FERC Aims to Revamp NEPA Air‑Quality Review for Natural‑Gas Projects
The federal regulator issued a draft policy that would end the current requirement for operational‑air‑quality studies, potentially speeding up approvals for gas‑pipeline expansions.
FERC’s draft policy statement proposes sweeping changes to how it applies the National Environmental Policy Act (NEPA) to natural‑gas projects with operating‑air‑quality implications. Under the proposed rule, the agency would remove the current rule that obliges owners and operators to perform air‑quality adequacy studies whenever a facility’s operations could affect air quality. Instead, FERC would rely exclusively on the agency’s existing environmental‑review framework and privately‑prepared environmental‑impact statements (EIS) to cover any operational‑air‑quality concerns. The intent, as explained by FERC staff, is to reduce duplicative studies, lower costs for pipeline, LNG, and other gas infrastructure developers, and streamline the approval process without compromising environmental safeguards. If finalized, the rule would alter the baseline for NEPA compliance, requiring counsel and clients to update internal compliance workflows. Stakeholders—including gas utilities, pipeline operators, and permitting counsel—will want to monitor subsequent comment periods and guidance on how EISs should approach operational air‑quality data to ensure continued regulatory compliance.