Oil and Gas Pipeline Permitting

ASWM Resources

Overview

The potential for multiple impacts (temporary, long-term and cumulative) from pipeline development projects necessitates extensive inter-agency and inter-sector coordination and the integration of best practices in the planning, administration, review and conditioning of permits.

ASWM has developed a range of tools and resources to build the capacity of state and tribal wetland programs to protect aquatic resources impacted by energy development through more informed and effective engagement in both the pre-application and §401 Certification phases of the permitting process.   

 


Project Contributors: ASWM’s resources have been designed in collaboration with partners and a national project workgroup to help states and tribes improve the planning and review processes associated with permitting natural gas and oil pipelines in the United States.

Project Funding: Funding for the development of these resources was provided by an EPA Wetland Program Development Grant, a Network Innovation Grant from the Richard and Patricia Switzer Foundation and the McKnight Foundation, as well as in-kind partner contributions.

  Improving Oil and Gas Pipeline Permitting 


In recent years, the growth of the natural gas industry has expanded pipeline development into new states and increased the number of permits necessitating review by states and tribes. Pipeline development and maintenance activities often result in both short- and long-term impacts to aquatic resources including wetlands, which can be either temporary or permanent. States and tribes are tasked with working with pipeline project applicants to avoid and minimize impacts to aquatic resources and, where impacts are unavoidable, to reduce long-term damage through mitigation.

To address the growing need for states and tribes to build their permitting capacity, ASWM has developed resources to help staff:

For more information about ASWM’s project, view ASWM’s Pipeline Permitting Project Factsheet and Project Summary Report (Coming Soon!)

Understand and overcome common barriers to pipeline permitting

  • Understand common challenges to effective and efficient pipeline permitting at the state level by reviewing the following list of barriers and challenges and matrix of challenges and strategies to overcome these challenges to gather more information to support your capacity-building work.
  • Participate in the pre-application phase of pipeline project planning as early and often as possible. Engagement during the planning phase of FERC pipeline development process is not required by many states/tribes, but can be invaluable in guiding decision making, encouraging use of best practices and avoiding delays in §401 certification. This effort often requires relationship building and initiative on the part of the state/tribe to request inclusion.
  • Explore potential strategies to build state/tribal pipeline permitting capacity by sharing ASWM's Capacity Building Strategies Document.

 

Formalize and reach agreement about §401 certification processes at the state and tribal level

Learn how to identify, adapt and adopt state/tribal best management practices for different elements of the oil and gas pipeline permitting process.

Start thinking about how to better include discussion and incorporation of cumulative impacts into project planning and permit review activities.

Improve communications between your state/tribe and applicants

Encourage ongoing and current training for state and tribal permitting staff; share pipeline permitting resources

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Improving State and Tribal Permitting of Pipeline Projects in the United States

Resources for Oil and Gas Companies and Consultants

Useful External Resources for Oil and Gas Pipeline Permitting

Improving Oil and Gas Pipeline Permitting

States and tribes work with energy companies and their consultant intermediaries to permit oil and gas pipeline construction and maintenance projects. This page provides a number of tools and resources that may be useful for pipeline permit applicants and consultants as they work through the permit application process with state and tribal regulators, specifically on Clean Water Act §401 water quality certification.

To address the growing need for states and tribes to build their permitting capacity, ASWM has developed the following resources that may be of interest to oil and gas pipeline project applicants and those who assist them. This page provides information that may help you:

For more information about ASWM’s project, view ASWM’s Pipeline Permitting Project Factsheet and Project Summary Report (Coming Soon!) 

Build shared understanding and improve communications with state and tribal regulators – good relationships can lead to more effective and efficient permitting 

Learn about state and tribal §401 water quality processes and process maps

Explore pipeline permitting best practices being used by states/tribes


Consider cumulative impacts during planning and application development phases

Understand common issues and challenges to effective state and tribal pipeline permitting

  • Understand common issues and challenges to effective and efficient pipeline permitting at the state level by reviewing the following list of common issues and challenges and challenges and matrix of barriers and solutions to gather more information to support your capacity-building work.
  • Encourage regulators to participate in the pre-application phase of your pipeline project planning as early and often as possible. Regulator engagement during the planning phase of pipeline development process can be invaluable in guiding decision making, encouraging use of best practices and avoiding delays in §401 certification.
  • Better understand ways that states and tribes may be working to improve pipeline permitting efforts by reviewing ASWM's Policy Brief

Encourage regular, ongoing training for company staff and consultants

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 Improving State and Tribal Permitting of Pipeline Projects in the United States 

Resources for States and Tribes 

Useful External Resources for Oil and Gas Pipeline Permitting