18 Cfr 380.5

§ 380.5

18 CFR Ch. I (4–1–03 Edition)

the Commission and its staff will independently evaluate environmental information supplied in an application
and in comments by the public. Where
circumstances indicate that an action
may be a major Federal action significantly affecting the quality of the
human environment, the Commission:
(i) May require an environmental report or other additional environmental
information, and
(ii) Will prepare an environmental assessment or an environmental impact
statement.
(2) Such circumstances may exist
when the action may have an effect on
one of the following:
(i) Indian lands;
(ii) Wilderness areas;
(iii) Wild and scenic rivers;
(iv) Wetlands;
(v) Units of the National Park System, National Refuges, or National
Fish Hatcheries;
(vi) Anadromous fish or endangered
species; or
(vii) Where the environmental effects
are uncertain.
However, the existence of one or more
of the above will not automatically require the submission of an environmental report or the preparation of an
environmental assessment or an environmental impact statement.
[Order 486, 52 FR 47910, Dec. 17, 1987, as
amended at 53 FR 8177, Mar. 14, 1988; Order
486-B, 53 FR 26437, July 13, 1988; 54 FR 48740,
Nov. 27, 1989; Order 603, 64 FR 26611, May 14,
1999; Order 609, 64 FR 57392, Oct. 25, 1999]

§ 380.5 Actions that require an environmental assessment.
(a) An environmental assessment will
normally be prepared first for the actions identified in this section. Depending on the outcome of the environmental assessment, the Commission
may or may not prepare an environmental impact statement. However, depending on the location or scope of the
proposed action, or the resources affected, the Commission may in specific
circumstances proceed directly to prepare an environmental impact statement.
(b) The projects subject to an environmental assessment are as follows:
(1) Except as identified in §§ 380.4,
380.6 and 2.55 of this chapter, authoriza-

tion for the site of new gas import/export facilities under DOE Delegation
No. 0204–112 and authorization under
section 7 of the Natural Gas Act for the
construction, replacement, or abandonment of compression, processing, or
interconnecting facilities, onshore and
offshore pipelines, metering facilities,
LNG peak-shaving facilities, or other
facilities necessary for the sale, exchange, storage, or transportation of
natural gas;
(2) Prior notice filings under § 157.208
of this chapter for the rearrangement
of any facility specified in §§ 157.202
(b)(3) and (6) of this chapter or the acquisition, construction, or operation of
any eligible facility as specified in
§§ 157.202 (b)(2) and (3) of this chapter;
(3) Abandonment or reduction of natural gas service under section 7 of the
Natural Gas Act unless excluded under
§ 380.4 (a)(21), (28) or (29);
(4) Except as identified in § 380.6, conversion of existing depleted oil or natural gas fields to underground storage
fields under section 7 of the Natural
Gas Act.
(5) New natural gas curtailment
plans, or any amendment to an existing curtailment plan under section 4 of
the Natural Gas Act and sections 401
through 404 of the Natural Gas Policy
Act of 1978 that has a major effect on
an entire pipeline system;
(6) Licenses under Part I of the Federal Power Act and part 4 of this chapter for construction of any water power
project—existing dam;
(7) Exemptions under section 405 of
the Public Utility Regulatory Policies
Act
of
1978,
as
amended,
and
§§ 4.30(b)(27) and 4.101–4.106 of this chapter for small hydroelectric power
projects of 5 MW or less;
(8) Licenses for additional project
works at licensed projects under Part I
of the Federal Power Act whether or
not these are styled license amendments or original licenses;
(9) Licenses under Part I of the Federal Power Act and part 4 of this chapter for transmission lines only;
(10) Applications for new licenses
under section 15 of the Federal Power
Act;
(11) Approval of electric interconnections and wheeling under sections
202(b), 210, 211, and 212 of the Federal

854

VerDate Jan<31>2003

21:54 Apr 11, 2003

Jkt 200055

PO 00000

Frm 00854

Fmt 8010

Sfmt 8010

Y:\SGML\200055T.XXX

200055T

Federal Energy Regulatory Commission
Power Act, unless excluded under
§ 380.4(a)(17); and
(12) Regulations or proposals for legislation not excluded under § 380.4(a)(2).
(13) Surrender of water power licenses and exemptions where project
works exist or ground disturbing activity has occurred and amendments to
water power licenses and exemptions
that require ground disturbing activity
or changes to project works or operations.
[Order 486, 52 FR 47910, Dec. 17, 1987; Order
486, 53 FR 4817, Feb. 17, 1988, as amended by
53 FR 8177, Mar. 14, 1988; Order 486-B, 53 FR
26437, July 13, 1988]

§ 380.6 Actions that require an environmental impact statement.
(a) Except as provided in paragraph
(b) of this section, an environmental
impact statement will normally be prepared first for the following projects:
(1) Authorization under sections 3 or
7 of the Natural Gas Act and DOE Delegation Order No. 0204–112 for the siting,
construction, and operation of jurisdictional liquefied natural gas import/export facilities used wholly or in part to
liquefy, store, or regasify liquefied natural gas transported by water;
(2) Certificate applications under section 7 of the Natural Gas Act to develop an underground natural gas storage facility except where depleted oil
or natural gas producing fields are
used;
(3)
Major
pipeline
construction
projects under section 7 of the Natural
Gas Act using right-of-way in which
there is no existing natural gas pipeline; and
(4) Licenses under Part I of the Federal Power Act and Part 4 of this chapter
for
construction
of
any
unconstructed water power project.
(b) If the Commission believes that a
proposed action identified in paragraph
(a) of this section may not be a major
Federal action significantly affecting
the quality of the human environment,
an environmental assessment, rather
than an environmental impact statement, will be prepared first. Depending
on the outcome of the environmental
assessment, an environmental impact
statement may or may not be prepared.
(c) An environmental impact statement will not be required if an environ-

§ 380.8
mental assessment indicates that a
proposal has adverse environmental affects and the proposal is not approved.
[Order 486, 52 FR 47910, Dec. 17, 1987, as
amended at 53 FR 8177, Mar. 14, 1988; Order
486-B, 53 FR 26437, July 13, 1988]

§ 380.7 Format of an environmental
impact statement.
In addition to the requirements for
an environmental impact statement
prescribed in 40 CFR 1502.10 of the regulations of the Council, an environmental impact statement prepared by
the Commission will include a section
on the literature cited in the environmental impact statement and a staff
conclusion section. The staff conclusion section will include summaries of:
(a) The significant environmental
impacts of the proposed action;
(b) Any alternative to the proposed
action that would have a less severe
environmental impact or impacts and
the action preferred by the staff;
(c) Any mitigation measures proposed by the applicant, as well as additional mitigation measures that might
be more effective;
(d) Any significant environmental
impacts of the proposed action that
cannot be mitigated; and
(e) References to any pending, completed, or recommended studies that
might provide baseline data or additional data on the proposed action.
§ 380.8 Preparation of environmental
documents.
The preparation of environmental
documents, as defined in § 1508.10 of the
regulations of the Council, on hydroelectric projects, is the responsibility
of the Commission’s Office of Hydropower Licensing, 888 First Street NE.,
Washington, DC 20426, (202) 219–2700.
The preparation of environmental documents on natural gas projects is the
responsibility of the Commission’s Office of Pipeline Regulation, (202) 208–
0700, 888 First Street NE., Washington,
DC 20426. Persons interested in status
reports or information on environmental impact statements or other elements of the NEPA process, including
the studies or other information the

855

VerDate Jan<31>2003

21:54 Apr 11, 2003

Jkt 200055

PO 00000

Frm 00855

Fmt 8010

Sfmt 8010

Y:\SGML\200055T.XXX

200055T