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.
- Bureau of Ocean Energy Management, Regulation and Enforcement
- Federal Energy Regulatory Commission
- U.S. Coast Guard
- National Oceanic and Atmospheric Administration
- Environmental Protection Agency
- U.S. Fish and Wildlife Service
- Department of Energy
Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE): BOEMRE conducts planning and issues leases and authorizations for offshore oil and gas operations and renewable energy projects in federal waters under the Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. § 1801, et. seq.). BOEMRE renewable energy authority covers 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 (NGA) (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 NGA amendments through the Energy Policy Act of 2005, FERC has exclusive authority to authorize and regulate the siting of new onshore liquefied natural gas (LNG) facilities. This approval process incorporates safety standards for LNG facilities established by the U.S. Department of Transportation (DOT). Under the Federal Power Act (16 U.S.C. § 792-823a), FERC has the authority to issue licenses for the construction and operation of hydrokinetic projects in state waters and on the OCS.
* The April 9, 2009 MOU between DOI and FERC clarified jurisdictional understandings regarding renewable energy projects in offshore waters on the OCS. Specifically, BOEMRE has exclusive jurisdiction with regard to the production, transportation, or transmission of energy from non-hydrokinetic renewable energy projects on the OCS. For hydrokinetic projects on the OCS, BOEMRE has exclusive jurisdiction to issue leases, easements, and rights-of-way while FERC has exclusive jurisdiction to issue licenses and exemptions. Furthermore, FERC will not issue preliminary permits for projects on the OCS.
U.S. Coast Guard (USCG) and Maritime Administration (MARAD): Under the Deep Water Port Act (33 U.S.C. § 1501, et. seq.), MARAD and the USCG regulate 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 USCG has authority to set safety standards for the marine transfer facilities at LNG terminals.
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 C.F.R. 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.
- Ocean Thermal Energy Conversion Act (OTECA) (42 U.S.C. §§ 9101-9168). NOAA licenses OTEC facilities. (Under OTECA and the Ocean Thermal Energy Conversion Research, Development, and Demonstration Act (42 U.S.C. §§ 9001-9009) the Department of Energy licenses “pilot” projects after consulting with NOAA.) The NOAA Administrator delegated OTEC licensing authority to the National Ocean Service Assistant Administrator (AA) in NOAA Directive 05-50 (NOAA Circular 83-38) of Sept. 21, 1983 (transferred from NOAA Directives Management System to NOAA Organizational Handbook by Circular 92-21 on Sept. 28, 1992). The NOS AA, while reserving authority to issue or deny an OTEC license, delegated OTEC licensing responsibility to OCRM. There is renewed interest in OTEC facilities and OCRM is rebuilding its OTEC capabilities.
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 (NPDES) permits for discharges in federal offshore waters under the Clean Water Act (33 U.S.C. § 1251, et. seq.). Through its Clean Energy Programs, EPA works with state policy makers, electric and gas utilities, energy customers, and other key stakeholders to identify, design and implement clean energy policy and technology solutions. These programs provide useful, objective information and technical assistance for available clean energy technologies.
U.S. Fish and Wildlife Service (USFWS): The USFWS is involved in the review of potential wind energy projects on public lands through the National Environmental Policy Act. This involvement may be as a cooperating agency or because of the Service’s responsibilities under the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, the Endangered Species Act. Service biologists also provide technical expertise regarding the potential wildlife impacts of proposed wind energy developments.
Department of Energy (DOE): DOE supports the development of reliable, clean, and affordable energy and promotes scientific and technological innovation to help achieve that goal. DOE has offices that focus on both traditional and renewable energy, as well as energy efficiency.
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