[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: 18CFR380.12]
[Page 902-913]
TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
PART 380_REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY
ACT--Table of Contents
Sec. 380.12 Environmental reports for Natural Gas Act applications.
(a) Introduction. (1) The applicant must submit an environmental
report with any application that proposes the construction, operation,
or abandonment of any facility identified in Sec. 380.3(c)(2)(i). The
environmental report shall consist of the thirteen resource reports and
related material described in this section.
(2) The detail of each resource report must be commensurate with the
complexity of the proposal and its potential for environmental impact.
Each topic in each resource report shall be addressed or its omission
justified, unless the resource report description indicates that the
data is not required for that type of proposal. If material required for
one resource report is provided in another resource report or in another
exhibit, it may be incorporated by reference. If any resource report
topic is required for a particular project but is not provided at the
time the application is filed, the environmental report shall explain
why it is missing and when the applicant anticipates it will be filed.
(3) The appendix to this part contains a checklist of the minimum
filing requirements for an environmental report. Failure to provide at
least the applicable checklist items will result in rejection of the
application unless the Director of OPR determines that the applicant has
provided an acceptable reason for the item's absence and an acceptable
schedule for filing it. Failure to file within the accepted schedule
will result in rejection of the application.
(b) General requirements. As appropriate, each resource report
shall:
(1) Address conditions or resources that might be directly or
indirectly affected by the project.
(2) Identify significant environmental effects expected to occur as
a result of the project;
(3) Identify the effects of construction, operation (including
maintenance and malfunctions), and termination of the project, as well
as cumulative effects resulting from existing or reasonably foreseeable
projects;
(4) Identify measures proposed to enhance the environment or to
avoid, mitigate, or compensate for adverse effects of the project;
(5) Provide a list of publications, reports, and other literature or
communications, including agency contacts, that were cited or relied
upon to prepare each report. This list should include the name and title
of the person
[[Page 903]]
contacted, their affiliations, and telephone number.
(6) Whenever this section refers to ``mileposts'' the applicant may
substitute ``survey centerline stationing'' if so desired. However,
whatever method is chosen should be used consistently throughout the
resource reports.
(c) Resource Report 1--General project description. This report is
required for all applications. It will describe facilities associated
with the project, special construction and operation procedures,
construction timetables, future plans for related construction,
compliance with regulations and codes, and permits that must be
obtained. Resource Report 1 must:
(1) Describe and provide location maps of all jurisdictional
facilities, including all aboveground facilities associated with the
project (such as: meter stations, pig launchers/receivers, valves), to
be constructed, modified, abandoned, replaced, or removed, including
related construction and operational support activities and areas such
as maintenance bases, staging areas, communications towers, power lines,
and new access roads (roads to be built or modified). As relevant, the
report must describe the length and diameter of the pipeline, the types
of aboveground facilities that would be installed, and associated land
requirements. It must also identify other companies that must construct
jurisdictional facilities related to the project, where the facilities
would be located, and where they are in the Commission's approval
process.
(2) Identify and describe all nonjurisdictional facilities,
including auxiliary facilities, that will be built in association with
the project, including facilities to be built by other companies.
(i) Provide the following information:
(A) A brief description of each facility, including as appropriate:
Ownership, land requirements, gas consumption, megawatt size,
construction status, and an update of the latest status of Federal,
state, and local permits/approvals;
(B) The length and diameter of any interconnecting pipeline;
(C) Current 1:24,000/1:25,000 scale topographic maps showing the
location of the facilities;
(D) Correspondence with the appropriate State Historic Preservation
Officer (SHPO) or duly authorized Tribal Historic Preservation Officer
(THPO) for tribal lands regarding whether properties eligible for
listing on the National Register of Historic Places (NRHP) would be
affected;
(E) Correspondence with the U.S. Fish and Wildlife Service (and
National Marine Fisheries Service, if appropriate) regarding potential
impacts of the proposed facility on federally listed threatened and
endangered species; and
(F) For facilities within a designated coastal zone management area,
a consistency determination or evidence that the owner has requested a
consistency determination from the state's coastal zone management
program.
(ii) Address each of the following factors and indicate which ones,
if any, appear to indicate the need for the Commission to do an
environmental review of project-related nonjurisdictional facilities.
(A) Whether or not the regulated activity comprises ``merely a
link'' in a corridor type project (e.g., a transportation or utility
transmission project).
(B) Whether there are aspects of the nonjurisdictional facility in
the immediate vicinity of the regulated activity which uniquely
determine the location and configuration of the regulated activity.
(C) The extent to which the entire project will be within the
Commission's jurisdiction.
(D) The extent of cumulative Federal control and responsibility.
(3) Provide the following maps and photos:
(i) Current, original United States Geological Survey (USGS) 7.5-
minute series topographic maps or maps of equivalent detail, covering at
least a 0.5-mile-wide corridor centered on the pipeline, with integer
mileposts identified, showing the location of rights-of-way, new access
roads, other linear construction areas, compressor stations, and pipe
storage areas. Show nonlinear construction areas on maps at a scale of
1:3,600 or larger keyed graphically and by milepost to the right-of-way
maps.
(ii) Original aerial images or photographs or photo-based alignment
sheets
[[Page 904]]
based on these sources, not more than 1 year old (unless older ones
accurately depict current land use and development) and with a scale of
1:6,000 or larger, showing the proposed pipeline route and location of
major aboveground facilities, covering at least a 0.5 mile-wide
corridor, and including mileposts. Older images/photographs/alignment
sheets should be modified to show any residences not depicted in the
original. Alternative formats (e.g., blue-line prints of acceptable
resolution) need prior approval by the environmental staff of the Office
of Pipeline Regulation.
(iii) In addition to the copy required under Sec. 157.6(a)(2) of
this chapter, applicant should send two additional copies of topographic
maps and aerial images/photographs directly to the environmental staff
of the Office of Pipeline Regulation.
(4) When new or additional compression is proposed, include large
scale (1:3,600 or greater) plot plans of each compressor station. The
plot plan should reference a readily identifiable point(s) on the USGS
maps required in paragraph (c)(3) of this section. The maps and plot
plans must identify the location of the nearest noise-sensitive areas
(schools, hospitals, or residences) within 1 mile of the compressor
station, existing and proposed compressor and auxiliary buildings,
access roads, and the limits of areas that would be permanently
disturbed.
(5)(i) Identify facilities to be abandoned, and state how they would
be abandoned, how the site would be restored, who would own the site or
right-of-way after abandonment, and who would be responsible for any
facilities abandoned in place.
(ii) When the right-of-way or the easement would be abandoned,
identify whether landowners were given the opportunity to request that
the facilities on their property, including foundations and below ground
components, be removed. Identify any landowners whose preferences the
company does not intend to honor, and the reasons therefore.
(6) Describe and identify by milepost, proposed construction and
restoration methods to be used in areas of rugged topography,
residential areas, active croplands, sites where the pipeline would be
located parallel to and under roads, and sites where explosives are
likely to be used.
(7) Unless provided in response to Resource Report 5, describe
estimated workforce requirements, including the number of pipeline
construction spreads, average workforce requirements for each
construction spread and meter or compressor station, estimated duration
of construction from initial clearing to final restoration, and number
of personnel to be hired to operate the proposed project.
(8) Describe reasonably foreseeable plans for future expansion of
facilities, including additional land requirements and the compatibility
of those plans with the current proposal.
(9) Describe all authorizations required to complete the proposed
action and the status of applications for such authorizations. Identify
environmental mitigation requirements specified in any permit or
proposed in any permit application to the extent not specified elsewhere
in this section.
(10) Provide the names and mailing addresses of all affected
landowners specified in Sec. 157.6(d) and certify that all affected
landowners will be notified as required in Sec. 157.6(d).
(d) Resource Report 2--Water use and quality. This report is
required for all applications, except those which involve only
facilities within the areas of an existing compressor, meter, or
regulator station that were disturbed by construction of the existing
facilities, no wetlands or waterbodies are on the site and there would
not be a significant increase in water use. The report must describe
water quality and provide data sufficient to determine the expected
impact of the project and the effectiveness of mitigative, enhancement,
or protective measures. Resource Report 2 must:
(1) Identify and describe by milepost perennial waterbodies and
municipal water supply or watershed areas, specially designated surface
water protection areas and sensitive waterbodies, and wetlands that
would be crossed. For each waterbody crossing, identify the approximate
width, state water quality classifications, any known potential
pollutants present in the water
[[Page 905]]
or sediments, and any potable water intake sources within 3 miles
downstream.
(2) Compare proposed mitigation measures with the staff's current
``Wetland and Waterbody Construction and Mitigation Procedures,'' which
are available from the Commission Internet home page or the Commission
staff, describe what proposed alternative mitigation would provide
equivalent or greater protection to the environment, and provide a
description of site- specific construction techniques that would be used
at each major waterbody crossing.
(3) Describe typical staging area requirements at waterbody and
wetland crossings. Also, identify and describe waterbodies and wetlands
where staging areas are likely to be more extensive.
(4) Include National Wetland Inventory (NWI) maps. If NWI maps are
not available, provide the appropriate state wetland maps. Identify for
each crossing, the milepost, the wetland classification specified by the
U.S. Fish and Wildlife Service, and the length of the crossing. Include
two copies of the NWI maps (or the substitutes, if NWI maps are not
available) clearly showing the proposed route and mileposts directed to
the environmental staff. Describe by milepost, wetland crossings as
determined by field delineations using the current Federal methodology.
(5) Identify aquifers within excavation depth in the project area,
including the depth of the aquifer, current and projected use, water
quality and average yield, and known or suspected contamination
problems.
(6) Describe specific locations, the quantity required, and the
method and rate of withdrawal and discharge of hydrostatic test water.
Describe suspended or dissolved material likely to be present in the
water as a result of contact with the pipeline, particularly if an
existing pipeline is being retested. Describe chemical or physical
treatment of the pipeline or hydrostatic test water. Discuss waste
products generated and disposal methods.
(7) If underground storage of natural gas is proposed:
(i) Identify how water produced from the storage field will be
disposed of, and
(ii) For salt caverns, identify the source locations, the quantity
required, and the method and rate of withdrawal of water for creating
salt cavern(s), as well as the means of disposal of brine resulting from
cavern leaching.
(8) Discuss proposed mitigation measures to reduce the potential for
adverse impacts to surface water, wetlands, or groundwater quality to
the extent they are not described in response to paragraph (d)(2) of
this section. Discuss the potential for blasting to affect water wells,
springs, and wetlands, and measures to be taken to detect and remedy
such effects.
(9) Identify the location of known public and private groundwater
supply wells or springs within 150 feet of proposed construction areas.
Identify locations of EPA or state-designated sole-source aquifers and
wellhead protection areas crossed by the proposed pipeline facilities.
(e) Resource Report 3--Fish, wildlife, and vegetation. This report
is required for all applications, except those involving only facilities
within the improved area of an existing compressor, meter, or regulator
station. It must describe aquatic life, wildlife, and vegetation in the
vicinity of the proposed project; expected impacts on these resources
including potential effects on biodiversity; and proposed mitigation,
enhancement or protection measures. Resource Report 3 must:
(1) Describe commercial and recreational warmwater, coldwater, and
saltwater fisheries in the affected area and associated significant
habitats such as spawning or rearing areas and estuaries.
(2) Describe terrestrial habitats, including wetlands, typical
wildlife habitats, and rare, unique, or otherwise significant habitats
that might be affected by the proposed action. Describe typical species
that have commercial, recreational, or aesthetic value.
(3) Describe and provide the affected acreage of vegetation cover
types that would be affected, including unique ecosystems or communities
such as remnant prairie or old-growth forest,
[[Page 906]]
or significant individual plants, such as old-growth specimen trees.
(4) Describe the impact of construction and operation on aquatic and
terrestrial species and their habitats, including the possibility of a
major alteration to ecosystems or biodiversity, and any potential impact
on state-listed endangered or threatened species. Describe the impact of
maintenance, clearing and treatment of the project area on fish,
wildlife, and vegetation. Surveys may be required to determine specific
areas of significant habitats or communities of species of special
concern to state or local agencies.
(5) Identify all federally listed or proposed endangered or
threatened species and critical habitat that potentially occur in the
vicinity of the project. Discuss the results of the consultation
requirements listed in Sec. 380.13(b) at least through Sec.
380.13(b)(5)(i) and include any written correspondence that resulted
from the consultation. The initial application must include the results
of any required surveys unless seasonal considerations make this
impractical. If species surveys are impractical, there must be field
surveys to determine the presence of suitable habitat unless the entire
project area is suitable habitat.
(6) Identify all federally listed essential fish habitat (EFH) that
potentially occurs in the vicinity of the project. Provide information
on all EFH, as identified by the pertinent Federal fishery management
plans, that may be adversely affected by the project and the results of
abbreviated consultations with NMFS, and any resulting EFH assessments.
(7) Describe site-specific mitigation measures to minimize impacts
on fisheries, wildlife, and vegetation.
(8) Include copies of correspondence not provided pursuant to
paragraph (e)(5) of this section, containing recommendations from
appropriate Federal and state fish and wildlife agencies to avoid or
limit impact on wildlife, fisheries, and vegetation, and the applicant's
response to the recommendations.
(f) Resource Report 4--Cultural resources. This report is required
for all applications. In order to prepare this report, the applicant
must follow the principles in Sec. 380.14 of this part. Guidance on the
content and the format for the documentation listed below, as well as
professional qualifications of preparers, is detailed in ``OPR's
Guidelines for Reporting on Cultural Resources Investigations,'' which
is available from the Commission Internet home page or from the
Commission staff.
(1) Resource Report 4 must contain:
(i) Documentation of the applicant's initial cultural resources
consultation, including consultations with Native Americans and other
interested persons (if appropriate);
(ii) Overview and Survey Reports, as appropriate;
(iii) Evaluation Report, as appropriate;
(iv) Treatment Plan, as appropriate; and
(v) Written comments from State Historic Preservation Officer(s)
(SHPO), Tribal Historic Preservation Officers (THPO), as appropriate,
and applicable land-managing agencies on the reports in paragraphs
(f)(1)(i)-(iv) of this section.
(2) Initial filing requirements. The initial application must
include the Documentation of initial cultural resource consultation, the
Overview and Survey Reports, if required, and written comments from
SHPOs, THPOs and land-managing agencies, if available. The initial
cultural resources consultations should establish the need for surveys.
If surveys are deemed necessary by the consultation with the SHPO/THPO,
the survey report must be filed with the application.
(i) If the comments of the SHPOs, THPOs, or land-management agencies
are not available at the time the application is filed, they may be
filed separately, but they must be filed before a final certificate is
issued.
(ii) If landowners deny access to private property and certain areas
are not surveyed, the unsurveyed area must be identified by mileposts,
and supplemental surveys or evaluations shall be conducted after access
is granted. In such circumstances, reports, and treatment plans, if
necessary, for those inaccessible lands may be filed after a certificate
is issued.
(3) The Evaluation Report and Treatment Plan, if required, for the
entire
[[Page 907]]
project must be filed before a final certificate is issued.
(i) The Evaluation Report may be combined in a single synthetic
report with the Overview and Survey Reports if the SHPOs, THPOs, and
land-management agencies allow and if it is available at the time the
application is filed.
(ii) In preparing the Treatment Plan, the applicant must consult
with the Commission staff, the SHPO, and any applicable THPO and land-
management agencies.
(iii) Authorization to implement the Treatment Plan will occur only
after the final certificate is issued.
(4) Applicant must request privileged treatment for all material
filed with the Commission containing location, character, and ownership
information about cultural resources in accordance with Sec. 388.112 of
this chapter. The cover and relevant pages or portions of the report
should be clearly labeled in bold lettering: ``CONTAINS PRIVILEGED
INFORMATION--DO NOT RELEASE.''
(5) Except as specified in a final Commission order, or by the
Director of the Office of Pipeline Regulation, construction may not
begin until all cultural resource reports and plans have been approved.
(g) Resource Report 5--Socioeconomics. This report is required only
for applications involving significant aboveground facilities,
including, among others, conditioning or liquefied natural gas (LNG)
plants. It must identify and quantify the impacts of constructing and
operating the proposed project on factors affecting towns and counties
in the vicinity of the project. Resource Report 5 must:
(1) Describe the socioeconomic impact area.
(2) Evaluate the impact of any substantial immigration of people on
governmental facilities and services and plans to reduce the impact on
the local infrastructure.
(3) Describe on-site manpower requirements and payroll during
construction and operation, including the number of construction
personnel who currently reside within the impact area, would commute
daily to the site from outside the impact area, or would relocate
temporarily within the impact area.
(4) Determine whether existing housing within the impact area is
sufficient to meet the needs of the additional population.
(5) Describe the number and types of residences and businesses that
would be displaced by the project, procedures to be used to acquire
these properties, and types and amounts of relocation assistance
payments.
(6) Conduct a fiscal impact analysis evaluating incremental local
government expenditures in relation to incremental local government
revenues that would result from construction of the project. Incremental
expenditures include, but are not limited to, school operating costs,
road maintenance and repair, public safety, and public utility costs.
(h) Resource Report 6--Geological resources. This report is required
for applications involving LNG facilities and all other applications,
except those involving only facilities within the boundaries of existing
aboveground facilities, such as a compressor, meter, or regulator
station. It must describe geological resources and hazards in the
project area that might be directly or indirectly affected by the
proposed action or that could place the proposed facilities at risk, the
potential effects of those hazards on the facility, and methods proposed
to reduce the effects or risks. Resource Report 6 must:
(1) Describe, by milepost, mineral resources that are currently or
potentially exploitable;
(2) Describe, by milepost, existing and potential geological hazards
and areas of nonroutine geotechnical concern, such as high seismicity
areas, active faults, and areas susceptible to soil liquefaction;
planned, active, and abandoned mines; karst terrain; and areas of
potential ground failure, such as subsidence, slumping, and landsliding.
Discuss the hazards posed to the facility from each one.
(3) Describe how the project would be located or designed to avoid
or minimize adverse effects to the resources or risk to itself,
including geotechnical investigations and monitoring that would be
conducted before, during, and
[[Page 908]]
after construction. Discuss also the potential for blasting to affect
structures, and the measures to be taken to remedy such effects.
(4) Specify methods to be used to prevent project-induced
contamination from surface mines or from mine tailings along the right-
of-way and whether the project would hinder mine reclamation or
expansion efforts.
(5) If the application involves an LNG facility located in zones 2,
3, or 4 of the Uniform Building Code's Seismic Risk Map, or where there
is potential for surface faulting or liquefaction, prepare a report on
earthquake hazards and engineering in conformance with ``Data
Requirements for the Seismic Review of LNG Facilities,'' NBSIR 84-2833.
This document may be obtained from the Commission staff.
(6) If the application is for underground storage facilities:
(i) Describe how the applicant would control and monitor the
drilling activity of others within the field and buffer zone;
(ii) Describe how the applicant would monitor potential effects of
the operation of adjacent storage or production facilities on the
proposed facility, and vice versa;
(iii) Describe measures taken to locate and determine the condition
of old wells within the field and buffer zone and how the applicant
would reduce risk from failure of known and undiscovered wells; and
(iv) Identify and discuss safety and environmental safeguards
required by state and Federal drilling regulations.
(i) Resource Report 7--Soils. This report is required for all
applications except those not involving soil disturbance. It must
describe the soils that would be affected by the proposed project, the
effect on those soils, and measures proposed to minimize or avoid
impact. Resource Report 7 must:
(1) List, by milepost, the soil associations that would be crossed
and describe the erosion potential, fertility, and drainage
characteristics of each association.
(2) If an aboveground facility site is greater than 5 acres:
(i) List the soil series within the property and the percentage of
the property comprised of each series;
(ii) List the percentage of each series which would be permanently
disturbed;
(iii) Describe the characteristics of each soil series; and
(iv) Indicate which are classified as prime or unique farmland by
the U.S. Department of Agriculture, Natural Resources Conservation
Service.
(3) Identify, by milepost, potential impact from: Soil erosion due
to water, wind, or loss of vegetation; soil compaction and damage to
soil structure resulting from movement of construction vehicles; wet
soils and soils with poor drainage that are especially prone to
structural damage; damage to drainage tile systems due to movement of
construction vehicles and trenching activities; and interference with
the operation of agricultural equipment due to the probability of large
stones or blasted rock occurring on or near the surface as a result of
construction.
(4) Identify, by milepost, cropland and residential areas where loss
of soil fertility due to trenching and backfilling could occur.
(5) Describe proposed mitigation measures to reduce the potential
for adverse impact to soils or agricultural productivity. Compare
proposed mitigation measures with the staff's current ``Upland Erosion
Control, Revegetation and Maintenance Plan'', which is available from
the Commission Internet home page or from the Commission staff, and
explain how proposed mitigation measures provide equivalent or greater
protections to the environment.
(j) Resource Report 8--Land use, recreation and aesthetics. This
report is required for all applications except those involving only
facilities which are of comparable use at existing compressor, meter,
and regulator stations. It must describe the existing uses of land on,
and (where specified) within 0.25 mile of, the proposed project and
changes to those land uses that would occur if the project is approved.
The report shall discuss proposed mitigation measures, including
protection and enhancement of existing land use. Resource Report 8 must:
(1) Describe the width and acreage requirements of all construction
and permanent rights-of-way and the acreage required for each proposed
plant and
[[Page 909]]
operational site, including injection or withdrawal wells.
(i) List, by milepost, locations where the proposed right-of-way
would be adjacent to existing rights-of-way of any kind.
(ii) Identify, preferably by diagrams, existing rights-of-way that
would be used for a portion of the construction or operational right-of-
way, the overlap and how much additional width would be required.
(iii) Identify the total amount of land to be purchased or leased
for each aboveground facility, the amount of land that would be
disturbed for construction and operation of the facility, and the use of
the remaining land not required for project operation.
(iv) Identify the size of typical staging areas and expanded work
areas, such as those at railroad, road, and waterbody crossings, and the
size and location of all pipe storage yards and access roads.
(2) Identify, by milepost, the existing use of lands crossed by the
proposed pipeline, or on or adjacent to each proposed plant and
operational site.
(3) Describe planned development on land crossed or within 0.25 mile
of proposed facilities, the time frame (if available) for such
development, and proposed coordination to minimize impacts on land use.
Planned development means development which is included in a master plan
or is on file with the local planning board or the county.
(4) Identify, by milepost and length of crossing, the area of direct
effect of each proposed facility and operational site on sugar maple
stands, orchards and nurseries, landfills, operating mines, hazardous
waste sites, state wild and scenic rivers, state or local designated
trails, nature preserves, game management areas, remnant prairie, old-
growth forest, national or state forests, parks, golf courses,
designated natural, recreational or scenic areas, or registered natural
landmarks, Native American religious sites and traditional cultural
properties to the extent they are known to the public at large, and
reservations, lands identified under the Special Area Management Plan of
the Office of Coastal Zone Management, National Oceanic and Atmospheric
Administration, and lands owned or controlled by Federal or state
agencies or private preservation groups. Also identify if any of those
areas are located within 0.25 mile of any proposed facility.
(5) Identify, by milepost, all residences and buildings within 50
feet of the proposed pipeline construction right-of-way and the distance
of the residence or building from the right-of-way. Provide survey
drawings or alignment sheets to illustrate the location of the
facilities in relation to the buildings.
(6) Describe any areas crossed by or within 0.25 mile of the
proposed pipeline or plant and operational sites which are included in,
or are designated for study for inclusion in: The National Wild and
Scenic Rivers System (16 U.S.C. 1271); The National Trails System (16
U.S.C. 1241); or a wilderness area designated under the Wilderness Act
(16 U.S.C. 1132).
(7) For facilities within a designated coastal zone management area,
provide a consistency determination or evidence that the applicant has
requested a consistency determination from the state's coastal zone
management program.
(8) Describe the impact the project will have on present uses of the
affected area as identified above, including commercial uses, mineral
resources, recreational areas, public health and safety, and the
aesthetic value of the land and its features. Describe any temporary or
permanent restrictions on land use resulting from the project.
(9) Describe mitigation measures intended for all special use areas
identified under paragraphs (j)(2) through (6) of this section.
(10) Describe proposed typical mitigation measures for each
residence that is within 50 feet of the edge of the pipeline
construction right-of-way, as well as any proposed residence-specific
mitigation. Describe how residential property, including for example,
fences, driveways, stone walls, sidewalks, water supply, and septic
systems, would be restored. Describe compensation plans for temporary
and permanent rights-of-way and the eminent domain process for the
affected areas.
[[Page 910]]
(11) Describe measures proposed to mitigate the aesthetic impact of
the facilities especially for aboveground facilities such as compressor
or meter stations.
(12) Demonstrate that applications for rights-of-way or other
proposed land use have been or soon will be filed with Federal land-
management agencies with jurisdiction over land that would be affected
by the project.
(k) Resource Report 9--Air and noise quality. This report is
required for applications involving compressor facilities at new or
existing stations, and for all new LNG facilities. It must identify the
effects of the project on the existing air quality and noise environment
and describe proposed measures to mitigate the effects. Resource Report
9 must:
(1) Describe the existing air quality, including background levels
of nitrogen dioxide and other criteria pollutants which may be emitted
above EPA-identified significance levels.
(2) Quantitatively describe existing noise levels at noise-sensitive
areas, such as schools, hospitals, or residences and include any areas
covered by relevant state or local noise ordinances.
(i) Report existing noise levels as the Leq (day),
Leq (night), and Ldn and include the basis for the
data or estimates.
(ii) For existing compressor stations, include the results of a
sound level survey at the site property line and nearby noise-sensitive
areas while the compressors are operated at full load.
(iii) For proposed new compressor station sites, measure or estimate
the existing ambient sound environment based on current land uses and
activities.
(iv) Include a plot plan that identifies the locations and duration
of noise measurements, the time of day, weather conditions, wind speed
and direction, engine load, and other noise sources present during each
measurement.
(3) Estimate the impact of the project on air quality, including how
existing regulatory standards would be met.
(i) Provide the emission rate of nitrogen oxides from existing and
proposed facilities, expressed in pounds per hour and tons per year for
maximum operating conditions, include supporting calculations, emission
factors, fuel consumption rates, and annual hours of operation.
(ii) For major sources of air emissions (as defined by the
Environmental Protection Agency), provide copies of applications for
permits to construct (and operate, if applicable) or for applicability
determinations under regulations for the prevention of significant air
quality deterioration and subsequent determinations.
(4) Provide a quantitative estimate of the impact of the project on
noise levels at noise-sensitive areas, such as schools, hospitals, or
residences.
(i) Include step-by-step supporting calculations or identify the
computer program used to model the noise levels, the input and raw
output data and all assumptions made when running the model, far-field
sound level data for maximum facility operation, and the source of the
data.
(ii) Include sound pressure levels for unmuffled engine inlets and
exhausts, engine casings, and cooling equipment; dynamic insertion loss
for all mufflers; sound transmission loss for all compressor building
components, including walls, roof, doors, windows and ventilation
openings; sound attenuation from the station to nearby noise-sensitive
areas; the manufacturer's name, the model number, the performance
rating; and a description of each noise source and noise control
component to be employed at the proposed compressor station. For
proposed compressors the initial filing must include at least the
proposed horsepower, type of compression, and energy source for the
compressor.
(iii) Far-field sound level data measured from similar units in
service elsewhere, when available, may be substituted for manufacturer's
far-field sound level data.
(iv) If specific noise control equipment has not been chosen,
include a schedule for submitting the data prior to certification.
(v) The estimate must demonstrate that the project will comply with
applicable noise regulations and show how the facility will meet the
following requirements:
[[Page 911]]
(A) 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 sound
level (Ldn) of 55 dBA at any pre-existing noise-sensitive
area (such as schools, hospitals, or residences).
(B) New compressor stations or modifications of existing stations
shall not result in a perceptible increase in vibration at any noise-
sensitive area.
(5) Describe measures and manufacturer's specifications for
equipment proposed to mitigate impact to air and noise quality,
including emission control systems, installation of filters, mufflers,
or insulation of piping and buildings, and orientation of equipment away
from noise-sensitive areas.
(l) Resource Report 10--Alternatives. This report is required for
all applications. It must describe alternatives to the project and
compare the environmental impacts of such alternatives to those of the
proposal. The discussion must demonstrate how environmental benefits and
costs were weighed against economic benefits and costs, and
technological and procedural constraints. The potential for each
alternative to meet project deadlines and the environmental consequences
of each alternative shall be discussed. Resource Report 10 must:
(1) Discuss the ``no action'' alternative and the potential for
accomplishing the proposed objectives through the use of other systems
and/or energy conservation. Provide an analysis of the relative
environmental benefits and costs for each alternative.
(2) Describe alternative routes or locations considered for each
facility during the initial screening for the project.
(i) For alternative routes considered in the initial screening for
the project but eliminated, describe the environmental characteristics
of each route or site, and the reasons for rejecting it. Identify the
location of such alternatives on maps of sufficient scale to depict
their location and relationship to the proposed action, and the
relationship of the pipeline to existing rights-of-way.
(ii) For alternative routes or locations considered for more in-
depth consideration, describe the environmental characteristics of each
route or site and the reasons for rejecting it. Provide comparative
tables showing the differences in environmental characteristics for the
alternative and proposed action. The location of any alternatives in
this paragraph shall be provided on maps equivalent to those required in
paragraph (c)(2) of this section.
(m) Resource Report 11--Reliability and safety. This report is
required for applications involving new or recommissioned LNG
facilities. Information previously filed with the Commission need not be
refiled if the applicant verifies its continued validity. This report
shall address the potential hazard to the public from failure of
facility components resulting from accidents or natural catastrophes,
how these events would affect reliability, and what procedures and
design features have been used to reduce potential hazards. Resource
Report 11 must:
(1) Describe measures proposed to protect the public from failure of
the proposed facilities (including coordination with local agencies).
(2) Discuss hazards, the environmental impact, and service
interruptions which could reasonably ensue from failure of the proposed
facilities.
(3) Discuss design and operational measures to avoid or reduce risk.
(4) Discuss contingency plans for maintaining service or reducing
downtime.
(5) Describe measures used to exclude the public from hazardous
areas. Discuss measures used to minimize problems arising from
malfunctions and accidents (with estimates of probability of occurrence)
and identify standard procedures for protecting services and public
safety during maintenance and breakdowns.
(n) Resource Report 12--PCB contamination. This report is required
for applications involving the replacement, abandonment by removal, or
abandonment in place of pipeline facilities determined to have
polychlorinated biphenyls (PCBs) in excess of 50 ppm in pipeline
liquids. Resource Report 12 must:
(1) Provide a statement that activities would comply with an
approved
[[Page 912]]
EPA disposal permit, with the dates of issuance and expiration
specified, or with the requirements of the Toxic Substances Control Act.
(2) For compressor station modifications on sites that have been
determined to have soils contaminated with PCBs, describe the status of
remediation efforts completed to date.
(o) Resource Report 13--Engineering and design material. This report
is required for construction of new liquefied natural gas (LNG)
facilities, or the recommissioning of existing LNG facilities. If the
recommissioned facility is existing and is not being replaced,
relocated, or significantly altered, resubmittal of information already
on file with the Commission is unnecessary. Resource Report 13 must:
(1) Provide a detailed plot plan showing the location of all major
components to be installed, including compression, pretreatment,
liquefaction, storage, transfer piping, vaporization, truck loading/
unloading, vent stacks, pumps, and auxiliary or appurtenant service
facilities.
(2) Provide a detailed layout of the fire protection system showing
the location of fire water pumps, piping, hydrants, hose reels, dry
chemical systems, high expansion foam systems, and auxiliary or
appurtenant service facilities.
(3) Provide a layout of the hazard detection system showing the
location of combustible-gas detectors, fire detectors, heat detectors,
smoke or combustion product detectors, and low temperature detectors.
Identify those detectors that activate automatic shutdowns and the
equipment that would shut down. Include all safety provisions
incorporated in the plant design, including automatic and manually
activated emergency shutdown systems.
(4) Provide a detailed layout of the spill containment system
showing the location of impoundments, sumps, subdikes, channels, and
water removal systems.
(5) Provide manufacturer's specifications, drawings, and literature
on the fail-safe shut-off valve for each loading area at a marine
terminal (if applicable).
(6) Provide a detailed layout of the fuel gas system showing all
taps with process components.
(7) Provide copies of company, engineering firm, or consultant
studies of a conceptual nature that show the engineering planning or
design approach to the construction of new facilities or plants.
(8) Provide engineering information on major process components
related to the first six items above, which include (as applicable)
function, capacity, type, manufacturer, drive system (horsepower,
voltage), operating pressure, and temperature.
(9) Provide manuals and construction drawings for LNG storage
tank(s).
(10) Provide up-to-date piping and instrumentation diagrams. Include
a description of the instrumentation and control philosophy, type of
instrumentation (pneumatic, electronic), use of computer technology, and
control room display and operation. Also, provide an overall schematic
diagram of the entire process flow system, including maps, materials,
and energy balances.
(11) Provide engineering information on the plant's electrical power
generation system, distribution system, emergency power system,
uninterruptible power system, and battery backup system.
(12) Identify of all codes and standards under which the plant (and
marine terminal, if applicable) will be designed, and any special
considerations or safety provisions that were applied to the design of
plant components.
(13) Provide a list of all permits or approvals from local, state,
Federal, or Native American groups or Indian agencies required prior to
and during construction of the plant, and the status of each, including
the date filed, the date issued, and any known obstacles to approval.
Include a description of data records required for submission to such
agencies and transcripts of any public hearings by such agencies. Also
provide copies of any correspondence relating to the actions by all, or
any, of these agencies regarding all required approvals.
(14) Identify how each applicable requirement will comply with 49
CFR
[[Page 913]]
part 193 and the National Fire Protection Association 59A LNG Standards.
For new facilities, the siting requirements of 49 CFR part 193, subpart
B, must be given special attention. If applicable, vapor dispersion
calculations from LNG spills over water should also be presented to
ensure compliance with the U.S. Coast Guard's LNG regulations in 33 CFR
part 127.
(15) Provide seismic information specified in Data Requirements for
the Seismic Review of LNG facilities (NBSIR 84-2833, available from FERC
staff) for facilities that would be located in zone 2, 3, or 4 of the
Uniform Building Code Seismic Map of the United States.
[Order 603, 64 FR 26611, May 14, 1999, as amended by Order 603-A, 64 FR
54537, Oct. 7, 1999; Order 609, 64 FR 57392, Oct. 25, 1999]