What To Know About PHMSA's New Emergency Authority Rule - October 2016

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Law360, New York (October 24, 2016, 11:47 AM EDT) -- On Oct. 14, 2016, the Pipeline and Hazardous Materials Safety Administration published an interim final rule (IFR) establishing procedures to implement new imminent hazard authority created by the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (the PIPES Act). (The rule is published at 81 FR 70980.)

The PIPES Act and PHMSA’s new rule give the agency the authority — for the first time — to issue emergency orders to all or a segment of owners and operators of gas or hazardous liquid pipelines to abate an imminent hazard. This new tool is intended to augment PHMSA’s existing authorities by giving the agency the ability to respond swiftly to conditions that pose a substantial threat to health and safety, like the recent natural gas leak at Aliso Canyon in California.

Originally published in Law360, New York on October 24, 2016.

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