CPP Infrastructure & Utilities Permitting 1 — Questions and Answers
Question 1: Which federal agency regulates the siting and construction of interstate natural gas pipelines?
- Federal Energy Regulatory Commission (FERC) (Correct answer)
- Environmental Protection Agency (EPA)
- U.S. Army Corps of Engineers
- Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA)
Correct answer: Federal Energy Regulatory Commission (FERC)
FERC issues Certificates of Public Convenience and Necessity for interstate natural gas pipelines under the Natural Gas Act, making it the primary siting authority.
Question 2: What permit is required under Section 404 of the Clean Water Act for placing fill material in wetlands or waters of the U.S.?
- Section 404 Dredge and Fill Permit from the U.S. Army Corps of Engineers (Correct answer)
- NPDES Permit from the EPA
- Section 401 Water Quality Certification from the state
- Clean Water Act Section 402 Permit
Correct answer: Section 404 Dredge and Fill Permit from the U.S. Army Corps of Engineers
The Corps of Engineers administers Section 404 permits for discharge of dredged or fill material into waters of the U.S., including wetlands.
Question 3: What is a 'Nationwide Permit' (NWP) under Section 404 of the Clean Water Act?
- A pre-authorized permit authorizing specific categories of activities with minimal individual and cumulative adverse effects (Correct answer)
- A nationwide exemption from all wetland permitting requirements
- A permit required for all utility construction projects
- A permit issued by each state independently
Correct answer: A pre-authorized permit authorizing specific categories of activities with minimal individual and cumulative adverse effects
NWPs streamline the Section 404 process for common activities (utility lines, road crossings) that cause only minimal impacts, with general conditions and sometimes pre-construction notification requirements.
Question 4: Which permit program governs stormwater discharges from construction sites disturbing one acre or more?
- NPDES Construction General Permit (CGP) requiring a Stormwater Pollution Prevention Plan (SWPPP) (Correct answer)
- Section 404 Fill Permit
- RCRA Subtitle D Permit
- EPA Title V Air Permit
Correct answer: NPDES Construction General Permit (CGP) requiring a Stormwater Pollution Prevention Plan (SWPPP)
The CGP requires construction sites ≥1 acre to develop and implement a SWPPP with Best Management Practices (BMPs) to control sediment and pollutant discharges.
Question 5: What is the purpose of a 'Right-of-Way (ROW) permit' for utility construction?
- To authorize the installation of utility infrastructure within a public roadway or easement corridor (Correct answer)
- To grant ownership of a utility corridor to a private company
- To allow utilities to condemn private property
- To establish utility service rates
Correct answer: To authorize the installation of utility infrastructure within a public roadway or easement corridor
A ROW permit grants permission to install, maintain, or repair utility infrastructure within public roadways or government-owned easements, typically issued by the road authority.
Question 6: Which federal statute governs environmental review and permitting for transmission lines crossing federal lands?
- Federal Land Policy and Management Act (FLPMA) and NEPA together govern rights-of-way on federal lands (Correct answer)
- Federal Power Act only
- Energy Policy Act of 2005 alone
- Mineral Leasing Act only
Correct answer: Federal Land Policy and Management Act (FLPMA) and NEPA together govern rights-of-way on federal lands
FLPMA authorizes BLM to grant rights-of-way on federal lands, while NEPA requires environmental review; together they govern federal land transmission line permitting.
CPP Infrastructure & Utilities Permitting 1
Which federal agency regulates the siting and construction of interstate natural gas pipelines?