Understanding how pipeline safety regulations are developed is vital for effective public participation. While the rulemaking process is designed to incorporate public input, its technical language, complex steps, and lengthy timelines often make it challenging for community members to participate. This blog aims to demystify the pipeline safety rulemaking process so that more people, especially those directly impacted by pipelines, can engage with and influence the decisions that affect their safety, environment, and communities.
Rulemaking is the policy-making process for agencies of the federal government. Federal agencies receive their authority to issue rules and regulations from laws passed by Congress. Congress may pass a law creating an agency that gives it authority to regulate certain activities, or Congress may pass a law that specifically directs an agency to address a specific issue. The Pipeline and Hazardous Materials Safety Administration (PHMSA) is the federal agency responsible for regulating pipeline safety.
There are three main stages of agency rulemaking:
- Advanced Notice of Proposed Rulemaking (ANPRM)
- Notice of Proposed Rulemaking (NPRM)
- Developing a Final Rule
An ANPRM is an optional, early-stage notice that agencies use when they’re considering creating a new rule or revising an existing one. At this point, they typically haven’t drafted any formal rule language yet. Instead, the agency issues an ANPRM to ask for public input, data, or perspectives that can help shape the direction of the potential rule or whether a rulemaking should be initiated. This early stage in rulemaking is an opportunity for the public to participate. Stakeholders can submit comments on an ANPRM through Regulations.gov during the public comment period, which typically lasts for 30 to 60 days.
An NPRM is the formal announcement of an agency’s intent to address an issue through a rulemaking and includes draft rule language, which is published in the Federal Register for the public to comment on. An NPRM also opens a public comment period, typically lasting 30 to 60 days. During this time, the public is invited to submit written feedback through comments to Regulations.gov. Comments are reviewed by the agency and can lead to significant revisions before the rule is finalized. The agency overseeing the rulemaking is legally required to consider and respond to relevant comments before moving forward in the rulemaking process.
Once the agency has reviewed all public comments and conducted a comment analysis, the agency decides whether it would like to proceed with the rulemaking process, submit a new or modified proposal, or withdraw the proposal.
Once the agency has made its final revisions on the proposed rule, it publishes a Final Rule in the Federal Register. This version includes the final text of the rule, an explanation of how comments were addressed, and an effective date for when the rule will take effect. Finally, after the rulemaking process, the rule is implemented.
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