CPP Infrastructure & Utilities Permitting 2 — Questions and Answers
Question 1: What is the 'Section 10/404 combined permit' process used for?
- Streamlining permits for structures in navigable waters (Section 10, Rivers and Harbors Act) and wetland fill (Section 404, Clean Water Act) into a single review (Correct answer)
- Combining state and federal air permits into one process
- Issuing permits for both hazardous and nonhazardous waste facilities
- Coordinating NEPA and Section 106 reviews
Correct answer: Streamlining permits for structures in navigable waters (Section 10, Rivers and Harbors Act) and wetland fill (Section 404, Clean Water Act) into a single review
When a project requires both a Section 10 (navigable water) and Section 404 (fill) permit from the Corps of Engineers, a combined application and joint notice streamlines the review.
Question 2: Under the National Historic Preservation Act Section 106, what must a utility company do before installing new transmission lines through a National Register-listed historic district?
- Consult with the State Historic Preservation Officer (SHPO) and affected parties to assess and mitigate adverse effects (Correct answer)
- Obtain a variance from the local historic preservation board only
- Apply for a Section 404 permit from the Corps of Engineers
- File an Environmental Assessment with the EPA
Correct answer: Consult with the State Historic Preservation Officer (SHPO) and affected parties to assess and mitigate adverse effects
Section 106 requires federal nexus-triggered undertakings (e.g., federally licensed utilities) to consult with SHPO to identify, assess, and resolve adverse effects on historic properties.
Question 3: What is a 'Certificate of Public Convenience and Necessity' (CPCN) in utility regulation?
- A state or federal authorization certifying that a proposed utility facility is needed and in the public interest (Correct answer)
- A certificate that a utility has met all safety standards
- A document authorizing a utility to set its own rates
- A permit to discharge wastewater from a utility plant
Correct answer: A state or federal authorization certifying that a proposed utility facility is needed and in the public interest
A CPCN is typically required by state public utility commissions or FERC before constructing major utility infrastructure like power plants and pipelines, ensuring public need and safety.
Question 4: Which environmental permit is required for wastewater discharges from municipal sewage treatment plants to surface waters?
- NPDES Permit under Clean Water Act Section 402 (Correct answer)
- RCRA Subtitle C Hazardous Waste Permit
- Safe Drinking Water Act Underground Injection Control Permit
- CAA Title V Operating Permit
Correct answer: NPDES Permit under Clean Water Act Section 402
Municipal wastewater treatment plants must obtain NPDES permits establishing effluent limits, monitoring requirements, and reporting conditions for discharges to surface waters.
Question 5: What is the role of an 'Underground Injection Control (UIC) permit' under the Safe Drinking Water Act?
- To regulate the injection of fluids underground to protect underground sources of drinking water (Correct answer)
- To permit underground electrical conduit installation
- To authorize boring under roadways for utility crossings
- To regulate underground storage tank construction
Correct answer: To regulate the injection of fluids underground to protect underground sources of drinking water
UIC permits under SDWA regulate injection wells to prevent contamination of underground sources of drinking water (USDWs) used for public water supply.
Question 6: For a large interstate oil pipeline requiring federal permits, which environmental review coordination mechanism can streamline multiple agency reviews?
- NEPA One Federal Decision (One Federal Decision policy under Executive Order 13807/14096) (Correct answer)
- APA rulemaking process
- CERCLA emergency response authority
- Clean Air Act Prevention of Significant Deterioration review
Correct answer: NEPA One Federal Decision (One Federal Decision policy under Executive Order 13807/14096)
The One Federal Decision policy directs federal agencies to coordinate NEPA reviews for major infrastructure projects under a single lead agency with concurrent (not sequential) agency reviews.
CPP Infrastructure & Utilities Permitting 2
What is the 'Section 10/404 combined permit' process used for?