Natural Gas Pipelines

Federal Statutes and Regulations

Pipeline Construction Statutes and Regulations

The Natural Gas Act of 1938 (15 U.S.C. Chap. 15B)

• The Natural Gas Act provides FERC with regulatory control over the interstate sale and transportation of natural gas as well as authority to grant certificates allowing construction and operation of facilities used in interstate gas transmission.

The Natural Gas Policy Act of 1978 (15 U.S.C. Chap. 60)

• The Natural Gas Policy Act provides FERC authority over intrastate as well as interstate natural gas production.

The National Environmental Policy Act of 1969 (40 CFR Parts 1500-1508)

• The National Environmental Policy Act requires FERC to consider the environmental impacts of the proposed action and reasonable alternative to those actions into their decision-making processes.

The Clean Water Act (33 U.S.C. § 1251 et seq.)

• FERC must apply for Section 404, 402, and 401 permits authorizing discharges into U.S. waters.

Section 28 of the Mineral Leasing Act (30 U.S.C. § 185(a)-(b))

• Section 28 provides the Department of Interior and federal agencies with authority over federal lands to grant rights-of-way through those lands for pipeline transportation of oil or natural gas.

Section 106 of the National Historic Preservation Act (36 CFR Part 800)

• Section 106 requires FERC to take into account the effects of their undertakings on historic properties.

The Coastal Zone Management Act (15 CFR Part 930, Subpart D)

• The Coastal Zone Management Act requires any applicant for a federal license or permit for an activity affecting any land or water use or natural resource of a state’s coastal zone to comply with the enforceable policies of the state’s federally approved coastal zone management program.

The Endangered Species Act (16 U.S.C. § 1536-1538)

• The Endangered Species Act requires FERC to ensure that the proposed actions are not likely to “take” any endangered or threatened species or to jeopardize the continued existence of any endangered or threatened species or to destroy or modify the critical habitat of such species.

The Clean Air Act (42 U.S.C. § 7401 et seq.)

• The requirements of the Clean Air Act may apply to both the construction and operation of a pipeline infrastructure project.

The Energy Policy Act of 2005 (42 U.S.C. § 13201 et seq.)

• The Energy Policy Act gives FERC greater authority for coordinating Federal permits and the NEPA process for applications to expand natural gas pipelines

Pipeline Safety Statutes and Regulations

Final Rule; Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations, 80 FR 12762 (Effective on Oct. 1, 2015)

The Pipeline Safety Act of 2016 (49 U.S.C. § 60101 et seq.) (to amend Title 49, United States Code, to provide enhanced safety in pipeline transportation, and for other purposes)

The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (49 U.S.C. § 60101 et seq.) (to amend Title 49, United States Code, to provide for enhanced safety and environmental protection in pipeline transportation, to provide for enhanced reliability in the transportation of the Nation’s energy products by pipeline, and for other purposes)

The Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (49 U.S.C. § 60101 et seq.) (to amend Title 49, United States Code, to provide for enhanced safety and environmental protection in pipeline transportation, to provide for enhanced reliability in the transportation of the Nation’s energy products by pipeline, and for other purposes)

The Pipeline Safety Improvement Act of 2002 (49 U.S.C. § 60101 et seq.) (to amend Title 49, United States Code, to enhance the security and safety of pipelines)

The Accountable Pipeline Safety and Partnership Act of 1996 (49 U.S.C. § 60101 et seq.) (to reduce risk to public safety and the environment associated with pipeline transportation of natural gas and hazardous liquids, and for other purposes)

The Pipeline Safety Reauthorization Act of 1988 (49 U.S.C. § 60101 et seq.) (to amend the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 to authorize appropriations for fiscal years 1988 and 1989, and for other purposes)

The Pipeline Safety Act of 1979 (49 U.S.C. § 60101 et seq.) (to amend the Natural Gas Pipeline Safety Act of 1968 to provide for the safe operation of pipelines transporting natural gas and liquefied petroleum gas, to provide standards with respect to the siting, construction, and operation of liquefied natural gas facilities, and for other purposes)

The Natural Gas Pipeline Safety Act of 1968 (to authorize the Secretary of Transportation to prescribe safety standards for the transportation of natural gas and other gas by pipeline, and for other purposes)