Even a law as far-reaching as the 2005 Energy Policy Act (EPACT) can't anticipate every potential problem with its provisions. That much quickly became apparent when a US House Energy and Commerce subcommittee examined a bill to reform federal natural gas pipeline permitting on July 9.
The Natural Gas Act initially gave the US Federal Energy Regulatory Commission authority to determine if proposed interstate gas pipeline projects should be approved. EPACT designated FERC lead agency to coordinate with other federal, state, and local government entities that issue associated permits. It did not give FERC authority to enforce decision deadlines for those entities.
HR 1900, which Rep. Mike Pompeo (R-Kan.) introduced May 9, would establish a 12-month deadline for FERC to approve or deny a gas pipeline certificate request. It would codify FERC's 90-day deadline, after completion of a final environmental document, for relevant agencies to decide on a developer's request for related permits (although such agencies could get another 30 days if unforeseen circumstances beyond their control make it necessary). Finally, it would deem a permit effective if an agency did not respond within the required period.
The timeline adds "an admirable level of accountability" for the agencies involved in FERC's pipeline application process, Commissioner Philip D. Moeller told the Energy and Power Subcommittee on July 9.
"My only caution is that without high-level agency oversight directing the agencies to prioritize these permits, a timeline could result in agencies either denying certain permits or adding burdensome conditions as a way to protect themselves from accusations of insufficient review," he continued.
Vigilant oversight of resource agency actions will be necessary if these requirements become law, Moeller stated.
Wouldn't bypass NEPA
Interstate Natural Gas Association of America Pres. Donald F. Santa said the bill would make an incremental—but important—change. That does not mean bypassing, or shortchanging, the National Environmental Policy Act, he emphasized.
"The permitting deadline in HR 1900, and the enforcement thereof, starts after the NEPA process is complete," Santa said. "By that time, permitting agencies should have been working cooperatively with FERC and the project sponsor for some months (and perhaps years, in some cases), and should, therefore, be ready to render a final decision."
Other witnesses expressed concerns, particularly about the bill's time limit. "At a very fundamental level, HR 1900 undermines the power preserved and granted to the states to ensure protection of the health, safety, and economies of their people," said Maya K. van Rossum, who leads the Delaware Riverkeeper Network in Bristol, Pa.
The full committee was scheduled to vote on the bill July 17, with possible House floor action soon after.