FERC-577, Natural Gas Facilities: Environmental Review and Compliance (Final Rule in RM22-8)
Revision of a currently approved collection
No
Regular
Approved without change
06/13/2024
11/20/2023
Because the agency sought comments only on the changes associated with the rule, the existing expiration date remains the same for this collection. In accordance with 5 CFR 1320, the information collection is approved.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
08/31/2026
08/31/2026
08/31/2026
25,328
0
25,232
364,745
0
359,957
0
0
0
FERC-577 identifies information collection activities relating to Parts 2, 157, 284, and 380 of the Commission's regulations implementing the National Environmental Policy Act (NEPA) and information collections relating to landowner notifications. The Final Rule in Docket No. RM22-8-000 updates the language in 18 CFR 380.12(o)(15) with new regulatory text that requires applicants to provide the engineering and design information that they have typically provided in accordance with the Commissionâs âGuidance Manual for Environmental Report Preparation for Applications Filed Under the Natural Gas Act,â which was issued in February of 2017. This new regulatory language thus codifies practices traceable to the 2017 Guidance Manual.
In the Notice of Proposed Rule (NOPR) in Docket No. RM22-8-000, FERC-539A and FERC-577A were temporary placeholder designations for FERC-539 and FERC-577, respectively. The temporary placeholder designations were necessary because only one request is allowed at a time for any information collection, and requests were pending at OMB for both FERC-539 and FERC-577.
As part of its review of the information collections associated with the NOPR in Docket No. RM22-9-000, OMB issued âcomment and continueâ types of decision for FERC-539A. OMB also assigned new control number (i.e., 1902-0326 and 1902-0327) for FERC-539A and FERC-577A.
The previously pending requests for FERC-539 and FERC-577 have been approved and this information collection request seeks revision of those collections in connection with the Final Rule in Docket No. RM22-8.
In the ROCIS metadata FERC-539 and FERC-577, we are listing the NOPR (RIN 1902-AG06) as a 60-day notice and the Final Rule as a 30-day notice so that we may characterize our request as a âregularâ type of request. ROCIS allowed us to characterize our request for FERC-539 as "regular" without taking those measures.
US Code:
42 USC 4321
Name of Law: National Environmental Policy Act of 1969 (NEPA)
US Code:
15 USC 717 to 717w
Name of Law: Natural Gas Act
The final rule in RM22-8 includes program changes in its revisions of 18 CFR 380.12(o). For example, paragraph 12 of that regulation historically has required only that Resource Report 13 identify codes and standards related to siting of a proposed LNG plant and marine terminal, if applicable. To ensure public safety and reliability of proposed LNG facilities not only during siting of the facilities but also during construction and operations of those facilities, the final rule revises § 380.12(o)(12) so that Resource Report 13 now includes identification of codes and standards for the design, construction, testing, monitoring, operation, and maintenance of the LNG facility in addition to identification of codes and standards for siting.
The final rule also includes program changes related to 18 CFR 380.12(o)(15). Historically, that regulation has required applicants to provide in Resource Report 13 seismic information specified in a report of the National Bureau of Standards for facilities that would be located in zone 2, 3, or 4 of the Uniform Building Code Seismic Map of the United States. The references to the National Bureau of Standards and the Uniform Building Code are both outdated. For that reason, the final rule in Docket No. RM22-8 amends 18 CFR 380.12(o)(15) to codify the following recommendations from the 2017 Guidelines: that applicants:
⢠Demonstrate that the proposed facilities will be sited, designed, constructed, and operated to maintain reliability and will not significantly impact public safety given geotechnical conditions and the occurrence of a natural hazard;
⢠Provide geotechnical studies and natural hazard studies based on the site location, which must provide impacts and magnitude of historical events and projected impacts and magnitude of events based on projected prescriptive / deterministic events and projected probabilistic events corresponding to mean recurrence intervals;
⢠Provide the basis of design supported by site information, including design parameters and criteria and preliminary resultant design loads used in the geotechnical and structural design of LNG facilities; and
⢠Include construction and operation information that discusses quality assurance and quality control plans, monitoring programs, and action programs developed in preparation of and response to geotechnical and natural hazards.
New 18 CFR 380.15(o)(15) also provides that all information provided must, at a minimum, demonstrate compliance with all applicable federal requirements and applicable codes and standards, and identify any applicable state and local requirements for the siting, design, construction, testing, monitoring, operation, and maintenance used to safeguard against significant impacts caused by geotechnical conditions and natural hazards.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
RM22-8 supporting statement for FERC-577 clean.docx
42 U.S.C. 4332.pdf
Gas Pipeline Certificates: Environmental Impact Statement