PHMSA & NEPA

The National Environmental Policy Act (NEPA) of 1969 requires federal agencies to consider the potential environmental and related social and economic impacts of their proposed actions by providing a framework for environmental planning and decision-making. NEPA ensures that federal agencies incorporate these environmental considerations in a systematic interdisciplinary approach. NEPA requires the preparation of environmental assessments (EAs) to assess the environmental impact of discretionary proposed actions and alternatives to analyze any effects on the environment. When a proposed action will have a significant impact of the human environment, the agency prepares an environmental impact statement (EIS). These NEPA documents should be tiered when it would eliminate repetitive discussions of the same issues, focus on the actual issues ripe for decision, and exclude from consideration issues already decided or not yet ripe at each level of environmental review. Tiering may also be appropriate for different stages of actions (40 CFR 1501.11). NEPA also requires agencies to provide meaningful opportunities for public engagement to keep federal actions as transparent as possible.

The Council on Environmental Quality (CEQ) oversees NEPA implementation through interpreting the law and addressing NEPA's action forcing provisions in the form of regulations and guidance.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is committed to the examination and avoidance of potential impacts to the human and natural environment when considering proposed actions.

PHMSA's Environmental Analysis and Compliance Division is currently working on agency specific NEPA Implementing Procedures.

PHMSA's Mission

PHMSA's mission is to protect people and the environment by advancing the safe transportation of energy and other hazardous materials that are essential to our daily lives. To do this, the agency establishes national policy, sets and enforces standards, educates, and conducts research to prevent incidents. We also prepare the public and first responders to reduce consequences if an incident does occur.

PHMSA Environmental Reviews

PHMSA's environmental staff are responsible for managing the environmental review process for PHMSA action that are subject to NEPA, including rulemakings, special permits (also known as regulatory waivers), and certain grants.

PHMSA does not conduct NEPA reviews for proposed new pipeline construction projects because PHMSA does not have infrastructure siting authority. The Federal Energy Regulatory Commission (FERC) provides authority over interstate gas pipelines and is responsible for NEPA review during their development. There is no comprehensive authority for interstate hazardous liquid pipelines unless they cross international borders, are located on federal land, or involve waters of the United States, in which case the appropriate government agencies would be involved. For all intrastate pipelines, the federal government has no power to determine their siting, and this authority is deferred to state agencies.

Opportunities for public engagement can be found on the Federal Register. Public meeting notices will be published at least 15 days prior to the meeting date. Comment periods for Notices, Proposed Rules, and Final Rules with environmental documentation depend on the class of NEPA action taken.