A Quarterly Publication of POWER Engineers Environmental Spring 2021
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CURRENTS
A Quarterly Publication of POWER Engineers Environmental Spring 2021
2 4
THE SOCIAL COST OF CARBON FROM THE TRENCHES
Quantifying the impacts of greenhouse From FORTRAN to FERC
gas emissions
CURRENTS
CURRENTS
SPRING 2021
Volume 26, Issue 2
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LEADERSHIP
INSIGHTS
Employee Mental Health in a Post-Pandemic Workplace
Mark Mary | Chief Human Resources Officer
W
hen the word pandemic So what do these results mean? Essentially, regularly check in with employees to
is mentioned, some of us a high percentage of our employees discuss their concerns. This is a great way
immediately think of are struggling more so today than pre- for managers to listen to how an employee
the financial impact and pandemic. Many of them are asking for is doing on a personal level.
logistical hurdles that our companies have assistance from employers, and how we
faced over the past year. But how often respond as business leaders is vital to our This will help prevent burnout and will
are we considering the key ingredient companies’ long-term success. encourage employees to share when they
that fuels our companies’ success: need a break or help. It’s also a great
our employees? We all know that employees are our great- opportunity to inject some fun into your
est asset. We need to find ways to not only employees’ work lives. For instance, meet-
How are they doing mentally? It’s a loaded attract and retain our workforce, but also ing virtually for a trivia contest or happy
question these days, but one we need to to strengthen it. As the battle for key talent hour reminds everyone that they are part
ask ourselves. The mental health of our increases, here are some ideas to consider of a team.
employees is every bit as important as introducing to your company.
their physical and financial well-being, Commit to the Long Haul. It’s critical that
and here’s why. Establish and Encourage Use of an EAP. An business leaders recognize that the current
Employee Assistance Program (EAP) is a mental health issues faced by our employ-
In a 2020 report by the Standard work-based intervention program designed ees aren’t going away. In fact, we should
Insurance Company, 55% of the more than to assist employees in resolving personal expect that existing employees as well
1,400 workers surveyed about mental and problems that may be adversely affect- as prospective hires will look to mental
behavior health issues in the workplace stat- ing their performance. Services typically health benefits as a top wish list item from
ed that mental health issues have affected include counseling, stress management, employers moving forward.
them more since the pandemic began. wellness coaching, and financial and
legal assistance. Start to infuse accessibility and awareness
A shocking 65% shared that they lost into your leadership training as well as your
more than 10 hours of productivity per If an EAP is not in place, check with your company’s culture. Leaders are key to the
week due to mental health concerns. benefits broker or medical insurance com- success of this initiative. Give them the
The study also found that the majority of pany to see where and if it is offered. If your knowledge and the tools to be successful.
workers impacted by mental health issues company currently subscribes to an EAP,
were younger employees (ages 18–40), now is the time to broadcast the availability The pandemic shined a spotlight on what
with 59% of Millennials and 71% of Gen of this plan to your employees. After can be improved, and now we’re at the
Z reporting mental health challenges. all, they won’t use it if they don’t know pivotal moment to take action—both for
about it. the present and future of our workforce.
In the same study, only 28% of those sur- Make sure to prioritize the awareness
veyed felt that their employer was creating Schedule Regular Staff Check-Ins. This may and availability of tools and resources for
a work culture that fosters mental health. sound like a “no brainer,” but it’s critical your employees so they can remain
And only 34% reported that their company given the times we are currently facing. mentally healthy regardless of what
provided accommodations and flexibility Whether it’s a one-on-one conversation or situations arise.
for mental health concerns. a team meeting, company leaders should
POWER ENGINEERS 1
Quantifying the Impacts
of GHG Emissions:
The Social Cost of Carbon
E
Lou Corio arlier this year, President Joe By putting a price on emitted GHGs,
Senior Air Quality Scientist Biden issued an executive government legislators and policymakers
order (EO) directing all federal can weigh costs against benefits to better
agencies to assess the impacts evaluate whether a regulation, policy or
of greenhouse gas (GHG) emissions for all action that could impact climate change
policy and regulatory actions. (for better or worse) is justified.
The president directed that these impacts The value of the SCC can have a profound
account for damages—not only nationally, effect on the approvability of a proposed
but globally—in terms of the “social cost regulation or policy associated with GHG
of carbon” (SCC) and its two siblings: the emissions. For example, a proposed regu-
social cost of methane and the social cost lation or policy resulting in increased GHG
of nitrous oxide. emissions would appear less favorable with
the use of a higher SCC value. Conversely,
This is an important part of the president’s such a regulation or policy would appear
“all hands on deck” strategy to achieve more favorable with the use of a lower
a carbon pollution-free power sector by SCC value.
2035 and net-zero emissions by 2050.
History of the SCC
What Is the SCC? The history of the SCC spans slightly more
The SCC is an estimate of the long-term than a decade.
cost of damages, in dollars, caused by
emitting one additional metric ton of carbon The Obama administration completed
dioxide (CO2) emissions in a given year. It a process, initiated under the Bush
considers impacts to the environment and administration, to establish fuel economy
How does use of the SCC in a human health and welfare. Factors such and GHG emission standards for certain
cost-benefit analysis impact as changes in agricultural productivity, vehicles. The process included an
policymaking? Learn more at property damages from increased flood accounting of the monetized climate benefit
www.powereng.com/scc risk and changes in energy system costs of making these vehicles more fuel efficient.
are addressed. This accounting was based on the SCC.
2 C u rren t s
Policy impacts. The SCC has been used by the federal government and some state governments in the rule-making process for GHG emission sources.
In 2009, the Obama administration Although the Trump administration SCC at a 3% discount rate, although the IWG
established an interagency working value was considered by leading econo- recommended using even lower discount
group, consisting of leading government mists in the field to be woefully low, these values when evaluating cross-generational
economists and scientists, tasked with same experts believe that even the Obama impacts.
standardizing the valuation of the SCC. administration’s SCC value was too low
The first SCC values, published soon there- and urged establishing a more appropriate The IWG is expected to publish final SCC
after, included an estimate for 2030 of value based on the latest climate science. values no later than January 2022.
$50 per metric ton CO2 (in 2007 dollars)
at a 3% discount rate. The IWG and Current Interim SCC Values Role of the SCC in Federal
As part of his EO, President Biden es- Non-Regulatory Analyses
The discount rate is an economic concept tablished the Interagency Working Group The SCC is destined to play a more critical
that describes the value for today’s genera- on the Social Cost of Greenhouse Gases role in the development of any federal
tion to prevent the climate-related damage (IWG). The IWG is directed to: policy and regulation connected to GHG
that future generations will experience. emissions, as well as in federal agencies’
Use of a discount rate accounts for the fact 1. Provide recommendations regarding non-regulatory impact assessments
that people value current costs and benefits areas of decision-making where the of GHG emissions under the National
more than future costs and benefits. SCC should be applied. Environmental Policy Act (NEPA).
The lower the discount rate, the more 2. Establish a process for updating
weight given to the well-being of future the SCC as needed, using the best Regarding NEPA, President Biden directed
generations. available science and economics. the Council on Environmental Quality to
review and update its 2016 guidance for
The Trump administration disregarded the At the direction of the president, the assessing the impacts of GHG emissions
basis for the SCC developed under the IWG published interim SCC values in late and the effects of climate change in
Obama administration, focusing on the di- February 2021. The interim SCC values NEPA reviews (e.g., Environmental Impact
rect impacts of climate change anticipated are based on the same assumptions and Statements). Although NEPA does not
to occur only within the U.S. As a result, methods used by the Obama administra- require the monetizing of costs and
the Trump administration set the SCC tion in establishing their SCC values. benefits, the role of the SCC may feature
for 2030 at $1 per metric ton CO2 with a more prominently in the updated guidance.
discount rate of 7%, which justified weaker The resulting SCC value for 2030 is now
regulatory action to curb GHG emissions. $62 per metric ton CO2 (in 2020 dollars) Social Cost of Carbon >>> continued on page 10
POWER ENGINEERS 3FROM THE
TRENCHES
From FORTRAN to FERC
Stacey Atella | Project Manager
I
t’s the 1980s. My family moves from about? Check out the movie Hidden To combat boredom, I read the documents
Ohio to California and I start a new Figures.) Oh, but there are numbers. I love I’m photocopying. It’s then that I’m intro-
school named after Neil Armstrong, numbers! Who needs English composition duced to a strange new world that involves
the famous astronaut. The then-Ohio and grammar classes when you can work FERC, sidebooms and something called
state Senator is the famous astronaut, with numbers all day long? a waterbar. Clearly, this waterbar thing is
John Glenn. The hit movie, SpaceCamp, something very impressive because it’s
debuts. By the age of 12, I realize I’m Five years later, I’m about to graduate mentioned many times in the documents
destined to become an astronaut. college with honors, but I’m also a loan- I read. Little did I know.
ladened college student and I need money
Fast forward to 1992, and I am over the for graduate school. So, I accept a job offer One day I receive some exciting news. I’m
moon to receive an early acceptance to making $10 an hour to answer phones, being sent to Montrose, Colorado, as an
UCLA’s aerospace engineering program. take messages on those pink “while you environmental coordinator on a large nat-
The only female in the program? No prob- were out” notepads and make photocopies ural gas pipeline project. There will still be
lem. I'm off to study rocket science! at an environmental consulting firm. Little photocopying, but there will also be daily
inspection reports to review and edit
While most of my engineering peers
are in computer labs learning the
Somewhere along the way, (I guess that English composition
and grammar class came in handy
cool new programming language in my quest to save money after all), paper tracking sheets to be
entered into electronic spreadsheets
called C++, me and about 15 other
befuddled undergrads are holed for grad school, I stumbled (numbers galore) and thousands of
away in a tiny classroom learning photos to label and organize.
the language of the United States into my career.
space program: FORTRAN. Best of all, I will have my own desk
do I realize, but my journey of working on in my own office. Never mind that it’s in
No computer lab for us; just a bunch of Federal Energy Regulatory Commission a construction trailer with no windows or
punch cards. (Not sure what I’m talking (FERC) projects is about to begin. heating vents. It is all mine! And who needs
heat during the winter in Colorado? It is an
The company’s office is a converted house exciting three-month stint that involves
and the copy room resides in a closet lots of overtime pay and a living per diem.
on the second floor. I cringe to think of
the copious hours I spent in that tiny, Instead of a hotel room, I rent a questionable
windowless space, churning out thousands two-bedroom trailer in a trailer park, com-
of photocopies to be hole-punched, plete with a communal clothesline. Oh, the
inserted into binders and snail-mailed to stories I could tell! But it’s only temporary
regulatory agencies and field teams. And and the price tag for grad school includes
our office is at capacity so I don’t even several zeros, so I need to save my money.
have a desk.
The crowning moment of my time in
The copier and I are best buds. Any time Colorado is the day I visit the construction
I leave its side, it jams or decides to ran- right-of-way to help inspect (wait for it)…
Graduation Day. Stacey poses with a classmate, domly skip pages or runs out of toner, waterbars! Needless to say I was utterly
sporting a model space shuttle she built and paper or both. We spend a lot of quality disappointed to learn that a waterbar is
attached to her graduation cap. time together. nothing more than a depression in the dirt.
4 C u rren t sWhat is FERC?
The Federal Energy Regulatory
Commission (FERC) is an independent
agency that, among other things, ap-
proves the siting of interstate natural
gas pipeline and storage facilities,
oversees environmental matters related
to natural gas projects and assesses
the safe operation and reliability of
liquified natural gas terminals.
FERC serves as the federal lead agency
for National Environmental Policy Act
environmental review for construction
or modification of an interstate natural
Dressed for the occasion. Stacey weathers the cold in her unheated construction trailer while on
gas pipeline.
assignment in Montrose, Colorado.
Two years later, I’m lured by a $15 an hour Now, 23 years later, I’m still working in
assignment with plenty of overtime and environmental consulting. I never did at-
a very generous living per diem to spend tend grad school and I am clearly not an
nine months as an environmental coordi- astronaut. The closest I’ve gotten to outer
nator on a large pipeline project in Maine. space is soaring 30,000 feet above ground.
Another year of saving will certainly help
limit the amount of student loans I need, Somewhere along the way, in my quest to
so off I go. save money for grad school, I stumbled
into my career. I now know a lot more
about waterbars, side booms and FERC,
and I use that English composition and
grammar stuff all the time.
I went from answering phones and making
photocopies to a rewarding career in
environmental regulatory compliance and
project management for multimillion-
dollar natural gas pipeline projects.
While I don’t speak FORTRAN anymore, I
On the job. Stacey enjoys a day on the pipeline am fluent in FERC. And I wouldn’t have it
right-of-way while working in Maine. any other way.
POWER ENGINEERS 5EPA Publishes Rulemaking working to issue a Record of Decision on
Actions for Per- and Polyfluoroalkyl the proposed project, and Vineyard Wind
NEWS
Substances (PFAS) plans to begin construction later this year.
On March 3, EPA published Contact: Tom Rolfson, (207) 869-1418
final determinations to regulate tom.rolfson@powereng.com
BRIEFS
perfluorooctanesulfonic acid (PFOS) and
perfluorooctanoic acid (PFOA) under the U.S. House Energy and Commerce
Safe Drinking Water Act (SDWA). This Committee Releases CLEAN Future Act
action brings the regulated community On March 2, the Democrats on the
one step closer to maximum contaminate House Energy and Commerce Committee
levels for these two PFAS. On March 11, introduced the Climate Leadership and
EPA published a proposed SDWA rule Environmental Action for our Nation’s
Stay informed on requiring public water systems to collect (CLEAN) Future Act. The bill would require
data for 29 PFAS and lithium. Community, states to craft State Climate Plans for
environmental regulatory larger non-transient non-community and EPA’s review and enforcement to meet the
select smaller water systems would be national greenhouse gas (GHG) emissions-
news and updates subject to the monitoring. EPA requests reduction targets of 50% by 2030 (from
public comments by May 10, 2021. On 2005 base) and net-zero GHG by 2050.
March 17, EPA published an advance Key provisions address the reduction of
notice of proposed rulemaking under the GHG in the power generation (100% clean
NATIONAL NEWS Clean Water Act (CWA) relating to effluent electricity by 2035), transportation, oil
EPA Finalizes Update to Cross-State limitations guidelines, pretreatment and gas and industrial sectors. The bill
Air Pollution Rule standards and new source performance will move through legislative hearings and
On March 15, the Environmental standards concerning discharges from markups, and is anticipated to move on to
Protection Agency (EPA) finalized an manufacturers and possibly formulators the House for discussion and vote.
update to the Cross-State Air Pollution known to make or use PFAS. EPA requests Contact: Brian Petermann, P.E.
Rule (CSAPR). CSAPR regulates NOX public comments by May 17, 2021. (913) 402-4217
and SO2 emissions from power plants Contact: Dennis Schucker, Ph.D. brian.petermann@powereng.com
in the eastern half of the United States (513) 326-1549
through a cap-and-trade program. This dennis.schucker@powereng.com Thirteen States File Lawsuit to Stop
update is in response to a September Biden’s Suspension on U.S. Oil and Gas
2019 D.C. Circuit Court ruling which re- BOEM Completes Review for First U.S. Lease Sales
manded the 2016 CSAPR update to EPA Offshore Wind Farm On March 24, thirteen states, led by
for failure to consider the 2008 ozone On March 12, the Bureau of Ocean Energy Louisiana Attorney General Jeff Landry,
National Ambient Air Quality Standards Management (BOEM) issued the final filed a lawsuit against the Biden
“good neighbor” provision. According Environmental Impact Statement (EIS) administration, challenging his suspension
to EPA analysis, 12 states (Illinois, for the proposed 800-megawatt Vineyard on U.S. oil and gas lease sales. In January,
Indiana, Kentucky, Louisiana, Maryland, Wind offshore wind project. This is the first President Joe Biden signed an executive
Michigan, New Jersey, New York, Ohio, environmental review that has been com- order (EO) on climate change, which put
Pennsylvania, Virginia and West Virginia) pleted for any major offshore wind project a hold on new oil and gas leases on both
caused impacts in nonattainment and proposed in the U.S. and is expected to federal land and water, and canceled sales
maintenance areas in other states during ease BOEM’s technical review burden for of leases in the Gulf of Mexico, Alaska
the ozone season. This update lowers subsequent projects. The environmental waters and western states. Although the
these 12 states’ emission budgets for review was initially terminated as a result EO doesn’t prevent companies from drilling
each ozone season through 2024. No of Vineyard Wind’s plan to include newer on existing leases, the lawsuit claims a long-
further adjustments are required after the and higher capacity wind turbines than term pause could limit future production
2024 ozone season. those previously proposed. The review and associated operations. In addition,
Contact: Steven Babler was restarted by BOEM after finding that impacts from the pause could drive up oil
(913) 402-4215 the newer turbines fell within the design and gas prices and jeopardize energy jobs.
steven.babler@powereng.com envelope that was analyzed in the draft Contact: Jeff Blackmore, (281) 668-7358
and supplemental EISs. BOEM is now jeff.blackmore@powereng.com
6 C u rren t sNew USACE Nationwide Permits Issued EPA is seeking additional public comment and climate change. It aims to engage
Effective March 15, the U.S. Army Corps on how this additional information may those communities in decision-making
of Engineers (USACE) reissued and contribute to the EPA’s reconsideration processes, such as federal permitting for
modified 12 existing Nationwide Permits of 1) the beneficial use definition and infrastructure projects subject to NEPA,
(NWPs) and issued four new NWPs. For 2) provisions for CCR accumulations. No the creation of climate resiliency plans
these 16 NWPs, the USACE also reissued other aspects of the CCR regulations or and the transition to clean energy. Bill
and modified the NWP general conditions the underlying supporting documents sponsors in both the House and Senate
and definitions. Two of the new NWPs are part of this reopening. The original are cautiously optimistic about passage.
involve finfish and seaweed mariculture comment period closed on February 22, On March 29 in a separate but related
activities. The other new NWPs involve 2021. The new comment period ends on action, the White House named members
1) construction and maintenance of elec- May 11, 2021. to the newly created Environmental Justice
tric utility lines and telecommunication Contact: Dennis Schucker, Ph.D. Advisory Council, which will work with oth-
activities and 2) the construction and (513) 326-1549 er panels in the administration on efforts
maintenance of utility lines for water and dennis.schucker@powereng.com to reduce environmental inequalities. The
other substances. The NWPs allow the council will be funded through EPA.
USACE to authorize minimal impacts to CEQ Rescinds 2019 Draft Guidelines Contact: Kathy Garrard, (207) 869-1411
wetlands and other waters of the United On February 19, pursuant to President kathy.garrard@powereng.com
States under Section 404 of the CWA and Biden’s EO13990: Protecting Public
Section 10 of the Rivers and Harbors Act Health and the Environment and Restoring FERC to Host Two Technical Conferences
of 1899. Science to Tackle the Climate Crisis, in the Spring
Contact: Wendy Hosman the Council on Environmental Quality In March, the Federal Energy Regulatory
(208) 788-0409 (CEQ) rescinded the June 2019 “Draft Commission (FERC) announced it will
wendy.hosman@powereng.com National Environmental Policy Act (NEPA) be hosting two technical, Commissioner-
Guidance on Consideration of Greenhouse led conferences this spring. The
EPA Amends NESHAP Rule to Reflect Gas Emissions” published by the Trump “Electrification and the Grid of the
2008 Court Ruling on SSM Emissions administration. This action essentially Future” conference will be held on April
Effective March 11, EPA amended two reestablishes the Obama administration’s 29, focusing on electric reliability,
provisions in the General Provisions of 2016 GHG guidance by directing the CEQ including projections, drivers and risks
the National Emissions Standards for to review and, as necessary, revise and of electrification in the U.S., and how
Hazardous Air Pollutants (NESHAP) to update the 2016 GHG guidance. CEQ electrification may influence or necessitate
reflect the 2008 U.S. Appeals Court will address any revisions and updates additional transmission and generation
ruling on vacating the exemption for in a separate notice. In the interim, CEQ infrastructure. On June 1 and 2, the
startup, shutdown and malfunction encourages agencies to consider all “Climate Change, Extreme Weather and
(SSM) emissions. The court ruled that available tools and resources in assessing Electric System Reliability” conference
emissions standards or limitations must GHG emissions and climate change will discuss issues surrounding the threat
be continuous under the Clean Air Act effects and apply the 2016 GHG guidance, to electric system reliability posed by
and that the NESHAP SSM exemptions as appropriate. climate change and extreme weather
violated that requirement. Contact: Kim Quinn events. Both conferences are open for the
Contact: Pete Stevenson, (512) 579-3805 (714) 507-2730 public to attend electronically. Attendance
peter.stevenson@powereng.com kim.quinn@powereng.com is free and registration is not required.
Contact: Anette Dearden, (207) 869-1205
EPA Reopens Comment Period for Congress, White House Take Aim anette.dearden@powereng.com
Disposal, Beneficial Use Criteria for CCRs at Environmental Inequalities in
On March 12, EPA announced that Communities of Color Deb Halaand Confirmed as Secretary of
additional comments will be accepted On March 19, “The Environmental Justice the Interior
concerning the December 22, 2020 notice for All Act” was reintroduced to Congress. On March 15, Deb Haaland of New Mexico
of data availability related to their recon- The bill acknowledges how factors such was confirmed as the 54th U.S. Secretary
sideration of the disposal and beneficial as segregation and racist zoning practices of the Interior. A member of the Pueblo
use criteria for coal combustion residuals have rendered communities of color more of Laguna, Ms. Haaland is the first Native
(CCRs or coal ash) from electric utilities. vulnerable to the effects of pollution News Briefs >>> continued on page 8
POWER ENGINEERS 7News Briefs >>> continued from page 7
American to serve as a cabinet secretary. continue to be under the jurisdiction of the new IPDES program. The transfer of
The Department of the Interior oversees RRC and/or EPA. permitting authority from the EPA NPDES
several agencies or entities with which Contact: Julie Morelli, P.G., REM program to the IPDES program began in
environmental and cultural resources con- (210) 951-6424 July 2018.
sultants and their clients regularly interact, julie.morelli@powereng.com Contact: Nathan Collier, CPESC
including the Bureau of Land Management (210) 951-6425
(BLM), BOEM, U.S. Fish and Wildlife Maryland to Regulate Air Pollution from nathan.collier@powereng.com
Service (USFWS) and National Park Poultry Industry
Service (NPS). Secretary Haaland has In March 2021, a Maryland Circuit Court PADEP Increases NPDES Permit
identified several priorities for her tenure judge ruled that the Maryland Department Application and Annual Fees
as Interior Secretary including accelerated of the Environment (MDE) must regulate On March 16, the Pennsylvania
development of renewable energy resourc- the poultry industry’s air emissions of Department of Environmental Protection
es on public lands and waters, a focus on ammonia under the CWA. Maryland’s (PADEP) adopted amended rulemaking
environmental justice and equity, better Eastern Shore is home to a robust poultry related to fee schedules for Water
government-to-government relationships industry that produces over 300 million Quality Management permit applications,
with sovereign Tribal nations, creation of broilers annually. Ammonia is a byproduct including National Pollutant Discharge
union jobs, and conservation of 30% of our of chicken waste, much of which Elimination System (NPDES) permit
lands and waters within the next decade. ultimately ends up in the Chesapeake applications, Notices of Intent and annual
Contact: Jaime Donta Bay, increasing nitrogen pollution levels in fees. PADEP proposes to increase fees
(774) 643-1816 the water. The MDE argued that applying across almost every category of the NPDES
jaime.donta@powereng.com CWA rules to atmospheric ammonia could permit. This final-form rulemaking also
set too broad of a precedent, resulting in clarifies that industrial facilities seeking
STATE the similar regulation of other emission No Exposure Certifications and municipal
TCEQ Issues TPDES Permits for Oil and sources/pollutants, such as vehicle separate storm sewer systems seeking
Gas Discharges to Surface Water exhaust. The state is expected to appeal waivers must submit a formal application
Earlier this year, the Texas Commission on the judge’s ruling. and pay the corresponding fee. A fixed date
Environmental Quality (TCEQ) was given Contact: Lou Corio for payment of annual fees is also defined.
authority from EPA to issue federal permits (410) 312-7912 Contact: Jim Young, P.G., (717) 942-1202
for produced water, hydrostatic test water lou.corio@powereng.com jim.young@powereng.com
and gas plant effluent discharges resulting
from certain oil and gas activities into Idaho IPDES Program to Begin Issuing Delaware River Basin Commission
water in the state. This authority was trans- Stormwater Permits in July Bans Fracking
ferred to TCEQ from EPA and the Railroad On July 1, the authority to issue permits In late February, the Delaware River
Commission of Texas (RRC). TCEQ has for construction, industrial and municipal Basin Commission voted to permanently
TPDES permits available for hydrostatic stormwater will be transferred from EPA to ban natural gas extraction via fracking in
test discharges and individual permits. the Idaho Department of Environmental the basin. The Delaware River Basin is a
General permits are under development Quality (IDEQ). Prior to the issuance 14,000-square mile (approximate) water-
for discharges from onshore stripper of the new Idaho Pollutant Discharge shed that encompasses eastern Delaware,
wells, coastal facilities and territorial seas, Elimination System (IPDES) permits, the western New Jersey, southern New York
and for discharges to the Gulf of Mexico IDEQ and EPA will provide information and and eastern Pennsylvania. The state
outer continental shelf between three and instructions to existing permittees under commissioners, and governors of each
10.5 miles from shore. Existing permittees these programs regarding the transfer of state in the basin, all voted in favor of the
should continue to comply with approved permitting authority, along with training ban. Their decision was based primarily
EPA and/or RRC permits until they expire opportunities and official discharge autho- on research that showed that the risk of
and then apply for the new TCEQ permit. rization letters. Existing permittees must drinking water contamination in the region
Discharges to land (land application) continue to comply with the terms and would be too high.
from certain oil and gas activities are not conditions of their EPA NPDES permits Contact: Lou Corio, (410) 312-7912
regulated by TCEQ at this time, and will until they have received coverage under lou.corio@powereng.com
8 C u rren t sAN ATTORNEY’S
PERSPECTIVE
What Is Happening With NEPA Regulations?
Jeff Thaler, Project Counsel | University of Maine School of Law
O
n July 16, 2020, the Council commonly known as Environmental Impact 5. Joint environmental documents. To the
on Environmental Quality Statements (EIS) and Environmental “extent practicable,” federal agencies shall
(CEQ) finalized comprehen- Assessments (EA). prepare “single” EISs and EAs and “joint”
sive changes to almost all decision documents. The final rule also
of its National Environmental Policy Act Key Regulatory Updates encourages elimination of duplication with
(NEPA) regulations. After reviewing over Project proponents working with federal state, tribal and local procedures through
one million public comments on the agencies on new projects or developments joint preparation of environmental documents.
proposed changes, the CEQ completed the should become familiar with these
first overhaul since 1978 of the statute’s key changes: 6. Applicant flexibility. Applicants may
implementing regulations. now take certain actions while the NEPA
1. EA/EIS time limits. Agencies must process is still underway, such as acquiring
For project proponents, the question is: complete EAs in one year and EISs in two interest in land.
how will this historic rulemaking affect years unless the time limit is modified by
projects under federal jurisdiction? a senior agency official. 7. Agency NEPA procedures. Because
many federal agencies have their own
Regulatory Background 2. Definition of “reasonable alternative.” version of NEPA regulations, CEQ requires
NEPA does not mandate particular results Agencies need only consider alternatives agencies to update their NEPA regulations
or substantive outcomes. Rather, NEPA that are “technically or economically within one year. This prohibits agencies
requires federal agencies to consider envi- feasible,” meet the purpose and need from imposing “additional procedures or
ronmental impacts of proposed actions as for the proposed action and meet the requirements” beyond the new regulations.
part of decision-making processes, and the applicant's goals (if applicable). The new CEQ regulations also govern, in
CEQ is the overseer of its implementation. the event of a conflict with agency specific
3. Scope of “effects.” Agencies “are bound” NEPA procedures, unless there is a
Whenever a project involves spending and “should not go beyond” the definition “clear and fundamental conflict” with the
federal dollars or needs a federal permit of “effects” in the final rule, curtailing requirements of another statute.
to proceed (e.g., impacts on federally federal agencies' discretion to evaluate a
regulated lands, air or water), NEPA broader scope of effects. Looking Ahead
requires federal agencies to assess the In a March 17, 2021 federal court
environmental impact of proposed actions Additionally, CEQ repealed the requirement filing, the CEQ’s attorneys said that it has
prior to decision-making. to consider “cumulative impacts,” defined begun a “comprehensive reconsideration of
effects as those that are “reasonably the 2020 Rule to evaluate its legal basis,
The range of actions covered by NEPA foreseeable and have a reasonably close policy orientation, and conformance with
is broad and includes making decisions causal relationship to the proposed Administration priorities, including the
on permit applications, adopting federal action or alternatives,” as well as those Administration’s commitment to addressing
land management actions and construct- that “occur at the same time and place” climate change and environmental justice.”
ing highways and other publicly-owned and “are later in time or farther removed
facilities. in distance.” Litigation against the 2020 Rule is ongoing
and has not been stayed in a pending
Agencies must evaluate the environmental 4. Categorical exclusions. Agencies have Virginia lawsuit. In the meantime, federal
and related social and economic effects of greater flexibility to apply categorical staff have been instructed by legal counsel
their proposed actions. Additionally, there exclusions, allowing pre-defined categories to comply with the 2020 regulations, and
must be opportunities created for public of routine activities to proceed without this instruction is sound advice for project
review and comment on these evaluations, additional environmental review. proponents as well.
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Social Cost of Carbon >>> continued from page 3
In recent years, FERC Commissioner Richard An ongoing issue of concern regarding the
Glick has called for a more quantitative SCC relates to its establishment as policy.
assessment of the impact of GHG emissions on Just as the Obama administration’s SCC value
climate for oil and gas projects, including use and discount rate were changed by the Trump
of the SCC. Now that Glick is FERC Chairman administration and then changed by the Biden
(promoted earlier this year by President administration, it could likely be changed
Biden), the regulated community should again by a future administration.
assume he will use his leadership position to
further the president’s plans to restrict future In early March, 12 states filed a lawsuit in U.S.
growth in GHG emissions. And, given the lack District Court, claiming the Biden administra-
of available tools for assessing the impacts of tion’s calculation of the SCC to be “arbitrary”
GHG emissions, these plans could include the and capricious.” President Biden can expect
use of the SCC in the project review/approval further challenges in court, especially if his
process under NEPA. finalized SCC values are greater than the
interim SCC values.
The Future of the SCC
As mentioned earlier, the recently released Going forward, the Biden administration
interim SCC values are based on the Obama should not only engage with, but also seriously
administration’s methodologies (i.e., not the consider the input of affected stakeholders as
most current climate science). In developing it considers setting the final SCC values later
the final SCC values over the remainder of this this year. This would go a long way in helping
year, the Biden administration will be attempt- the federal government establish a value that
ing to address the latest information on climate satisfies all parties, and hopefully provide
change impacts. Therefore, we anticipate the some prolonged stability to the SCC.
final SCC to be set at even higher values than
the interim SCC.
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