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agency for natural gas pipelines and liquefied natural gas facilities located onshore and in state waters; 9, 10, r and 11, 12 the Department of Energy (DOE) is the authorizing agency for cross-border electric transmission lines, exports of electricity, 13 and imports and exports of natural gas. 14, 15 The Department of Commerce exercises export authorities not granted to the preceding agencies. 16 In all cases, projects that involve Federal funds, are proposed on Federal lands, require passage across Federal lands, or will affect the air or water quality that is regulated by Federal and state law are subject to some kind of Federal and state permitting or review process. s Multiple Jurisdictions for the Siting, Permitting, and Review Process Large infrastructure siting and permitting in the United States is uniquely challenging in our Federal system of government because it often involves multiple state and Federal agencies and tribal governments with overlapping jurisdictions and different, sometimes conflicting statutory responsibilities. While this interdisciplinary system can help foster appropriate project siting decisions that reduce project impacts, there are often structural and cultural barriers to timely project siting and permitting decisions. Taken together, solely at the Federal level, there are “more than 35 distinct permitting and review responsibilities across more than 18 Federal agencies and bureaus, implemented by staff at headquarters and hundreds of regional and field offices” located across the country. 17 Federal Collaboration with Tribal, State, and Local Governments Most infrastructure siting and permitting decisions are made at the state and local levels; some also require consultation with affected Indian Tribes on projects that impact traditional cultural properties and certain other historic and cultural resources. 18, 19 The local nature of permitting decisions requires close stakeholder interaction and appropriate knowledge of local resource concerns to be addressed in the permitting process. 20 Effective collaboration between Federal agency regional leadership and the state, tribal, and local governments that share permitting and review responsibilities for infrastructure projects is essential to moving a project quickly and efficiently from planning to review and permitting. However, cooperation with state and local governments and consultation with tribes requires additional levels of coordination in the context of large, complex infrastructure permitting decisions and can create significant delays in project approval. State agencies can also lack incentives to act on multi-state linear infrastructure projects, especially when the projects’ primary beneficiaries are located elsewhere. r Pursuant to the Deepwater Port Act (33 U.S.C. § 1501 et seq.), the Maritime Administration within the Department of Transportation has responsibility for permitting liquefied natural gas terminals located beyond state waters. s Depending on the areas through which a pipeline or transmission line is proposed, there are a variety of Federal permitting or review processes that may apply in addition to state and local permits: Clean Water Act Section 401 water quality certificates (33 U.S.C. §§ 1251–1387), Section 402 National Pollutant Discharge Elimination System Permits (33 U.S.C. § 1342), Section 404 dredge and fill permits from the Army Corps of Engineers (33 U.S.C. § 1344), permits under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403), Clean Air Act permits (42 U.S.C. § 7401 et seq.), the Endangered Species Act (16 U.S.C. §§ 1531–1544), and the National Historic Preservation Act (16 U.S.C § 470). In addition, compliance with the National Environmental Policy Act is always required when a proposed TS&D infrastructure project necessitates Federal action (such as funding, permitting, or otherwise approving a pipeline or electricity transmission project). QER Report: Energy Transmission, Storage, and Distribution Infrastructure | April 2015 9-7
Chapter IX: Siting and Permitting of TS&D Infrastructure Engagement of the Public in Energy Infrastructure Siting and Permitting The complexity and scale of major infrastructure projects, such as high-voltage transmission lines and pipelines, are likely to trigger potentially conflicting stakeholder interests and have the potential to produce significant impacts on local communities and the environment, which must be addressed and mitigated 21, 22 through avoidance, minimization, or compensation. Under the National Environmental Policy Act (NEPA), and the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA, any Federal action (such as funding or approving a major pipeline or electricity transmission project) requires the responsible official to consider the potential environmental impacts of the proposed action and any reasonable alternatives. 23, 24 Federal agencies work to prepare a categorical exclusion, environmental assessment, or environmental impact statement, which—depending upon the scope and complexity of the project and the intensity of potential impacts on communities and the environment—can take time to address community and environmental impacts. Affected residential communities, nonprofit organizations, and other stakeholders also participate in the NEPA process through public comment opportunities. 25 Public outreach and engagement with diverse sets of stakeholders is essential to reduce the risks associated with uncertainty and potential challenges. Early and robust public engagement is a recognized best practice and can reduce delays and 26, 27, 28 improve projects. Cross-Border Presidential Permitting and Export Authorities Four Federal agencies currently maintain a role in cross-border Presidential permitting and/or export authorization of energy commodities. The Department of Energy (DOE) oversees permits for cross-border electric transmission lines, exports of electricity, and imports and exports of natural gas. The Department of State permits cross-border oil and refined product pipelines. The Federal Energy Regulatory Commission permits natural gas pipelines and liquefied natural gas (LNG) facilities. The Department of Commerce exercises export authorities not granted to the preceding agencies. These authorities arise from the following statutes and Executive Orders: PETROLEUM, PETROLEUM PRODUCTS, COAL, OR OTHER FUELS Infrastructure: Pipelines, Land Transportation, Other • Executive Order No. 11423 (1968), Executive Order No. 13337 (2004): Permitting authorities regarding pipelines, conveyor belts, bridges, and border crossings for land transportation, including motor and rail vehicles, delegated to the Secretary of State for a national interest determination. t, u Export Authority • Energy Policy and Conservation Act (1975): Delegates Presidential authority to restrict exports of coal, crude oil, petroleum products, natural gas, or petrochemical feedstocks, or related materials or equipment, for domestic use to the Secretary of Commerce. v t Executive Order No. 10485. “Providing for the Performance of Certain Functions Heretofore Performed by the President with Respect to Electric Power and Natural Gas Facilities Located On The Borders Of The United States.” 18 Fed. Reg. 5397. September 9, 1953. http://www.archives.gov/federal-register/codification/executive-order/10485.html. Accessed January 20, 2015. u Executive Order No. 12038. “Relating to Certain Functions Transferred to the Secretary of Energy by the Department of Energy Organization Act.” 43 Fed. Reg. 4957. February 7, 1978. http://www.archives.gov/federal-register/codification/ executive-order/12038.html. Accessed January 20, 2015. v 42 U.S.C. § 6212. 9-8 QER Report: Energy Transmission, Storage, and Distribution Infrastructure | April 2015
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QUADRENNIAL ENERGY REVIEW: ENERGY T
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Preface In June 2013, through the P
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Presidential Memorandum The White H
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(xx) the Small Business Administrat
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TABLE OF CONTENTS Preface..........
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LIST OF FIGURES Figure SPM-1. Age b
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Figure 7-7. Conditions Affecting Li
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Summary TRANSFORMING U.S. ENERGY IN
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same systems (e.g., ports and railw
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Aging Infrastructure and Changing R
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Actions taken in the first term of
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Figure SPM-3. Billion-Dollar Disast
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Key Findings Mitigating energy disr
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Recommendations in Brief To continu
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The potential range of new transmis
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Improve grid communication through
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Undertake a study of the relationsh
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• Doubling the size of the Inland
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Key Findings The United States has
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Promote Caribbean energy TS&D infra
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Recommendations in Brief Improve qu
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• Developing curricula and certif
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(2) the Fish and Wildlife Service I
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Table SPM-2. Examples of Federal Me
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Chapter I INTRODUCTION This chapter
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The requirements that this TS&D inf
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Increases in U.S. Oil and Natural G
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Increased Deployment of Renewable E
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Figure 1-3. Percent Change in Retai
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Climate Science The key conclusions
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Figure 1-7. Change in Annual Averag
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Other actions to deploy low-carbon
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Figure 1-8. Historic and Projected
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Government can build and incentiviz
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Notes: 1. Analyses were conducted w
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Organization of the Remainder of th
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Endnotes 1. Edison Electric Institu
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39. Energy Information Administrati
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Chapter II INCREASING THE RESILIENC
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The Importance of Resilient, Reliab
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Figure 2-1. Illustration of Tornado
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Continued increases in extreme weat
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Weather-Related and Other Reliabili
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Drought is also problematic. In 201
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Electricity TS&D Vulnerabilities Va
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Distribution hardening projects are
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Although pipelines above and below
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Safety and Methane Emissions from G
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Indianapolis’ in 2013 (see Figure
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Natural Gas Infrastructure Dependen
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• The changing geography of natur
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ose to greater than $34 per million
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NE MN IA MO WI IL MI IN KY TN OH Gr
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Vulnerability of Fuel Supply Disrup
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Figure 2-8. Earthquake Vulnerabilit
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Liquid Fuel TS&D Dependencies on El
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Results from an Argonne National La
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QER Recommendations (continued) Sup
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QER Recommendations (continued) Ana
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Endnotes 1. Government Accountabili
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31. The Climate Institute. “Water
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63. Global Climate Change Research
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131. Quadrennial Energy Review Anal
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Chapter III MODERNIZING THE ELECTRI
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The Electric Grid in Transition The
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esources, including central station
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demand; and the costs of alternativ
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In the Southwest, transmission buil
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Pumped hydro storage currently repr
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Resilience investments can require
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Communication with Customer Devices
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and maintenance of the interconnect
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technical experts to develop a set
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Table 3-2. Taxonomy of Utility Busi
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Figure 3-6. Select Electricity Juri
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QER Recommendations The Administrat
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QER Recommendations (continued) Coo
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RECOMMENDATIONS IN BRIEF: Modernizi
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48. North American Electric Reliabi
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Chapter IV MODERNIZING U.S. ENERGY
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A Broad and Collective View of Ener
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States was forecast to become highl
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Changing Global and Domestic Oil Ma
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QER Recommendations SPR MODERNIZATI
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Biofuels and TS&D Infrastructure Is
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QER Recommendations TS&D INFRASTRUC
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The United States and Canada share
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Endnotes 1. Foreign Affairs, Trade
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Chapter V IMPROVING SHARED TRANSPOR
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Increased Use of Shared Transport I
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There are several reasons for this
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Congestion and Competition among Co
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Coal Transportation by Rail Coal re
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Ethanol Transportation by Rail Etha
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QER Recommendations RAIL TRANSPORT
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Figure 5-6. Annual Refinery Receipt
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Funding mechanisms for maintaining
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Inland shippers that want to move a
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DOT reports that connecting roads t
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Uncertainty in U.S. Coal Exports U.
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capacities of 1.5 MW to 2.5 MW, 103
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QER Recommendations PORTS, HARBORS
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QER Recommendations (continued) MOD
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Endnotes 1. Department of Agricultu
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39. Quadrennial Energy Review Analy
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75. Army Corps of Engineers, Planni
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111. Department of Energy. “Wind
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Chapter VI INTEGRATING NORTH AMERIC
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Benefits of North American Energy S
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TS&D infrastructure already plays a
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for electric transmission facilitie
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35, 36 Figure 6-5. U.S. Natural Gas
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pumped hydropower storage could pro
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QER Recommendations NORTH AMERICAN
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Administration Activities and Plans
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Risk and Resilience in the Caribbea
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QER Recommendations CARIBBEAN ENERG
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Endnotes 1. Molburg, J.C., J.A. Kav
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Chapter VI: Integrating North Ameri
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Chapter VII: Addressing Environment
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Chapter VII: Addressing Environment
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Page 347: LIST OF ACRONYMS AND UNITS APE - Ar
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