Coastal Issues | Energy and Government | Federal Agencies
Federal Government Agencies Involved in Energy Facility Siting
Several federal agencies are involved in siting energy facilities such as this oil rig off the Louisiana coast.
The following is a list of the primary federal agencies involved in energy facility siting and their responsibilities.
Minerals Management Service (MMS): MMS conducts planning and issues leases and permits for offshore oil and gas operations under the Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. § 1801, et. seq.). More recently, under the Energy Policy Act of 2005 (Pub. L. No. 109-58), MMS was given responsibility for permitting alternate energy-related uses of the Outer Continental Shelf such as wind farms, tidal and wave facilities, as well as re-use of offshore oil and gas platforms for other energy and non-energy uses.
Federal Energy Regulatory Commission (FERC): Under the Natural Gas Act (15 U.S.C. § 717, et. seq.), FERC issues certificates of public convenience and necessity for gas pipelines and authorizations for the import or export of natural gas. Under the Energy Policy Act of 2005, FERC has exclusive authority to authorize and regulate the siting of new onshore LNG facilities. This approval process incorporates safety standards for LNG facilities established by the U.S. Department of Transportation (DOT).
U.S. Coast Guard (USCG): Under the Deep Water Port Act (33 U.S.C. § 1501, et. seq.), the Coast Guard regulates LNG terminals in federal waters and must determine whether moored ships and their moorings present navigation hazards. In addition, under the Ports and Waterways Safety Act of 1972 (33 U.S.C. § 1221, et. seq.), the Coast Guard has authority to set safety standards for the marine transfer facilities at LNG terminals. With the passage of the Maritime Transportation Security Act of 2002 (Pub. L. No. 107-295), primary responsibility for regulating offshore LNG facilities is now shared with the DOT Maritime Administration.
U.S. Department of Transportation (DOT): As part of the Maritime Transportation Security Act of 2002, Congress gave the Secretary of the Department of Transportation regulatory authority over LNG facilities constructed offshore in federal waters. Thus, primary responsibility for regulating offshore LNG facilities is now shared by the Maritime Administration and the Coast Guard. Under the Natural Gas Pipeline Safety Act, DOT’s Office of Pipeline Safety has authority to set and enforce safety standards for all pipeline transportation and pipeline facilities, except for the marine transfer areas at LNG facilities.
U.S. Environmental Protection Agency (EPA): When applicable, EPA issues a Prevention of Significant Deterioration (PSD) permit for air emissions under the Clean Air Act (42 U.S.C. § 1701, et. seq.).EPA also issues National Pollutant Discharge Elimination System permits for discharges in federal offshore waters under the Clean Water Act (33 U.S.C. § 1251, et. seq.).
U.S. Department of Commerce/National Oceanic and Atmospheric Administration (NOAA): NOAA’s responsibilities for coastal and offshore energy are as follows:
National Environmental Policy Act (NEPA) (42 U.S.C. § 7401, et seq.). NOAA assists lead agencies to develop applicable environmental review documents under NEPA.
Endangered Species Act (ESA) (16 U.S.C. § 1531, et seq.). If an energy project may affect endangered species listed under the ESA or habitat of listed species, then the lead agencies must consult with NOAA's National Marine Fisheries Service (NMFS), under section 7 of the ESA.
Marine Mammal Protection Act (MMPA) (16 U.S.C. § 1361,
et seq.). If an energy project would harm, harass or take a marine mammal, then the applicant may need an incidental take authorization from NMFS.Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) (16 U.S.C. § 1801, et seq.). If an energy project may adversely affect “essential fish habitat,” then the lead federal agencies must consult with NMFS before issuing the license.
National Marine Sanctuaries Act (NMSA) (16 U.S.C. § 1431, et seq.). An energy project may be prohibited from being located in a National Marine Sanctuary. In other cases a permit from NOAA would be required. If an energy project were likely to injure or destroy sanctuary resources, then the lead agencies must consult with NOAA’s National Marine Sanctuaries Program.
Coastal Zone Management Act (CZMA) (16 U.S.C. § 1451,
et seq.). An energy project applicant must provide affected coastal states with a consistency certification, pursuant to 15 CFR part 930, subpart D. If a State objects, then the authorizing federal agency cannot issue the license, unless the applicant appeals the state’s objection to the Secretary of Commerce and the Secretary overrides the state’s objection, pursuant to 15 CFR part 930, subpart H.Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. § 9601, et seq.) and the Oil Pollution Act (OPA) (33 U.S.C. § 2701, et seq.). If an environmental accident occurs at a coastal or offshore energy project, then NOAA's Damage Assessment and Restoration Program may have restoration and damage assessment authority under CERCLA and OPA.
Note that all Federal statutes may be accessed at: http://www.access.gpo.gov/uscode.