H.R. 3668: Improving Interagency Coordination for Pipeline Reviews Act

This bill, titled the "Improving Interagency Coordination for Pipeline Reviews Act," aims to enhance the efficiency and coordination of federal agencies involved in the review and authorization process for natural gas pipeline projects. The main goals and provisions of the bill are as follows:

1. Lead Agency Designation

The Federal Energy Regulatory Commission (FERC) is designated as the sole lead agency responsible for conducting reviews under the National Environmental Policy Act (NEPA) for natural gas pipeline projects. This simplifies the review process by having one primary agency oversee environmental assessments and authorizations.

2. Interagency Coordination

FERC is required to coordinate with other federal and state agencies involved in the authorization process early in the review process. This aims to ensure that the information developed during the NEPA review is useful to all participating agencies, facilitating a smoother review and approval process.

3. Agency Deference

Other federal and state agencies must give deference to the scope of FERC's NEPA review when making their decisions regarding project authorizations. This means they should consider FERC's assessments and findings as a primary basis for their approvals.

4. Identification and Participation of Agencies

FERC must identify relevant agencies that may need to participate in the review process within 30 days of receiving a project application. The Commission will invite these agencies to participate and establish deadlines for them to respond.

5. Limitations on Non-designated Agencies

If an agency is not designated as a participating agency by FERC, it cannot conduct its own supplemental NEPA reviews unless it can demonstrate that such reviews are necessary for its legal responsibilities and that the required information was not obtainable during the primary NEPA review.

6. Water Quality Considerations

The bill provides that applicants for federal authorizations will not need to provide certain water quality certifications that are typically required under the Federal Water Pollution Control Act. Instead, FERC will coordinate with relevant state agencies to ensure that discharge activities comply with water quality requirements.

7. Deadlines for Authorizations

The bill establishes a deadline for federal authorizations related to gas pipeline applications, setting it at no later than 90 days after FERC completes its NEPA review, unless other federal laws define a different schedule.

8. Application Processing and Rights

Agencies are required to create plans to comply with the schedules established by FERC and ensure concurrent processing of authorizations. If an agency fails to meet a deadline, it must notify Congress and FERC with a proposed implementation plan to complete the necessary actions.

9. Transparency and Public Information

FERC is tasked with tracking and publicly sharing information regarding all actions necessary to complete federal authorizations for pipeline projects. This includes maintaining a record of schedules, action items, completion dates, and contact points for accountability.

10. Security Consultations

FERC must consult with the Transportation Security Administration to assess and ensure compliance with best practices regarding pipeline security, cybersecurity, and personnel security during the application review process.

Relevant Companies

• NEE - NextEra Energy, Inc.: Likely to be impacted due to its substantial investments in natural gas infrastructure and projects that may require federal authorizations.
• ET - Energy Transfer LP: Engaged in the transportation of natural gas, this firm could see implications for its pipeline projects' review processes.
• DCP - DCP Midstream, LP: A midstream energy company that may be affected by the new regulatory process for its natural gas pipelines.