[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: 18CFR380.6]

[Page 900]
 
           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. 380.6  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 
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]