NGA+NEPA reform Wish List

Thank you Molly. 

That's a very good start. 

I am very happy to see the part about "all environmental reviews must be complete before the Certificate is Issued", aka, the problem of the "Conditional Certificate" Catch 22.

Here are some things not present which I'd like to see added:

1: CLOSE THE API LOOPHOLE

Presently, gathering lines are not considered jurisdictional. Sounds good until you realize that the DEFINITION for "gathering line" is held by the American Petroleum Institute, via API RP-80, which is "included by reference" @ 49 CFR § 192.8

This allows MONSTER compressor stations like the Williams Dunbar Station in Windsor NY, and the Williams Central Station in Brooklyn PA to escape the multi-year FERC permitting, and escape an environmental review under NEPA.

Enumerating some specific reforms which arise from this:

2. Eliminate "inclusion by reference": Regulations and definitions should be defined by Congress, and not delegated to industry.

3.a (minimum) Interstate gathering line systems (compressors and pipelines) must  be considered jurisdictional which supply FERC regulated facilities (pipelines, storage, compressors, or facilities used for export) should be considered jurisdictional and subject to NEPA review, and to PHMSA regulations for safety, integrity management, mapping, etc. 

3.b (IDEAL) ALL gathering line systems (compressors and pipelines) which supply FERC regulated facilities (pipelines, storage, compressors, or facilities used for export) must be considered jurisdictional and subject to NEPA review, and to PHMSA regulations for safety, integrity management, mapping, etc. 

Why just natural gas?

4. ALL Interstate hazardous liquids pipelines as defined by 49 CFR § 195.2 and related facilities MUST be subject to a Certificate of Public Convenience and Necessity. (similar to @ 15 USC § 717f) and NEPA environmental review.

Why just buried pipelines?

5. All fixed facilities involved in interstate commerce in bulk hazardous gas or liquid commodities by any mode (rail, truck, air, pipeline) MUST be subject to a Certificate of Public Convenience and Necessity. (similar to @ 15 USC § 717f) and NEPA environmental review.

(this includes LNG, NGLs, LPG, crude oil, refined petroleum products, Diluted bitumen, etc. and Compressed Natural Gas)

Can we include NEPA reforms too, as these are connected to the NGA?

NEPA reforms

6. ALL fixed facilities involved in bulk haul of hazardous gases or liquids (or mixed phase gas+liquids), either commodities OR WASTE, shall require a Certificate of Public Convenience and Necessity subject to NEPA review.

7. Eliminate problems with the Fast Track "Environmental Assessment"

This is very complicated and I don't know how to phrase this concisely. 

Basically: FERC and other agencies are presently often using their discretion to choose a Fast Track EA over a more thorough Environmental Impact Statement.

According the the CEQ guidance, some EA's should result in a Finding of Significant Impacts (FOSI), and trigger an EIS.

I have read DOZENS of EA's, and I can find NO EXAMPLE from ANY AGENCY where this has ever happened!!!

IN EVERY CASE I have reviewed, each EA results in a FONSI: Finding of NO Significant Impacts. This indicates to me that the EA process is broken.

That's my list, for starters.

I'm going to consult some experts I know.
I will be adding to this list!

BH

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William Huston:  WilliamAHuston@gmail.com
Binghamton NY

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