Washington Watch
Washington watch: Last-minute Biden pipeline actions in the balance
The Biden administration’s attempts in its last month to make significant changes to pipeline regulation may be early targets for reversal for the incoming Trump administration. The Pipeline and Hazardous Materials Safety Administration (PHMSA) was particularly active as the clock ran out, finalizing one pipeline leak detection rule and issuing its intent to define “categorical exclusions” which are proposed pipeline operational changes that would not need environmental review.
Washington Watch: Trump regulatory changes afoot for pipelines
Trump’s regulatory changes could impact pipeline approvals, with shifts in key environmental laws. Expected revisions to NEPA, the Clean Water Act, and methane regulations could accelerate or delay projects, depending on the new administration’s stance.
FERC rejects effort to regulate Williams’ gathering line
(UI) — The Federal Energy Regulatory Commission (FERC) just gave a big boost to interstate pipelines that are considering new connections between shale fields and customers.
Top federal court slaps FERC’s hands-on project approvals
Two recent federal appeals court decisions make it unlikely that 2024 and beyond will see an improvement in that statistic, even as interstate pipeline building becomes more important, given increased demand from electric generators, data centers and auto electrification.
Federal court rejects four new pipeline safety rules
Not only has the DC Federal Court of Appeals upended FERC decisions, it has now injected itself into Pipeline and Hazardous Materials Safety Administration (PHMSA) decisions.
Washington watch: Pipelines concerned about Biden EPA methane fee proposal
The proposal divides the natural gas industry into three separate baskets, each with a different equation for determining the fee. Natural gas compression facilities and gas transmission pipelines are in the same category and the fee would be assessed when emissions exceed 0.11 percent of the natural gas sent to sale “from or through” the facility.
Washington Watch: Methane Emission Standards Hit Pipelines; but More Gently than Proposed
The Environmental Protection Agency (EPA) issued final methane performance standards for natural gas controllers and compressors, which will require midstream and interstate pipelines to take a new look at their emission controls.
Pipelines unhappy with Clean Water Act final rule
The new Clean Water Act (CWA) final rule from the Environmental Protection Agency (EPA) potentially complicates efforts by pipeline builders (and other infrastructure sectors) to get construction approval from states and tribes.
Biden administration wants to count downstream GHG emissions when FERC considers pipeline, power projects
(UI) — The President Biden administration announced its latest effort to throw a wrench in pipeline construction. The Biden Council on Environmental Quality (CEQ) wants to rollback Trump administration pro-pipeline changes to the National Environmental Policy Act (NEPA).
New permitting provisions in budget bill slight natural gas industry
(UI) — The natural gas industry greeted the permitting reform bill Congress passed, and President Biden signed last month with something short of enthusiasm. The permitting provisions in the Fiscal Responsibility Act of 2023 had only glancing benefits for gas pipelines and were chiefly written to benefit wind, solar and electric energy deployment.
Washington Watch: FERC Rejects Environmental Concerns About Gas Pipeline Projects
(UC) — The Federal Energy Regulatory Commission (FERC) continues to dispatch environmental objections to pipeline projects. Even Chairman Richard Glick, who had originally made reducing greenhouse gas emissions his guiding light, is turning a deaf ear.
Washington Watch: INGAA Opposes New Pipeline Safety Mandates
(UC) — Interstate gas pipelines will have nine months to comply with some of the significant new safety regulations from the Pipeline and Hazardous Materials Safety Administration. The agency has been working on these rules for a decade ever since the San Bruno, Calif., gas explosion on a PG&E pipeline in 2010, which killed eight people.
New Methane Fee Could Hit Pipelines Hard
Numerous interstate pipeline companies have facilities which emit enough methane – in some cases much more than enough – in order to get hit by the new methane fee contained in the Inflation Reduction Act (IRA) President Biden signed in August.
FERC Rate Change Posting Proposal Controversial
Responding to a June 2021 petition from interstate pipeline customers, the Federal Energy Regulatory Commission (FERC) has proposed upgraded website posting requirements when pipelines file for a Section 4 rate change.
Newest EPA Methane Proposal Hits Pipelines Hard
(UC) — The United States Senate bill on climate change, which includes a fee on pipeline emissions of methane, puts a new emphasis on the Environmental Protection Agency’s (EPA) two rulemakings on greenhouse gas emissions (GHG).
FERC Considering Pipeline Sales of ‘Responsibly Sourced Natural Gas’
The Federal Energy Regulatory Commission (FERC) appears likely to approve the first application from a pipeline company to sell “responsibly sourced natural gas” (RSG) at a premium price. Tennessee Gas Pipeline (TGP), a major delivery pipeline on the east coast has in essence been trying to work out an acceptable tariff with FERC for sales of RSG.
EPA, USACE Double-Team Pipeline Construction
The Biden Administration is at it again with its latest regulatory effort to stymie pipeline development. A few months ago, the United States Army Corps of Engineers (USACE) suggested new restrictions on general pipeline repair permit NWP 12, which includes minimal dredge and fill near “waters of the U.S. (WOTUS).”
New FERC pipeline policies worrisome
By Stephen Barlas, Washington, D.C. Editor Potential impact of Europe’s new need for U.S. liquid natural gas (LNG) is now reverberating inside and outside the Federal Energy Regulatory Commission (FERC), as it attempts to implement two new policy statements..
Pipelines Push Back Against New Reliability Regulatory Agency
By Stephen Barlas, Washington D.C. Editor A House Democratic subcommittee chairman is teeing up legislation creating a new regulatory agency that would ostensibly safeguard interstate pipeline reliability. The House subcommittee on energy held a hearing on Jan. 19 on the Energy Product Reliability ..
FERC Ignores Environmentalist Pleas to Penalize Spire STL
By Stephen Barlas, Washington, D.C. Editor In a setback for environmentalists, the Federal Energy Regulatory Commission (FERC) refused to financially penalize the Spire STL pipeline, whose future was thrown into question by a decision from a DC Federal Appeals Court this past summer. The Court said..
Infrastructure Bill Lavishes $44 billion in New Money on Water Construction
By Stephen Barlas, Washington, D.C. Editor Congress dropped a load of new funding for drinking water and sewer construction in the Infrastructure Investment & Jobs Act (IIJA) which is meant to be over and above what the appropriations committees will provide annually for the Clean Water and Drinkin..
FERC Punts on GHG ‘Significance’ Again
By Stephen Barlas, Washington D.C. Editor The Federal Energy Regulatory Commission (FERC) continues to hesitate in determining whether greenhouse gas (GHG) emissions from new pipeline projects are a “significant” contribution to climate change. The latest example is an FERC draft environmental im..
FERC Wants One-Year Limit on State Consideration of Water Quality Permits
The Federal Energy Regulatory Commission plans to apply the new Federal Clean Water Act requirement to transmission pipelines.
EPA Eliminates Methane Emission Restrictions for Pipelines
The new Environmental Protection Agency (EPA) rule, freeing interstate pipelines from Obama-era rules that set volatile organic chemical (VOC) and methane emission restrictions, is headed for a federal court date.
Army Corps Proposes New Pipeline Permit
The Army Corps of Engineers is moving to make changes in its Nationwide Permit 12, which allows pipelines whose construction poses minimal impact on wetlands to enter a simple, quick regulatory permit approval process.
PHMSA ratifies industry request on MAOP
The Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule in mid-July granting transmission pipelines the changes they requested after publication of a big final rule last October titled, “Safety of Gas Transmission Pipelines: MAOP Reconfirmation, Expansion of Assessment Requirements, and Other Related Amendments.”
Pro-Pipeline Changes to NEPA Challenged
One lawsuit has already been filed contesting the Trump administration’s July pro-pipeline changes to the National Environmental Policy Act (NEPA). The White House Council on Environmental Quality (CEQ) gave the Federal Energy Regulatory Commission (FERC) new authority to discount greenhouse gas emissions when approving applications for new interstate pipeline construction.
FERC Policy Statement on ROE Favors Pipelines
Interstate gas and oil pipelines got a couple of big boosts from the Federal Energy Regulatory Commission (FERC) policy statement published on May 21. Changes in the way the FERC calculates a pipeline’s return on equity (ROE) generally mean the higher the ROE, the higher the rates a pipeline can charge.
Senate Water Infrastructure Bills Pass Committee
Two bills passed by the Senate Environment and Public Works Committee will increase authorization levels for the Environmental Protection Agency’s (EPA) Clean Water (CW) and Drinking Water (DW) State Revolving Funds (SRFs). But those are only ceilings for annual funding; the Appropriations Committees in both houses actually determine funding in fiscal year 2021, which begins Oct. 1, 2020, and beyond.
PHMSA Proposal on Valves Proves Controversial
Flack is hitting the Pipeline and Hazardous Materials Safety Administration (PHMSA) from all sides over its proposed rule to require automatic and remote shutoff valves on oil and gas pipelines. The February 2020 proposed rule from PHMSA attempts to implement mandates from both the National Transportation Safety Board (NTSB) and Congress.
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