18 Cfr 380.5

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Federal Energy Regulatory Commission
preliminary permit, exemption, license, or license amendment order for
a water power project under Part I of
the Federal Power Act;
(31) Abandonment of facilities by sale
that involves only minor or no ground
disturbance to disconnect the facilities
from the system;
(32) Conversion of facilities from use
under the NGPA to use under the NGA;
(33) Construction or abandonment of
facilities constructed entirely in Federal offshore waters that has been approved by the Minerals Management
Service and the Corps of Engineers, as
necessary;
(34) Abandonment or construction of
facilities on an existing offshore platform;
(35) Abandonment, construction or
replacement of a facility (other than
compression) solely within an existing
building within a natural gas facility
(other than LNG facilities), if it does
not increase the noise or air emissions
from the facility, as a whole; and
(36) Conversion of compression to
standby use if the compressor is not
moved, or abandonment of compression
if the compressor station remains in
operation.
(b) Exceptions to categorical exclusions.
(1) In accordance with 40 CFR 1508.4,
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

§ 380.5
(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;
Order 756, 77 FR 4895, Feb. 1, 2012; Order 800,
79 FR 59112, Oct. 1, 2014]

§ 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, authorization 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);

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§ 380.6

18 CFR Ch. I (4–1–15 Edition)

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(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)(31) and 4.101–4.108 of this chapter for small hydroelectric power
projects of 10 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 section 202(b),
210, 211, and 212 of the Federal Power
Act, unless excluded under § 380.4(a)(17);
(12) Regulations or proposals for legislation not included 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; and
(14) Except as identified in § 380.6, authorization to site new electric transmission facilities under section 216 of
the Federal Power Act and DOE Delegation Order No. 00–004.00A.
[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; Order 689, 71 FR 69470,
Dec. 1, 2006; Order 756, 77 FR 4895, Feb. 1, 2012;
Order 800, 79 FR 59112, Oct. 1, 2014]

§ 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 rights-of-way in which
there is no existing natural gas pipeline;
(4) Licenses under Part I of the Federal Power Act and part 4 of this chapter
for
construction
of
any
unconstructed water power projects;
and
(5) Major electric transmission facilities under section 216 of the Federal
Power Act and DOE Delegation Order
No. 00–004.00A using right-of-way in
which there is no existing facility.
(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 environmental 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; Order 689, 71
FR 69470, Dec. 1, 2006; Order 756, 77 FR 4895,
Feb. 1, 2012]

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