The Pipeline and Hazardous Materials Safety Administration has issued a Notice of Limited Enforcement Discretion and Statement of Policy related to issuing special permits in response to the President’s Executive Order declaring a national energy emergency.

The statement says the agency will refrain from taking any enforcement action against a regulated party who defers the performance of an activity that would otherwise be required under the federal pipeline or hazardous materials safety regulations if:

(1) The regulated party demonstrates that performing the required activity would contribute to the national energy emergency by adversely impacting the transportation of energy in and through the West Coast of the United States, Northeast of the United States, and Alaska, including by increasing energy prices for American consumers, particularly those living on low- and fixed-incomes, reducing the domestic supply of affordable and reliable energy, or impairing the integrity and expansion of the nation’s energy infrastructure;

(2) The regulated party demonstrates that deferring the performance of the required activity will not create an unreasonable risk to public safety, property, or the environment, including, if necessary, through the implementation of alternative remedial measures; and

(3) The regulated party files an application for a special permit promptly, but no later than 45 days after determining that the required activity should not be performed in response to the national energy emergency.

PHMSA states it will prioritize the review of any application for a special permit that meets the above criteria. PHMSA will also refrain from taking any enforcement action against the party that would otherwise be subject to the applicable regulation until a final decision on the special permit is issued. Moreover, if the application for a special permit is denied, PHMSA will continue to refrain from taking any enforcement action for a reasonable period of time thereafter, so that the party who sought the waiver or exemption can take appropriate action to perform the required activity without incurring any additional enforcement risk.