Corpus Christi Sun

On Sept. 2, U.S. Sen. Ted Cruz, the Ranking Member of the U.S. Senate Commerce Committee, voiced his concerns regarding the Biden administration's suspension of a Trump-era rule that would have enabled the transportation of liquefied natural gas (LNG) by rail. Cruz highlighted the potential benefits of LNG transportation by rail, particularly for Americans with limited energy choices, and raised questions about the impact of these energy policies on American prosperity and national security.

“Today, the Biden administration has fired another salvo in its war on American energy by essentially prohibiting the movement of LNG by rail,” Sen. Cruz said in a Sept. 2 press release. “America is a leader in reducing carbon emissions largely because of the United States' development and use of natural gas. The energy renaissance we are seeing in this country is producing enormous environmental benefits. LNG by rail would give Americans—particularly those who have limited energy choices because of geography—an affordable and environmentally-responsible option to meet their energy needs. By removing this option, the radical environmentalists in the Biden administration have delivered a further setback to American prosperity and national security. This is yet another example of why the Biden administration cannot be trusted to implement pro-domestic energy policies.” 

According to FreightWaves, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued the final rule temporarily suspending a Trump-era rule that permitted the transportation of LNG by rail using specialized tank cars, essentially barring the shipment of LNG by rail, prompting Sen. Cruz's criticism. The suspension will remain in effect until one of two conditions is met: the completion of an ongoing rulemaking process considering potential modifications to LNG transport provisions via these tank cars, or until June 30, 2025. PHMSA's decision, effective Oct. 31, 2023, comes after seeking public comments on the suspension in Nov. 2021.

US Senator Ted Cruz official portrait, 2019 | U.S. Senate Photographic Studio

The July 2020 Trump rule allowed the bulk transportation of LNG using DOT-113 tank cars with enhanced safety requirements and operational controls, also known as cryogenic tank cars, according to FreightWaves. However, PHMSA's suspension cites the absence of any LNG transport via these specialized tank cars since July 2020 and the absence of any orders to build such tank cars as reasons for the decision. The suspension aims to allow time for testing, evaluation, mitigation measures, and operational controls related to transporting LNG in these tank cars while ensuring compliance with federal regulations.

The Railway Supply Institute (RSI), which represents rail car manufacturers, criticized the decision, arguing that LNG transport has a strong safety record and that the suspension inhibits critical infrastructure development, per FreightWaves