Coal exporting terminals are primarily regulated by federal agencies. The following statutes
are applicable:

• Rivers and Harbors Appropriation Act of 1899
• Clean Water Act of 1972 (§ 404; wetlands)
• National Environmental Policy Act of 1969
• Endangered Species Act of 1973

Rivers, harbors and wetlands are involved in the various proposed coal exporting terminal
projects, making the Army Corps of Engineers the regulating agency; the Environmental
Protection Agency has a secondary role for regulation evolving from the Clean Water Act
of 1972. The requirement to follow the National Environmental Policy Act of 1969 has led
to the Corps preparing individual environmental impact statements (EISs) for the Gateway
Pacific Terminal and Port of Morrow/Port of St. Helen’s projects. Interestingly, several
individuals and groups have called for a cumulative impacts EIS for all proposed projects,
not individual projects, with all impacts considered. Consideration of all impacts is deemed necessary because transportation of coal to exporting terminals, as well as the combustion of
coal in Asian countries, have environmental impacts in addition to those associated with coal exporting terminal construction and utilization.

In addition to the Corps and the Environmental Protection Agency, the Surface
Transportation Board is a likely regulatory agency. The Board’s Office of Environmental
Analysis is required to analyze environmental impacts of connecting track construction
(needed for several of the proposed terminals) and of water carriers (in the case of the
Port of Morrow/Port of St. Helen’s project).

State regulating agencies also have roles. The Oregon Department of Environmental
Quality has reviewed an application and issued a permit for air quality for the Port of
Morrow/Port of St. Helen’s project. In addition, the Oregon Department of State Lands
has reviewed an application and issued a permit for dredging of Port of Coos Bay project.