§717b–1 State and Local Safety Considerations

Summary

The Commission must create rules about the NEPA pre-filing process within 60 days after August 8, 2005. An applicant must follow that pre-filing process before filing for permission to build an LNG terminal. The pre-filing work must start at least 6 months before the application. Applicants are encouraged to work with State and local officials. The Governor must pick a State agency to talk with the Commission. The Commission must consult that agency about safety issues like the type and use of the facility, nearby population and land use, site features, emergency response capability, and the idea of siting the facility farther away from people. The State agency may send an advisory report within 30 days after an application is filed. The Commission must review and reply to the agency’s concerns before issuing an order. This rule applies to applications filed after August 8, 2005, and a State agency has 30 days after August 8, 2005 to file reports about applications already pending. After a terminal is operating, the State commission may inspect it under federal rules if it gives written notice to the Commission and may report alleged safety violations. The Commission will pass such reports to the right federal agency, which will act and notify the State. The Commission must also require an operator to have an Emergency Response Plan, made with the Coast Guard and local agencies and approved before final construction approval. That plan must include a cost-sharing plan that describes any direct reimbursements the applicant agrees to provide to State and local agencies for security and safety at the terminal and near vessels serving it.