On June 4, 2025, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published for public comment an advance notice of proposed rulemaking (ANPR). PHMSA is seeking stakeholder feedback on whether to repeal or amend any requirements in the Hazardous Materials Rulemaking Procedures (49 CFR Part 106) and Hazardous Materials Program Procedures (49 CFR Part 107) or the Hazardous Materials Regulations (HMR) (49 CFR parts 171, et seq.) to eliminate undue burdens on the identification, development, and use of domestic energy resources and to improve government efficiency. Comments are due by August 4, 2025.
Executive Orders
President Trump has issued a series of Executive Orders (e.g., Executive Order 14192) directing PHMSA and other federal agencies to consider the effects of existing agency regulations, including those that impose burdens on the energy sector. Executive Order 14156 declares a national energy emergency and instructs agencies to exercise emergency authority over domestic energy resources and to expedite the completion of energy projects. Executive Order 14154 instructs agencies to review all existing regulations and agency actions to identify those that impose an undue burden on the identification, development, or use of energy resources.
The HMR governs the transportation of various energy commodities and other hazardous materials involved in energy production, such as critical minerals, explosives, chemicals used in refinery processes, waste products from energy exploration and production activity, and other materials related to the identification, development, extraction, and use of domestic energy resources. The Hazardous Materials Rulemaking Procedures and Program Procedures outline the relevant rulemaking processes and procedures, registration, fees, permit application, and other procedural requirements for regulated entities.
A wide range of entities are subject to the HMR and related regulations, including each person who transports, or offers for transport, any hazardous material in commerce.
Advance Notice of Public Rulemaking
Following President Trump’s recent directives, PHMSA is seeking feedback from stakeholders on the following:
- Identification of specific regulatory provisions within the HMR, including any implementing guidance or interpretations of those regulations, that may impose an undue burden on the identification, development, and use of domestic energy resources. Additionally, stakeholders are instructed to consider examples of government inefficiency where compliance requirements impose significant burdens relative to minimal safety benefits or hinder technological innovations.
- The nature and magnitude of these burdens, including the specific categories and number of regulated entities affected, as well as the compliance costs and implementation challenges experienced by those entities.
- Suggestions for potential amendments (including any rescissions) to the identified regulatory provisions.
- An assessment of the incremental compliance costs and benefits (including benefits pertaining to avoided compliance costs, safety harms, and environmental harms) anticipated from those amendments.
- The safety consequences of any proposed amendments.
Additionally, the ANPR indicates that PHSMA may consider adopting a procedural requirement that would mandate periodic regulatory reviews of the HMR provisions. Entities subject to the HMR should consider commenting by August 4, 2025 on one or more of the prompts above to highlight any particular requirements of the regulations that result in undue burdens affecting the use of domestic energy resources and associated costs, possible amendments to address these burdens, and any associated costs, benefits, and safety consequences of those amendments.
Executive Order, Action & Proclamation Task Force
Alston & Bird's multidisciplinary Executive Order, Action & Proclamation Task Force advises clients on the business and legal implications of President Trump's Executive Orders.
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If you have any questions, or would like additional information, please contact one of the attorneys on our Environment, Land Use & Natural Resources team.
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