Rep. Kelly, Sen. Toomey introduce bill to streamline regulations for gas pipeline construction

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U.S. Rep. Mike Kelly (R-PA) and U.S. Sen. Pat Toomey (R-PA) introduced a bill in Congress that seeks to ease regulations for natural gas pipeline construction.

Further, the Pipeline Permitting for Energy Security Act (H.R. 9372/S. 5165) would approve the completion of the Mountain Valley Pipeline project — a natural gas pipeline system that spans approximately 303 miles from northwestern West Virginia to southern Virginia.

“Through the Pipeline Permitting for Energy Security Act, Congress would create regulatory certainty for pipeline construction nationwide and greenlight the long-delayed Mountain Valley Pipeline. This would also enable increased access to low-cost, clean, and safe, natural gas from Pennsylvania. Real, lasting permitting reform is pivotal to creating a sustainable American energy policy for the 21st century,” Toomey said.

Additionally, the Pipeline Permitting for Energy Security Act would, among other things, limit state authority to delay pipeline construction by mandating concrete timelines for Clean Water Act review and clarify factors unrelated to water quality not to be considered in the CWA review process. The bill also seeks to provide a clear scope of navigable waters included in the CWA review.

“Pennsylvania is the second-largest natural gas producing state in the country, and I’m committed to making sure the Keystone State can continue to serve as an energy leader in the United States and around the world,” Kelly said. “The Biden administration has created so many burdensome regulations on our domestic energy production during his first two years in office, driving costs up and shrinking the value of Americans’ hard-earned dollar. This bill eases regulatory conditions so pipelines can transport that gas from Pennsylvania to the Northeastern United States, ultimately lowering energy costs for families and businesses.”

In addition, the bill would protect the use of general permits to prevent duplicative reviews of construction along the same pipeline.

“Pennsylvania has world-class natural gas assets, but pipeline constraints prevent us from fully unleashing the value of these resources for consumers locally and allies abroad. Natural gas demand is strong – and we’re seeing producers across the state respond with new well activity, but we need to be able to get the product to consumers, domestically and abroad. America needs action on policies that will reduce chronic permitting delays, encourage more local manufacturing uses and build more energy infrastructure,” Marcellus Shale Coalition President David Callahan said.

Several other stakeholder groups applauded the proposed legislation.

“This legislation is focused on meaningfully addressing overly burdensome regulations associated with the Clean Water Act (CWA) and National Environmental Policy Act (NEPA) for both interstate natural gas pipelines and other vital energy infrastructure. We hope this further informs the conversation around permitting reform as we head into the next year,” Amy Andryszak, president and CEO of the Interstate Natural Gas Association of America, said.

The bill would streamline the NEPA review process for major federal projects; prevent the expansion of the Endangered Species Act qualifications from obstructing pipeline infrastructure; shorten standard Endangered Species Act consultation timeframes; and create a new expedited consultation process for projects proven to cause minimal effect.

“As a matter of energy security, permitting reform legislation would address and ensure our nation’s ability to produce and deliver our vast domestic energy resources, including renewables, and enhance our ability to effectively transition to a lower-carbon future,” said Thomas Karam, chairman and CEO of Equitrans Midstream.

UGI Energy Services, based in King of Prussia, also backs the bill.

“Natural gas and natural gas infrastructure are critical to ensuring our economy can grow and that many U.S. families can live comfortably. It’s time for the Congress to pass legislation that enables an infrastructure to be built that can deliver clean, reliable, and safe energy throughout the U.S. while also protecting the environment. We are grateful for Senator Toomey’s longstanding and unwavering support of our industry and look forward to passage of this important legislation,” Joe Hartz, president of UGI Energy Services, said.