§717b–1 State and local safety considerations

Summary

The Commission must create rules within 60 days after August 8, 2005, to set up the NEPA pre-filing process for LNG terminals. An applicant must follow that pre-filing process and begin it at least 6 months before filing the formal application. The rules should also encourage applicants to work with State and local officials. The Governor of any State where an LNG terminal is proposed must name a State agency to talk with the Commission about safety before the Commission issues an authorization. Safety concerns include the type and use of the facility, nearby and future population, nearby land use, site physical and natural features, local emergency response ability, and the goal of siting facilities away from people. The State agency can send an advisory report within 30 days after an application is filed, and the Commission must review and answer those issues before approving a project. For applications already pending on August 8, 2005, the State agency had 30 days from that date to file a report. After a terminal starts operating, the State commission may inspect for safety under federal rules with written notice to the Commission and may report alleged violations. The Commission must forward such reports to the proper federal agency, which must act and notify the State. Before final approval to begin construction, the Commission must require the operator to have an Emergency Response Plan prepared with the Coast Guard and State and local agencies and approved by the Commission. That plan must include a cost-sharing plan describing any direct reimbursements to State and local agencies at the terminal and near vessels serving it.