[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR157.206]
[Page 532-533]
TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
PART 157_APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY
Subpart F_Interstate Pipeline Blanket Certificates and Authorization
Under Section 7 of the Natural Gas Act for Certain Transactions and
Abandonment
Sec. 157.206 Standard conditions.
Any activity authorized under a blanket certificate issued under
this subpart is subject to the following conditions:
(a) Revisions. (1) The Commission reserves the right to amend the
requirements of this subpart from time to time.
(2) The blanket certificate is not transferable in any manner and
shall be effective only so long as the certificate holder continues the
activities authorized by the order issuing such certificate and does so
in accordance with the provisions of the Natural Gas Act, as well as
applicable rules, regulations, and orders of the Commission.
(b) Environmental compliance. This paragraph only applies to
activities that involve ground disturbance or changes to operational air
and noise emissions.
(1) The certificate holder shall adopt the requirements set forth in
Sec. 380.15 of this chapter for all activities authorized by the
blanket certificate and shall issue the relevant portions thereof to
construction personnel, with instructions to use them.
(2) All activities shall be consistent with all applicable law
including the provisions of the following statutes and regulations or
compliance plans developed to implement these statutes:
(i) Clean Water Act, as amended (33 U.S.C. 1251 et seq.) and the
National Pollution Discharge Elimination System Program, 40 CFR part 122
et seq.;
(ii) Clean Air Act, as amended (42 U.S.C. 1801 et seq.) and air
quality regulations and state implementation plans adopted pursuant to
40 CFR parts 50-99;
(iii) National Historic Preservation Act of 1966 (16 U.S.C. 470 et
seq.);
(iv) Archeological and Historic Preservation Act of 1974 (Pub. L.
93-291);
(v) Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451
et seq.);
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(vi) Endangered Species Act of 1973, Pub. L. 93-205, as amended (16
U.S.C. 1531 et seq.);
(vii) Executive Order 11988, May 24, 1977 requiring Federal agencies
to evaluate the potential effects of any actions it may take on a
floodplain;
(viii) Executive Order 11990, May 24, 1977 requiring an evaluation
of the potential effects of construction on wetland;
(ix) Wild and Scenic Rivers Act (16 U.S.C. 1274 et seq.);
(x) National Wilderness Act (16 U.S.C. 1133 et seq.);
(xi) National Parks and Recreation Act of 1978 (16 U.S.C. 1 and 230
et seq.).
(xii) Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801, et seq.)
(3) The certificate holder shall be deemed in compliance with:
(i) Paragraph (b)(2)(vi) of this section only if it adheres to the
procedures in appendix I of this subpart in which case the Commission
finds that endangered species and their critical habitat are protected
in accordance with 16 U.S.C. 1536;
(ii) Paragraph (b)(2)(iii) of this section only if it adheres to the
procedures in appendix II of this subpart in which case the Commission
finds that there is no effect on any property protected by 16 U.S.C.
470f;
(iii) Paragraph (b)(2)(v) of this section only if the appropriate
state agency designated to administer the state's coastal zone
management plan, prior to construction of the project, waives its right
of review or determines that the project complies with the state's
coastal zone management plan.
(iv) Paragraphs (b)(2)(i) and (viii) of this section only if it
adheres to Commission staff's current ``Upland Erosion Control,
Revegetation and Maintenance Plan'' and ``Wetland and Waterbody
Construction and Mitigation Procedures'' which are available on the
Commission Internet home page or from the Commission staff, or gets
written approval from the staff or the appropriate Federal or state
agency for the use of project-specific alternatives to clearly
identified portions of those documents.
(4) Any transaction authorized under a blanket certificate shall not
have a significant adverse impact on a sensitive environmental area.
(5) The noise attributable to any new compressor station,
compression added to an existing station, or any modification, upgrade
or update of an existing station, must not exceed a day-night level
(Ldn) of 55 dBA at any pre-existing noise-sensitive area
(such as schools, hospitals, or residences).
(6)(i) Any activity otherwise subject to authorization under Sec.
157.208 shall not be authorized if the activity is located within 0.5
mile of a nuclear power plant which is either operating or under
construction, or for which a construction permit has been filed with the
Nuclear Regulatory Commission.
(ii) Any activity otherwise subject to authorization under Sec.
157.215 shall not be authorized if the activity is located within 2.0
miles of a nuclear power plant which is either operating or under
construction, or for which a construction permit has been filed with the
Nuclear Regulatory Commission.
(7) The certificate holder shall act as the Commission's non-Federal
representative upon acceptance of the blanket certificate for purposes
of complying with the Endangered Species Act of 1973.
(c) Commencement. Any authorized construction, extension, or
acquisition shall be completed and made available for service by the
certificate holder and any authorized operation, or service, shall be
available within one year of the date the activity is authorized
pursuant to Sec. 157.205(h). The certificate holder may apply to the
Director of the Office of Pipeline Regulation for an extension of this
deadline. However, if the request for extension is due to the end-user/
shipper not being ready to accept service, the certificate holder must
so notify the Commission in writing no later than 10 days after
expiration of the one-year period.
(d) Reports. The certificate holder shall file reports as required
by this subpart.
[Order 234, 47 FR 24266, June 4, 1982, as amended by Order 234-A, 47 FR
38877, Sept. 3, 1982; Order 436, 50 FR 42490, Oct. 18, 1985; Order 603,
64 FR 26607, May 14, 1999; Order 603-A, 64 FR 54536, Oct. 7, 1999; Order
609, 64 FR 57392, Oct. 25, 1999]
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