Overview
(October 28, 2024, Houston) – As global efforts intensify to meet greenhouse gas emission reduction goals, Texas emerges as a crucial player in hydrogen development. The recent designation of the Gulf Coast Hydrogen Hub by the Department of Energy (DOE) highlights Texas’s substantial role. Our White Paper, "Navigating the Regulatory Landscape for Hydrogen Transportation in Texas" prepared by Michelle Castaline, Thomas Donadio, Lorrie Marcil, and Dan Mullen from Steptoe LLP, in partnership with the Center for Houston's Future, examines the regulatory frameworks governing hydrogen pipeline transportation at both federal and state levels.
Understanding federal and state regulatory frameworks for hydrogen pipeline transportation is crucial for strategic planning. This White Paper summarizes the existing federal and state regulatory regimes governing hydrogen transportation by pipeline. It explores potential changes to these regimes, including possible paths to regulation under existing statutory authority, and identifies potential hurdles from both governmental and private actor perspectives.
In a dynamic energy landscape, staying informed on regulatory developments is vital. The White Paper serves as an essential guide, summarizing current regulations and potential changes impacting hydrogen pipeline projects.
Key Highlights:
- Transportation Rates:
- The paper analyzes federal regulations under the Natural Gas Act (NGA), Interstate Commerce Act (ICA), and Interstate Commerce Commission Termination Act (ICCTA). It also examines the Texas Railroad Commission's role in intrastate hydrogen transportation rates.
- Pipeline Siting:
- The paper explores federal siting approvals and eminent domain authority under NGA, ICA, and ICCTA. It also addresses the RRC's current lack of authority over intrastate pipeline siting in Texas.
- Environmental Regulations:
- Federal and Texas state environmental regulations are highlighted. The White Paper identifies opportunities for action by DOE, Texas Commission on Environmental Quality (TCEQ), the RRC, Congress, and the Texas legislature.
- Safety and Security:
- Regulatory authority of the Department of Transportation (DOT) and Transportation Security Administration (TSA) over pipeline safety and security is outlined.
A full copy of the White Paper is available for download here.
About Steptoe
In more than 110 years of practice, Steptoe has earned an international reputation for vigorous representation of clients before governmental agencies, successful advocacy in litigation and arbitration, and creative and practical advice in structuring business transactions. Steptoe has more than 500 lawyers and other professional staff across offices in Beijing, Brussels, Chicago, Hong Kong, Houston, London, Los Angeles, New York, San Francisco, and Washington. For more information, visit www.steptoe.com.
About the Center for Houston’s Future
The Center for Houston’s Future focuses on understanding future global trends and their impact on the Houston region. The Center brings business, government, and community stakeholders together to engage in fact-based strategic planning, collaboration, and action on issues of great importance to the region’s success. It engages in research, holds community events and develops leaders. Its current strategic focus areas include energy, climate and energy transition; health and health equity; and Vision 2050, a strategic visioning plan for the region. The Center is an independent affiliate of the Greater Houston Partnership. Its leadership program has graduated more than 1,300 business and civic leaders.
