FERC seeks to codify deadline for state water quality reviews of gas projects

摘要

The Federal Energy Regulatory Commission is formalizing the one-year deadline it has been relying upon for states to decide on water quality certifications for natural gas pipelines or LNG projects. The timing of state reviews has been a source of contention and in some cases delays for interstate gas projects in some northeastern US states. New York in particular has come under attack from the Trump administration and pipeline companies for extending its reviews and denying projects. FERC has waived certain state water quality reviews that it concluded exceeded a one-year timeframe mentioned in the Clean Water Act. Responding to a new Trump administration regulation on CWA Section 401 water quality certifications, intended to limit delays, and a recent executive order, FERC on Sept. 9 proposed the new rule to "categorically establish a reasonable period of time" for the certifications by states or other certifying authorities (RM20-18).