NGC asks administration to address CWA Sect. 401 abuses

Presidents of the four national oil and gas trade associations that comprise the Natural Gas Council jointly asked the Trump administration to address problems with the implementation of Clean Water Act Section 401, which they said some states are using to stop interstate pipeline construction.

Their Apr. 10 request came as the council joined other business groups in applauding the administration’s inclusion of permitting reforms in its Legislative Outline for Rebuilding Infrastructure in America.

The letter said CWA Section 401, which gives states an opportunity to consider potential water quality impacts of infrastructure projects requiring federal approval, “has proven particularly challenging and would benefit from further direction from the administration beyond what was included in the legislative outline.

“Recent implementation of Section 401 has created much confusion and frustration and has resulted in significant delays to infrastructure projects. Moreover, some states are improperly using Section 401 to hijack the permitting process for pipelines that transport natural gas in interstate commerce,” the letter said.

It said such actions undermine the US Federal Energy Regulatory Commission’s authority to approve interstate gas pipelines, and deny other states the opportunity to benefit from such projects. “These state actions are a disservice to the cooperative federalism central to the efficient and predictable permitting of infrastructure,” the letter said.

The letter encourages Trump to restore predictability and balance to the permitting of gas systems. “Providing instruction on the appropriate role and process by which the federal government implements Section 401 can restore the balance of federal and state authorities,” the letter said.

“In particular, lead federal permitting agencies should recognize their authority and obligation to define and implement the Section 401 process,” it said. “This includes ensuring that a state is not manipulating the process through enforcement of the statutory time period and confirming state actions are related to applicable water quality standards.”