January 7, 2025
Comments of Blueprint 2025
RE: Appalachian Hydrogen Hub – Phase 1 Virtual NEPA Scoping Meeting
AGENCY: Department of Energy
Docket No. DOE-HQ-2024-0082
The Blueprint 2025 (“BP2025”) initiative is a collaboration among infrastructure professionals,
leading infrastructure development companies and public and private sector project managers,
which supports plans and policies to restore the U.S.’ position as the country with the world’s
most efficient, sustainable and productive infrastructure. It has long been clear to us that reform
of the permitting process for major infrastructure projects is essential if the U.S. is to timely and
efficiently modernize its infrastructure to meet the new needs of this century.
We view this NEPA review, led, not by CEQ but by the prestigious and technologically qualified
Batelle Memorial Institute and the Department of Energy, as an unparallelled opportunity to
correct the current administration’s resistance to the Builder Act’s mandate and the progress
which new technology can unlock.
In 2018, we issued the attached urgent call for the use of modern digital technology and analytics
to expedite and improve the NEPA review process. (see attachment 1). We reinforced that call in
comments on the CEQ’s NEPA Update Regulations in February 2020 and March 2020. The
essence of these recommendations was that CEQ and government in general must take advantage
of modern technology—telecommunications, advanced data analysis, digitalization and Artificial
Intelligence “to expedite NEPA reviews, enhance the ability of the Public to participate
effectively in the process, improve the quality of the analysis conducted, and achieve more
informed decisions and more sustainable and environmentally sensitive projects.”
Two years later, in commenting on CEQ’s “guidance” regarding “expedited” procedures for
environmentally protective projects, BP2025 noted that CEQ, though it recognized the need to
expedite approval of projects to advance environmental objectives, suggested only 1970s, 1980s
and early 1990s approaches, which had proven to be ineffective, to fulfill that need. The
guidance was “not good enough”.
Finally, BP2025 supported the “Builder Act” provisions in the Debt Relief Act of 2023
(42USC4336-E-NEPA) which directed CEQ to conduct a study and submit a report to Congress
on the “potential for online and digital technologies to address delays in reviews and improve
public accessibility and transparency” [in the NEPA process]. Unfortunately, we have not seen
any indication of progress on this extremely important Congressionally mandated study.
The Hydrogen Hub project comes at an inflection point. Though the outgoing administration has
not vigorously opposed digitization, it has not really supported it, particularly in the NEPA
context. On the other hand, both the Congress and the incoming Administration can be expected
to continue support for the proposition that Agencies must take advantage of modern
technology—telecommunications, advanced data analysis, digitalization and Artificial
Intelligence “to expedite NEPA reviews, enhance the ability of the Public to participate
effectively in the process, improve the quality of the analysis conducted, and achieve more
informed decisions and more sustainable projects.” Courts are increasingly making clear that
CEQ “guidance” is just that and that Agencies have discretion in adapting NEPA to their
programs. We believe that the Department of Energy has considerable latitude to adjust this
NEPA review process in ways which will accomplish the Congressional purposes and advance
the National Interest.
The Notice makes clear that this process will address complex and controversial issues and early
press coverage suggests active opposition. The predictive capabilities of digital/AI models and
the discipline which can be provided by a digital commenting and analytics system should
provide both better outcomes and insulation against litigation.
The Appalachian Hydrogen Hub project is an extremely important one which enters the
environmental review process at a critical juncture. The choice presented is (1) whether it will be
an important early project in the incoming Administration which confirms and ratifies the old,
slow inefficiencies of the past or (2) one which will break those obstructive traditions by
embracing up to date analytics to produce better decisions faster. We urge the Department to
choose the latter course by stepping back from the traditional approach which the notice seems to
adopt and using new technology to provide a better, more innovative future. The result will be
transformational.
BP 2025’s participating colleagues will be pleased to provide additional information and to assist
in any way possible.
Gordon Arbuckle, Esq. Anand Hemnani
Co-Founder, Blueprint 2025 Co-Chair
2025 Law and Policy LLC Strategic Infrastructure Performance Institute
2550 M Street NW T: 1 305 361 1503
Washington, DC 20005 M: 1 786 554 4182
T : 202 775 2025 anand@sinfpi.org
M: 303 619 5123
gordona123@earthlink.net
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