The Federal Energy Regulatory Commission (FERC) is the lead federal agency in the review and authorization of natural gas infrastructure projects under the Natural Gas Act. As the lead Federal agency, FERC coordinates with federal, Tribal, state, and local agencies that have permitting responsibilities.
FERC’s Role
During public participation opportunities, such as a public comment period, the public is encouraged to file comments with FERC instead of every permitting agency. Comments submitted in eLibrary to the FERC docket are shared with all cooperating and permitting agencies during the environmental review process. FERC’s permit and approval coordination allows the public to access a consolidated record for easier public engagement.
Each natural gas pipeline project is site-specific and may have additional site-specific permitting, approval, consultation, or clearance requirements not outlined in this handout. This webpage provides a general overview of applicable permitting agencies for natural gas pipeline projects under FERC’s jurisdiction by resource area. The information provided summarizes the permits, approvals, consultations, and clearances required by each administering agency and jurisdiction and is not uniformly applicable to every project.
FEDERAL
Resource Area: General
Federal Energy Regulatory Commission
Reviews applications requesting construction and operation of interstate natural gas pipelines and related facilities
Administers Certificate of Public Convenience and Necessity under section 7 of the Natural Gas Act
Resource Area: Air and Noise
U.S. Environmental Protection Agency
Provides consultation role to the State Department of Environmental Quality on air emissions permitting
U.S. Department of Transportation
Administers approval and notice to the Federal Aviation Administration of proposed construction or the alteration of existing structures for safe, efficient use, and preservation of the navigable airspace
Resource Area: Transportation
U.S. Department of Transportation
Conducts Pipeline and Hazardous Materials Safety Administration consultation for Minimum Federal Safety Standards for pipeline facilities and the transportation of gas
Resource Area: Water
U.S. Environmental Protection Agency
Provides Clean Water Act Section 404 floodplain management and protection of wetlands
Leads review of wetland impacts for the U.S. Army Corps of Engineers Clean Water Act Section 404 Permit regulating discharged or fill material into waters of the U.S. to protect aquatic environments and prevent severe degradation of the nation’s waters
Establishes Clean Water Act Section 402 National Pollutant Discharge Elimination System Construction Wastewater Discharge and Operational Wastewater Discharge permit program for municipal and industrial wastewater treatment plants and stormwater runoff
U.S. Army Corps of Engineers District Office
Administers Clean Water Act Section 404 permit program regulating the discharge of dredged or fill material into waters of the U.S. to protect aquatic environments and prevent severe degradation of the nation’s waters
Administers Rivers and Harbors Act Section 10 permit process for the construction of any structure or work in, over, or under navigable waters of the U.S.
Administers Rivers and Harbors Act Section 14 Real Estate permit process to allow alterations or modifications to civil works projects built by the U.S. Army Corps of Engineers
U.S. National Park Service
Conducts Wild and Scenic Rivers Act determination and coordination to preserve rivers with natural, cultural, and recreational values
U.S. Department of Agriculture - Natural Resources Conservation Service, Farm Service Agency
Administers Wetland Reserve Program and Wetland Reserve Easements Program that helps restore voluntarily enrolled private lands with degraded wetland features
Resource Area: Biological
U.S. National Marines Fisheries Service/National Oceanic and Atmospheric Administration Fisheries
Leads Endangered Species Act Section 7 interagency consultation along with U.S. Fish and Wildlife Service
Leads Marine Mammals Protection Act Section 101(a)(5), Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat, and Fish and Wildlife Coordination Act consultations along with U.S. Fish and Wildlife Service
U.S. Fish and Wildlife Service Region/Field Office
Leads Endangered Species Act Section 7 interagency consultation along with U.S. National Marines Fisheries Service/National Oceanic and Atmospheric Administration Fisheries
Leads Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, and Fish and Wildlife Coordination Act consultations
Resource Area: Land Use
U.S. Department of Agriculture - Natural Resources Conservation Service, Farm Service Agency
Provides recommendations for seed mixes and restoration of disturbed lands
Conducts consultation on lands enrolled in the Conservation Reserve Program to establish sustainability of native ground cover
Administers Agricultural Conservation Easement Programs for landowners, land trusts, and other entities on working farms and ranches
U.S. Department of Interior, Bureau of Land Management
Administers and manages the review process for amendment(s) to existing land grant(s) for infrastructure development and conservation of land resources
Resource Area: Cultural and Historic
U.S. National Park Service
Leads National Historic Preservation Act Section 106 consultation for consideration of the effects of projects on historic properties (buildings, structures, objects, districts, and archaeological sites) that are listed or eligible for listing in the National Register of Historic Places
Tribal Nations
Resource Area: Cultural and Historic
Tribal Government
FERC initiates government to government consultation on the effects of proposed projects on Tribal rights and resources in accordance with its 2003 Policy Statement on Consultation with Indian Tribes in Commission Proceedings.
FERC invites Tribal government representatives including federally recognized Tribes and Tribes with a historic interest in the proposed project area to participate in consultation regarding cultural properties and/or artifacts that may be affected by the project. FERC invites potentially affected Tribes by notice, letter, email, or telephone
State
Resource Area: Water
State Water Quality Division
Administers General Permits for Construction Stormwater Discharge and Industrial Wastewater Discharge under the National Pollution Discharge Elimination System for municipal and industrial wastewater treatment plants and stormwater runoff
Administers General Permit for Construction Dewatering and Discharge of Hydrostatic Test Water under the National Pollution Discharge Elimination outlining specific requirements for water quality, monitoring, and corrective actions
Administers Clean Water Act Section 401 Water Quality Certificate from a state or authorized tribe stating a proposed project will meet water quality standards and other provisions of state or tribal law for discharge into U.S. waters
Reviews permit application and issues Temporary Water Use Permit and Water Appropriation Permit
State Department of Environmental Quality/Coastal Management
Administers Fill Materials License involving placement of fill material, such as dirt, sand, or rock, into waters of the U.S. or for large-scale land grading and improvements
Administers Coastal Zone Management Act Coastal Use Permit process requiring consistency with state coastal zone management programs
Conducts Coastal Zone Management Consistency Determination with state’s coastal resource objectives and policies
State Game, Fish, and Wildlife Department
Administers Sand and Gravel Permit to regulate activities that discharge pollutants into water bodies ensuring compliance with environmental and safety standards
Resource Area: Land Use
State Department of Transportation
Administers permit to construct access driveway facilities on highway right-of- way
Administers right-of-way grant to cross state lands
Administers permits for access connections to state highways
Resource Area: Biological
State Game, Fish, and Wildlife Department
Leads consultation and clearance process on fisheries, wildlife, and state-listed species
Resource Area: Air and Noise
State Air Quality Division
Leads New Source Review for Title V Construction and Operating Permit and
Prevention of Significant Deterioration Air Permit for new major sources or major modifications at existing sources for air pollutants
State Department of Environmental Quality/Coastal Management
Leads Minor Source Operating Permit process for facilities that emit air pollutants below the major source thresholds allowing operation after project construction
Resource Area: Cultural and Historic
State Historic Preservation Office
Conducts National Historic Preservation Act Section 106 consultation for consideration of the effects of projects on historic properties (buildings, structures, objects, districts, and archaeological sites) that are listed or eligible for listing in the National Register of Historic Places
Local
Resource Area: Land Use
County/City
Administers levee/ditch crossing, railroad crossing, drain crossing, floodplain, building and aboveground facilities permits
Note: FERC has existing Memoranda of Understanding (MOUs) with other federal agencies that have jurisdiction in permitting and issuing authorizations. FERC works to address the effects of proposed projects on Tribal rights and resources through consultation under FERC’s trust responsibility and its authority under FERC’s environmental and decisional documents and enabling statutes..
A cooperating agency has environmental or other permitting responsibilities, or resource area expertise. Additional opportunities to comment directly with other agencies may exist.
Please visit FERC’s How to File a Comment webpage and Participating Online at FERC webpage to learn more about submitting comments. If you have any questions, please contact OPP via email at [email protected] or by phone at 202-502-6595. Please direct all media inquiries to [email protected].
This is an educational document produced by FERC’s Office of Public Participation (OPP), pursuant to its statutory mission of providing participation support and guidance. This document does not reflect the official views of FERC, any individual Commissioner, or the United States, and you should not rely on it for legal purposes.