Participate in Federal Rulemaking
Wyalusing Creek, October Light
Brian Keeler Studio, www.briankeeler.com
Upcoming opportunities to have a voice in federal rulemaking for participation
The U.S. Department of Energy criteria for new LNG export authorization to non-free-trade-agreement countries. A public comment period is anticipated to be announced later in 2024, where you may submit comments related to the public interest standard that the U.S. DOE uses. Connect with your favorite environmental organization in order to receive alerts.
Municipal Officials Urged to Contact PHMSA
Please see the history of the citizen movement to prevent LNG shipment by rail. https://protectnorthernpa.org/the-long-and-winding-route
Progress was made when PHMSA denied renewal of a Special Permit to transport LNG by rail from Wyalusing, PA, to Gibbstown, NJ. And, when PHMSA adopted the “suspension rule” to prevent adoption of the 2020 LNG-by-rail rule. (1) However, now that the 2020 LNG-by-rail rule is suspended, PHMSA must proceed to a new federal rulemaking process in order to rescind the 2020 rule. (2)
Once new federal rulemaking is published in the Federal Register (now anticipated for June 2024), your help will be needed to participate in the rulemaking process with your comments to oppose the bulk shipment of LNG by rail.
Here is a suggested letter to Department of Transportation Secretary, Pete Buttigieg.
The Honorable Pete Buttigieg, Secretary
U.S. Department of Transportation
1200 New Jersey Avenue, SE
Washington, D.C., 20590
[Date TBD upon publication of rulemaking in the Federal Register]
Dear Secretary Buttigieg,
The East Palestine, Ohio, train derailment disaster has brought to light the potential for rail freight accidents.
A federal rules is suspended but rescinded pending Department of Transportation’s Pipeline and Hazardous Materials Administration (PHMSA) that would allow the bulk transport of liquefied natural gas (LNG) in cryogenic rail cars.
LNG, a cryogenically reduced material, poses unique hazards. In a container breach that can happen in a derailment, released methane can form an unpredictably moving vapor cloud. Upon ignition, the concentrated methane fire cannot be extinguished – it must be allowed to burn out. The vapor cloud can result in a bomb-like explosion known as a BLEVE (Boiling Liquid Expanding Vapor Explosion) with catastrophic impacts. Dangers are amplified in densely populated communities where rapid and complete evacuation is practically impossible. These public safety hazards are the foundation for the longstanding ban on LNG transport by rail.
Public comments and technical submissions to PHMSA during recent public comment periods raise significant safety concerns and provide compelling support for prohibiting the bulk transportation of LNG by rail. PHMSA, itself, in a 2019 Environmental Assessment, made the case for suspension of the federal rule. (1)
We the elected [supervisors/council, etc. of Name Of Municipality] support the following course of action by the Department of Transportation’s Pipeline and Hazardous Materials Administration:
Rescind the 2020 rule that lifted the longstanding ban on bulk transport of LNG in rail cars.
No compelling national interest overrides protection of the pubic from catastrophe. Therefore, there is no need for further study or risk analyses. We are counting on you to take prompt action to avoid endangering the lives, health, and property of millions of Americans.
Thank you.
Resources for participating in federal matters
Fundamentals if intervention in FERC Matters
Filing a Motion to Intervene or Intervention is the procedural pathway to becoming a party in a proceeding at Federal Energy Regulatory Commission (FERC). On October 25, 2023, Office of Public Participation (OPP) staff made publicly available the educational video of WorkshOPP: Fundamentals of Intervention in FERC Matters. “Fundamentals of Intervention in FERC Matters” explains how and why a member of the public may choose to intervene in energy infrastructure projects (natural gas pipelines, liquefied natural gas (LNG) terminals, or hydroelectric dams) proceedings, and/or electric rates proceedings. Staff also addresses common questions about filing an intervention and demonstrate how to submit a Motion to Intervene using FERC online.
https://www.youtube.com/watch?v=C-nkONjA4Mk
Resources for Participating in Federal Rulemaking
https://www.ucsusa.org/resources/participating-federal-rulemaking