Difference between revisions of "IIP/Permitting and Regulations"

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==Integrated Interagency Pre-Application Process: {{SUBPAGENAME}}==
 
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A developer of certain electric transmission projects may apply to the [https://openei.org/wiki/United_States_Department_of_Energy United States Department of Energy] (DOE) to use the “Integrated Interagency Pre-Application (IIP) Process” to facilitate the timely exchange and review of environmental information between a developer, federal, and non-federal entities (hereafter parties) required for federal authorizations. [https://openei.org/wiki/Title_10_CFR_900_Coordination_of_Federal_Authorizations_for_Electric_Transmission_Facilities 10 C.F.R. §§ 900.1–900.6]. A federal authorization is any authorization required under federal law to site an electric transmission facility (i.e., federal actions that triggers review, permitting, consultation or other requirements, such as those required under the [https://openei.org/wiki/National_Environmental_Policy_Act National Environmental Policy Act], Section 106 of the [https://openei.org/wiki/National_Historic_Preservation_Act National Historic Preservation Act], and Sections 7 and 10 of the [https://openei.org/wiki/Endangered_Species_Act Endangered Species Act]). [https://openei.org/wiki/Title_10_CFR_900_Coordination_of_Federal_Authorizations_for_Electric_Transmission_Facilities 10 C.F.R. §§ 900.3]. A “Federal Entity” is any federal agency:
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* with jurisdictional interest;
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* responsible for issuing a federal authorization;
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* with relevant expertise with respect to environmental and other pertinent issues; or
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* provides funding for the proposed qualifying project. 10 C.F.R. § 900.3.
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Below is a list of common federal authorizations that may be coordinated as part of the Integrated Interagency Pre-Application Process.
  
 
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Revision as of 14:54, 19 August 2019

Integrated Interagency Pre-Application Process: Permitting and Regulations

A developer of certain electric transmission projects may apply to the United States Department of Energy (DOE) to use the “Integrated Interagency Pre-Application (IIP) Process” to facilitate the timely exchange and review of environmental information between a developer, federal, and non-federal entities (hereafter parties) required for federal authorizations. 10 C.F.R. §§ 900.1–900.6. A federal authorization is any authorization required under federal law to site an electric transmission facility (i.e., federal actions that triggers review, permitting, consultation or other requirements, such as those required under the National Environmental Policy Act, Section 106 of the National Historic Preservation Act, and Sections 7 and 10 of the Endangered Species Act). 10 C.F.R. §§ 900.3. A “Federal Entity” is any federal agency:

  • with jurisdictional interest;
  • responsible for issuing a federal authorization;
  • with relevant expertise with respect to environmental and other pertinent issues; or
  • provides funding for the proposed qualifying project. 10 C.F.R. § 900.3.


Below is a list of common federal authorizations that may be coordinated as part of the Integrated Interagency Pre-Application Process.


Topic Approval Name Threshold Agency RAPID Link
Biological Resources Bald and Golden Eagle Permit Any taking of bald or golden eagles if such taking is incidental to, and not the purpose of carrying out an otherwise lawful activity. 16 U.S.C. § 668(a). U.S. Fish and Wildlife Service Bald and Golden Eagle Permit (12-FD-b)
Biological Resources Endangered Species Act Section 7 Consultation Any action authorized, funded, or carried out by a federal agency. 16 U.S.C. § 1536(a)(2). U.S. Fish and Wildlife Service;
National Marine Fisheries Service
Endangered Species Act Section 7 Consultation (12-FD-c)
Biological Resources Endangered Species Act Section 10 Incidental Take Permit Any taking of threatened or endangered species if such taking is incidental to, and not the purpose of carrying out an otherwise lawful activity. 16 U.S.C. § 1539(a)(1)(B). U.S. Fish and Wildlife Service;
National Marine Fisheries Service
Endangered Species Act Section 10 Incidental Take Permit (12-FD-d)
Cultural Resources National Historic Preservation Act Section 106 Resource Survey Overview Any federal undertaking that has the potential to affect properties listed in or eligible for listing in the National Register of Historic Places. 16 U.S.C. § 470f. Advisory Council on Hisotric Preservation;
Bureau of Indian Affairs
National Historic Preservation Act Section 106 - Resource Survey Overview (11-FD-a)
Water Quality Clean Water Act Section 404 Permit Any discharge of dredge or fill material into waters of the United States. 33 U.S.C. § 1344. U.S. Army Corps of Engineers Clean Water Act Section 404 Permit (14-FD-a)
Water Quality National Pollutant Discharge Elimination System (NPDES) Permit Any person, except persons covered by general permits under 40 C.F.R. § 122.28, who discharges pollutants or proposes to discharge pollutants to waters of the United States. 33 U.S.C. § 1342. United States Environmental Protection Agency National Pollutant Discharge Elimination System (NPDES) Permit (14-FD-b)
Siting and Regulation FERC Electric Transmission Construction Permit If a state does not have the authority to site transmission facilities, cannot consider interstate benefits of a proposed project located in a National Corridor, withholds approval for more than one year, or has conditioned its approval in a manner that will not significantly reduce transmission congestion in interstate commerce or is not economically feasible. Or if the applicant is a transmitting utility but does not qualify to apply for a permit or siting approval from the state because the applicant does not serve end-use customers in the state. The facilities must also be used for transmission of electric energy in interstate and their proposed construction or modification must 1) be consistent with the public interest, 2) significantly reduce transmission congestion in interstate commerce and protect or benefit consumers, 3) be consistent with sound national energy policy and enhance energy independence, and 4) maximize the transmission capabilities of existing towers or structures to the extent reasonable and economical. 16 U.S.C. § 824p(b). Federal Energy Regulatory Commission FERC Electric Transmission Construction Permit (8-FD-d)
Siting and Regulation Presidential Permit To construct, operate, maintain, or connect an international electric transmision facility. 10 C.F.R. §§ 205.300–309. United States Department of Energy;
United States Department of Energy - Office of Electricity;
United States Department of Defense
Presidential Permit (8-FD-e)
Biological Resources NOAA Fisheries - Marine Mammal Protection Act Incidental Harassment Authorization Any person who engages in an activity other than commercial fishing within a specified geographic region and who incidentally, but not intentionally, take by harrassment small numbers of marine mammals of a species or population stock. 16 U.S.C. 1371(a)(5)(D). National Oceanic and Atmospheric Administration (NOAA) NOAA Fisheries - Marine Mammal Protection Act Incidental Harassment Authorization (12-FD-e)
Biological Resources NOAA Fisheries - Marine Mammal Protection Act Incidental Take Letter of Authorization Any person who engages in an activity other than commercial fishing within a specified geographic region and who incidentally, but not intentionally, take small numbers of marine mammals of a species or population stock. 16 U.S.C. 1371(a)(5)(A). National Oceanic and Atmospheric Administration (NOAA) NOAA Fisheries - Marine Mammal Protection Act Incidental Take Letter of Authorization (12-FD-f)
Biological Resources U.S. Fish and Wildlife Service - Marine Mammal Protection Act Incidental Harassment Authorization Any person who engages in an activity other than commercial fishing within a specified geographic region and who incidentally, but not intentionally, take by harrassment small numbers of marine mammals of a species or population stock. 16 U.S.C. 1371(a)(5)(D). U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service - Marine Mammal Protection Act Incidental Harassment Authorization (12-FD-g)
Biological Resources U.S. Fish and Wildlife Service - Marine Mammal Protection Act Incidental Take Letter of Authorization Any person who engages in an activity other than commercial fishing within a specified geographic region and who incidentally, but not intentionally, take small numbers of marine mammals of a species or population stock. 16 U.S.C. 1371(a)(5)(A). U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service - Marine Mammal Protection Act Incidental Take Letter of Authorization (12-FD-h)
Environmental Review Bureau of Land Management - NEPA Review Any discretionary federal action that is subject to Bureau of Land Management control and responsibility. 42 US.C. § 4332; 40 C.F.R. § 1508.18; 43 C.F.R. § 46. Bureau of Land Management Bureau of Land Management - NEPA Review Overview (9-FD-a)
Environmental Review Department of Energy - NEPA Review Any discretionary federal action that is subject to Department of Energy control and responsibility. 42 US.C. § 4332; 40 C.F.R. § 1508.18; 10 C.F.R. § 1021. United States Department of Energy Department of Energy- NEPA Review (9-FD-e)
Environmental Review Department of Defense - NEPA Review Any discretionary federal action that is subject to Department of Defense control and responsibility. 42 US.C. § 4332; 40 C.F.R. § 1508.18; 32 C.F.R. § 551; 32 C.F.R. § 989; 32 C.F.R. § 775; 33 C.F.R. § 230. United States Department of Defense Department of Defense - NEPA Review (9-FD-f)
Environmental Review U.S. Forest Service - NEPA Review Any discretionary federal action that is subject to Forest Service control and responsibility. 42 US.C. § 4332; 40 C.F.R. § 1508.18; 7 C.F.R. § 1b; 30 C.F.R. § 220. United States Forest Service U.S. Forest Service - NEPA Review (9-FD-g)
Environmental Review Rural Utilities Service - NEPA Review Any discretionary federal action that is subject to Rural Utilities Service control and responsibility. 42 US.C. § 4332; 40 C.F.R. § 1508.18; 7 C.F.R. § 1b; 7 C.F.R. § 1794. Rural Utilities Service Rural Utilities Service - NEPA Review (9-FD-h)
Environmental Review National Park Service - NEPA Review Any discretionary federal action that is subject to National Park Service control and responsibility. 42 US.C. § 4332; 40 C.F.R. § 1508.18; 43 C.F.R. § 46. National Park Service National Park Service - NEPA Review (9-FD-m)
Land Access National Park Service - Land Right-of-Way Any need to use public land managed by the National Park Service, typically for transmission, roads, and access. 16 U.S.C. §§ 5, 79; 36 C.F.R. § 14. National Park Service National Park Service - Land Right-of-Way (3-FD-f)
Land Access Department of Defense - Land Right-of-Way Any need to use public land managed by the Department of Defense, typically for transmission, roads, and access. 10 U.S.C. § 2668. United States Department of Defense Department of Defense - Land Right-of-Way (3-FD-g)
Land Access U.S. Fish and Wildlife Service - Land Right-of-Way Any need to use public land managed by the U.S. Fish & Wildlife Service, typically for transmission, roads, and access. 16 U.S.C. §§ 668dd-ee; 43 C.F.R. § 2800; 50 C.F.R. §§ 29.21–22. U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service - Land Right-of-Way (3-FD-m)
Land Access Bureau of Land Management - Transmission Right-of-Way Any need to use public land managed by the Bureau of Land Management for transmission siting. 43 U.S.C. § 1761; 43 C.F.R. § 2800. Bureau of Land Management Bureau of Land Management - Transmission Right-of-Way (3-FD-c)
Land Access U.S. Forest Service - Transmission Right-of-Way Any need to use public land managed by the U.S. Forest Service for transmission siting. 43 U.S.C. § 1761; 36 C.F.R. § 251. United States Forest Service U.S. Forest Service - Transmission Right-of-Way (3-FD-d)
Land Access Tribal Energy Resource Agreement Land Right-of-Way Any need to enter into a right-of-way for the purpose of energy development with a tribe that has an approved Tribal Energy Resource Agreement. 25 U.S.C. § 3504; 25 C.F.R. § 224. Bureau of Indian Affairs Tribal Energy Resource Agreement Land Right-of-Way (3-FD-h)
Land Access Bureau of Reclamation - Use Authorization Any need to construct a project, transmission lines, access roads, or other project facilities on lands managed by the Bureau of Reclamation. 43 C.F.R. § 429. Bureau of Reclamation Bureau of Reclamation - Use Authorization (3-FD-e)
Land Access Federal Highway Administration Utility Accommodation Any utility that has a need to access a right-of-way on federal-aid or direct federal highways. 23 C.F.R. § 645.201–215. Federal Highway Administration Federal Highway Administration Utility Accommodation (3-FD-n)
Siting and Regulation Agency Coordination for Transmission Facilities Any person seeking Department of Energy assistance in the federal authorization process for qualifying electric transmission facility projects. 10 C.F.R. § 900.1–900.6. United States Department of Energy;
Federal Energy Regulatory Commission
Integrated Interagency Pre-Application (8-FD-c)