Federal Role in What Happens Locally
February Evening Light, Susquehanna
Brian Keeler Studio, www.briankeeler.com
Federal laws and regulations could and should be used to defend communities against polluters; presently these laws are used to support oil and gas, generally, and promote LNG export, specifically.
U.S. Department of Energy (DOE). Under the Natural Gas Act (NGA) companies that want to export LNG must get authorization to do so from DOE’s Office of Fossil Energy and Carbon Management (FECM). FECM makes “public interest” determinations on applications to export LNG to countries where the U.S. does not have existing free trade agreements. https://www.energy.gov/fe/science-innovation/oil-gas/liquefied-natural-gas
The New Fortress Energy (dba Bradford County LNG Marketing, LLC) has authorization to export to free-trade-agreement countries. It does have authorization to ship to non-free-trade-agreement countries. https://www.energy.gov/sites/default/files/2023-12/Summary%20of%20LNG%20Export%20Applications_12.11.23.pdf
In January 2023, the Biden Administration implemented a “pause” on DOE/FECM authorizations for export to non-free-trade-agreement countries until the criteria for the “public interest” standard can be reviewed.
See how you can participate in federal rulemaking. See LNG for export and see A vision for a better future for some of the considerations behind the pause.
Rail Regulations. Since the 1887 Interstate Commerce Act, railroads have been the jurisdiction of the federal government, under the U.S. Department of Transportation, Federal Railroad Administration.
National Environmental Policy Act (NEPA) has two primary aims: (1) it obligates an agency to “consider every significant aspect of the environmental impact of a proposed action”; and (2) it “ensures that the agency will inform the public that it has indeed considered environmental concerns in its decision-making process.”
The Natural Gas Act (NGA). The NGA provides that the Department of Energy (DOE) “shall” authorize exports to non-Free Trade Agreement countries “unless . . . it finds that the proposed exportation . . . will not be consistent with the public interest.”
Section 401 of the Clean Water Act. The Clean Water Act (CWA) gives states and authorized tribes the authority to grant, deny, or waive certification of proposed federal licenses or permits that may discharge into waters of the United States. https://www.epa.gov/cwa-401
PHMSA on LNG plant siting: An LNG facility is regulated under 49 CFR Part 193 if the LNG facility either receives from or delivers to a 49 CFR Part 192 pipeline. If the LNG plant is regulated under 49 CFR Part 193, the operator of the LNG plant must first obtain an Operator Identification Number (OpID) and submit a construction notification. These LNG operators, subject to PHMSA’s jurisdiction (49 CFR Part 193), submit information to the National Registry of Pipeline and LNG Operators database 60 days prior to commencing construction. The LNG plant in Wyalusing Township is not connected (yet?) to a PHMSA-jurisdiction pipeline and therefore the siting regulations were not invoked. However, PHMSA safety regulations do apply. See page, Bucolic Bradford County.
The Federal Energy Regulatory Commission (FERC) approves interstate pipeline infrastructure projects and LNG terminals.
https://www.ferc.gov/natural-gas/lng
U.S. Environmental Protection Agency - Permitting Under the Clean Air Act. The Clean Air Act (CAA) establishes a number of permitting programs designed to carry out the goals of the Act. Some of these programs are directly implemented by EPA through its Regional Offices but most are carried out by states, local agencies and approved tribes.