Energy Infrastructure (E.O. 13868)

Summary

Makes it easier and faster to build energy projects like pipelines by changing federal rules and limiting delays.

What problem does this solve?

Current government rules and permitting delays make it slow and expensive to build the infrastructure needed to transport America's large supply of oil and gas. This order directs federal agencies to update their rules, speed up approvals, and remove barriers to private investment in energy projects.

What does this order do?

Updates Clean Water Act rules

Directs the EPA to review and issue new guidance and rules for Section 401 of the Clean Water Act to speed up water quality certifications for energy projects.

Allows LNG transport by rail car

Orders the Department of Transportation to create a rule permitting Liquefied Natural Gas (LNG) to be transported in rail tank cars, similar to other cold liquids.

Modernizes LNG safety regulations

Requires the Secretary of Transportation to update 40-year-old safety rules for Liquefied Natural Gas (LNG) facilities to better suit modern, large-scale terminals.

Speeds up renewals for infrastructure on federal land

Directs agencies to create a master agreement and process all expired rights-of-way for energy infrastructure on federal lands within one year.

Reviews retirement plan investments in energy

Requires the Secretary of Labor to review if retirement plans are avoiding investments in the energy sector and to check guidance on shareholder voting.

Requires reports on energy transport barriers

Orders reports on how state and local actions may be blocking the transport of energy to New England and exports from the West Coast.

Who does this affect?

Energy companies
State and tribal governments
Infrastructure and construction industries

What is the real world impact?

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Boosts the U.S. economy

Makes it cheaper and faster to build energy infrastructure, which helps create jobs and allows the U.S. to produce and sell more oil and gas to other countries.

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Supports the fossil fuel industry

Prioritizes the production and transport of oil, gas, and coal by removing regulatory hurdles. This could discourage investment in renewable energy sources by making fossil fuels easier to develop.

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Reduces state environmental oversight

Limits the power of states to use the Clean Water Act to block or place conditions on energy projects, like pipelines, that could harm local water quality. This prioritizes energy development over some environmental protections.

When does this start?

This order sets multiple deadlines for different government agencies to complete reviews and propose new rules.

EPA guidance on Clean Water Act

Within 60 days of April 10, 2019, the EPA must issue new guidance on Section 401 of the Clean Water Act.

LNG by rail proposed rule

Within 100 days of April 10, 2019, the Secretary of Transportation must propose a rule to allow LNG transport by rail.

EPA proposed rule on Clean Water Act

Within 120 days of April 10, 2019, the EPA must propose new rules for Section 401.

Department of Labor review

Within 180 days of April 10, 2019, the Secretary of Labor must review retirement plan investments in energy and guidance on proxy voting.

Reports on energy transport barriers

Within 180 days of April 10, 2019, the Secretaries of Transportation and Energy must submit reports on barriers to energy transport.

Rights-of-way renewals

Within 1 year of April 10, 2019, agencies must start the renewal process for all expired energy rights-of-way.

Final rules for LNG and Clean Water Act

Final rules for LNG safety, LNG by rail, and the Clean Water Act must be finalized no later than 13 months after April 10, 2019.