlining hazardous materials transportation regulations, aiming to balance safety with economic efficiency.
Revised enforcement procedures enhance clarity and fairness in how PHMSA addresses compliance issues.
PHMSA continues to implement other 2020 PIPES Act mandates, such as funding for infrastructure safety grants and proposing new safety standards for carbon dioxide pipelines.
These efforts reflect a commitment to effective regulation while responding to stakeholder concerns about overreach and complexity.
Conclusion
PHMSA’s rescission of Advisory Bulletin ADB-2021-01 and related policy statements, announced on June 18, 2025, realigns pipeline safety regulations with the statutory intent of the 2020 PIPES Act. By correcting the overreach of Section 114(b)’s application and eliminating non-mandated requirements, PHMSA reduces regulatory burdens while maintaining a focus on critical safety measures, such as addressing hazardous leaks and replacing aging infrastructure. However, the reduced emphasis on fugitive and vented emissions may raise concerns among environmental stakeholders, particularly in the context of climate change mitigation.
Stakeholders are encouraged to review the Federal Register notice (Docket No. PHMSA-2021-0050) for detailed information and to submit comments or inquiries to Cameron Satterthwaite at (202) 579-8769 or cameron.satterthwaite@dot.gov. As PHMSA continues to refine its regulatory approach, ongoing engagement with operators, regulators, and the public will be essential to ensuring a safe and sustainable pipeline infrastructure.