NGC asks administration to address CWA Section 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.
Dena E. Wiggins of the Natural Gas Supply Association, Jack N. Gerard of the American Petroleum Institute, Barry Russell of the Independent Petroleum Association of America, and Dave McCurdy of the American Gas Association signed the letter to President Donald Trump.
They 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 exclusive 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 association presidents said.
They encouraged 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.”
When the process is not followed, the lead federal agency has the duty and obligation to find the Section 401 obligation waived for all federal authorizations required for the project, the letter said. “Other federal agencies must accept the waiver determination and move forward with implementing their statutory requirements for licensing and permitting of the proposed project,” it said.
Contact Nick Snow at [email protected].
Nick Snow
NICK SNOW covered oil and gas in Washington for more than 30 years. He worked in several capacities for The Oil Daily and was founding editor of Petroleum Finance Week before joining OGJ as its Washington correspondent in September 2005 and becoming its full-time Washington editor in October 2007. He retired from OGJ in January 2020.
