Promoting Energy Infrastructure and Economic Growth

Energy & Environment Economy & Labor Federal Workforce

In simple terms

This executive order directs federal agencies to streamline permitting and reduce regulatory barriers for energy infrastructure projects, particularly oil, gas, and LNG facilities. It mandates specific rulemakings and guidance updates regarding Clean Water Act Section 401 certifications, LNG safety regulations and rail transport, rights-of-way renewals on federal lands, and requires multiple reports on regional energy market barriers and investment trends.

Federal Register Open PDF 84 FR 15495

Record & deadlines

Apr 10, 2019Signed
Signed by the President
Apr 15, 2019FR published
Published in the Federal Register · 84 FR 15495
Federal Register PDF
Aug 7, 2020
401 Implementing Agencies initiate rulemaking if necessary
May 9, 2020
EPA final rules on Section 401
May 9, 2020
DOT finalize updated Part 193 and LNG rail rules
Apr 9, 2020
Interior/Agriculture/Commerce initiate expired rights-of-way renewals
Oct 7, 2019
Labor Secretary complete ERISA energy investment and proxy voting reviews
Oct 7, 2019
Transportation Secretary report on New England energy transport barriers
Oct 7, 2019
Energy Secretary report on West Coast export limitations
Oct 7, 2019
Energy Secretary report on Appalachian economic growth
Sep 7, 2019
401 Implementing Agencies update guidance
Aug 8, 2019
EPA proposed rules on Section 401 for notice and comment
Jul 19, 2019
DOT propose LNG rail tank car rule
Jun 9, 2019
EPA guidance to states/tribes and agencies on Section 401
May 10, 2019
Agency heads report on intergovernmental assistance authorities

Key directives

EPA to issue new Section 401 guidance to states/tribes within 60 days
EPA to publish proposed Section 401 rules within 120 days
EPA to finalize Section 401 rules within 13 months
401 Implementing Agencies to update guidance within 90 days of EPA guidance completion
401 Implementing Agencies to initiate rulemaking within 90 days of EPA rulemaking completion if necessary
DOT to finalize updated Part 193 LNG safety regulations within 13 months
DOT to propose LNG rail tank car rule within 100 days
DOT to finalize LNG rail rule within 13 months
Labor Secretary to complete ERISA energy investment review within 180 days
Labor Secretary to review proxy voting fiduciary guidance within 180 days
Interior/Agriculture/Commerce to develop master agreement for rights-of-way renewals
Interior/Agriculture/Commerce to initiate renewal processes for expired rights-of-way within 1 year

Prior policy

supersedeClean Water Act Section 401 Water Quality Certification: A Water Quality Protection Tool for States and Tribes (Section 401 Interim Guidance)

What to expect

Immediate

EO signing establishes policy framework
Interagency review of authorities begins

Near term (90d)

EPA guidance to states/tribes due (60 days)
EPA proposed rules on Section 401 due for notice/comment (120 days)
DOT proposed rule on LNG rail transport due (100 days)
Interagency assistance report due (30 days)

Long term

EPA final Section 401 rules due (13 months)
DOT final LNG safety and rail rules due (13 months)
Rights-of-way renewal processes initiated (1 year)
Multiple sectoral and regional reports due (180 days)

Risks & tensions

Federal-state tension: EO explicitly targets state/local/tribal actions as barriers to energy infrastructure, particularly in New England and West Coast reports
Clean Water Act federalism conflict: Section 401 guidance and rulemaking could narrow state/tribal authority over water quality certifications
LNG rail transport safety concerns: Fast-tracked rulemaking (100 days to propose) may limit risk assessment for transporting hazardous materials through populated areas
ERISA fiduciary duty framing may discourage ESG investment considerations by retirement plans
Rights-of-way provision could accelerate fossil fuel infrastructure on federal lands with limited environmental review
Vague 'as appropriate' and 'to the extent permitted by law' qualifiers create implementation uncertainty