Notice2021-18967
LA Storage, LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Hackberry Storage Project, Request for Comments on Environmental Issues, and Schedule for Environmental Review
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Published
September 2, 2021
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 86 Issue 168 (Thursday, September 2, 2021)</title>
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[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49321-49323]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18967]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP21-44-000]
LA Storage, LLC; Notice of Intent To Prepare an Environmental
Impact Statement for the Proposed Hackberry Storage Project, Request
for Comments on Environmental Issues, and Schedule for Environmental
Review
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the Hackberry Storage Project
(Project) involving construction and operation of facilities by LA
Storage, LLC (LA Storage) in Cameron and Calcasieu Parishes, Louisiana.
The Commission will use the EIS in its decision-making process to
determine whether LA Storage's proposed Project is in the public
convenience and necessity. The schedule for preparation of the EIS is
discussed in the Schedule for Environmental Review section of this
notice.
As part of the National Environmental Policy Act (NEPA) review
process, the Commission takes into account concerns the public may have
about proposals and the environmental impacts that could result
whenever it considers the issuance of a Certificate of Public
Convenience and Necessity. This gathering of public input is referred
to as ``scoping.'' By notice issued on October 20, 2020, in Docket No.
PF20-5-000, the Commission opened a scoping period during LA Storage's
planning process for the Project and prior to filing a formal
application with the Commission, a process referred to as ``pre-
filing.'' LA Storage has now filed an application with the Commission,
and staff intends to prepare an EIS that will address the concerns
raised during the pre-filing scoping process as well as comments
received in response to this notice. Therefore, the Commission requests
comments on potential alternatives and impacts, and any relevant
information, studies, or analyses of any kind concerning impacts
affecting the quality of the human environment. To ensure that your
comments are timely and properly recorded, please submit your comments
so that the Commission receives them in Washington, DC on or before
5:00 p.m. Eastern Time on September 26, 2021. Further details on how to
submit comments are provided in the Public Participation section of
this notice.
As mentioned above, during the pre-filing process, the Commission
opened a scoping period which expired on November 19, 2020; however,
Commission staff continued to accept comments during the entire pre-
filing process. All substantive written and oral comments provided
during pre-filing will be considered during the preparation of the EIS.
Therefore, if you submitted comments on this Project to the Commission
during the pre-filing process in Docket No. PF20-5-000 you do not need
to file those comments again.
If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the Project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not grant, exercise, or oversee the exercise of eminent domain
authority. The courts have exclusive authority to handle eminent domain
cases; the Commission has no jurisdiction over these matters.
LA Storage provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' which addresses typically asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website (<a href="http://www.ferc.gov">www.ferc.gov</a>)
under the Natural Gas Questions or Landowner Topics link.
Public Participation
There are three methods you can use to submit your comments to the
Commission. The Commission encourages electronic filing of comments and
has staff available to assist you at (866) 208-3676 or
<a href="/cdn-cgi/l/email-protection#d593b0a7b69abbb9bcbbb086a0a5a5baa7a195b3b0a7b6fbb2baa3"><span class="__cf_email__" data-cfemail="0d4b687f6e4263616463685e787d7d627f794d6b687f6e236a627b">[email protected]</span></a>. Please carefully follow these instructions
so that your comments are properly recorded.
(1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (<a href="http://www.ferc.gov">www.ferc.gov</a>)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
(2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (<a href="http://www.ferc.gov">www.ferc.gov</a>)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
(3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP21-
44-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, MD 20852.
Additionally, the Commission offers a free service called
eSubscription. This service provides automatic notification of filings
made to subscribed dockets, document summaries, and direct links to the
documents. Go to <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a> to register
for eSubscription.
Summary of the Proposed Project, the Project Purpose and Need, and
Expected Impacts
The Project would involve the conversion of three existing salt
dome caverns to natural gas storage service and the development of one
new salt dome cavern for additional natural gas storage service, all
within a permanent natural gas storage facility on a 160-acre tract of
land owned by LA Storage. In addition to the storage caverns, LA
Storage would construct and operate on-site compression facilities
(Pelican Compressor Station) and up to six solution mining water supply
wells at the storage facility on LA Storage's property; the Hackberry
Pipeline, consisting of approximately 11.1 miles of 42-inch-diameter
natural gas pipeline connecting the certificated Port Arthur
[[Page 49322]]
Pipeline Louisiana Connector (PAPLC) pipeline (CP18-7) to the natural
gas storage caverns; the Cameron Interstate Pipeline (CIP) Lateral, an
approximately 4.9-mile-long, 42-inch-diameter natural gas pipeline
extending from the existing CIP to the planned natural gas storage
caverns; metering and regulating at the CIP and PAPLC interconnects;
and an approximately 6.2-mile-long, 16-inch-diameter brine disposal
pipeline that would transport brine from the caverns to four saltwater
disposal wells located on two pads north of the facility.
The general location of the project facilities is shown in appendix
1.\1\
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\1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
<a href="http://www.ferc.gov">www.ferc.gov</a> using the link called ``eLibrary.'' For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="b9fffcebfaf6d7d5d0d7dceaccc9c9d6cbcdf9dfdccbda97ded6cf">[email protected]</a> or call toll free, (886) 208-3676
or TTY (202) 502-8659.
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Construction of the planned facilities would disturb about 441
acres of land. Following construction, LA Storage would maintain about
267 acres for permanent operation of the project's facilities; the
remaining acreage would be restored and revert to former uses. The
Hackberry Pipeline, CIP Lateral, and brine disposal pipeline would be
collocated for 4.7 miles.
Based on an initial review of LA Storage's proposal and public
comments received during the pre-filing process, Commission staff have
identified several expected impacts that deserve attention in the EIS.
These include: Project impacts on wetlands and other fish and wildlife
resources; impacts on water and air quality; safety of salt domes and
brine injection; greenhouse gas emissions; and climate change.
The NEPA Process and the EIS
The EIS issued by the Commission will discuss impacts that could
occur as a result of the construction and operation of the proposed
Project under the relevant general resource areas:
<bullet> Geology and soils;
<bullet> water resources and wetlands;
<bullet> vegetation and wildlife;
<bullet> threatened and endangered species;
<bullet> cultural resources;
<bullet> socioeconomics;
<bullet> land use;
<bullet> greenhouse gas and climate;
<bullet> air quality and noise; and
<bullet> reliability and safety.
Commission staff will also make recommendations on how to lessen or
avoid impacts on the various resource areas. Your comments will help
Commission staff focus its analysis on the issues that may have a
significant effect on the human environment.
The EIS will present Commission staff's independent analysis of the
issues. Staff will prepare a draft EIS which will be issued for public
comment. Commission staff will consider all timely comments received
during the comment period on the draft EIS and revise the document, as
necessary, before issuing a final EIS. Any draft and final EIS will be
available in electronic format in the public record through eLibrary
\2\ and the Commission's natural gas environmental documents web page
(<a href="https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents">https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents</a>). If eSubscribed, you will receive instant
email notification when the environmental document is issued.
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\2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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Alternatives Under Consideration
The EIS will evaluate reasonable alternatives that are technically
and economically feasible and meet the purpose and need for the
proposed action.\3\
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\3\ 40 CFR 1508.1(z).
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With this notice, the Commission requests specific comments
regarding any additional potential alternatives to the proposed action
or segments of the proposed action. Please focus your comments on
reasonable alternatives (including alternative facility sites) that
meet the Project objectives, are technically and economically feasible,
and avoid or lessen environmental impact.
Consultation Under Section 106 of the National Historic Preservation
Act
In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission initiated section 106 consultation for
the Project in the notice issued on October 20, 2020, with the
Louisiana State Historic Preservation Office, and other government
agencies, interested Indian tribes, and the public to solicit their
views and concerns regarding the Project's potential effects on
historic properties.\4\ This notice is a continuation of section 106
consultation for the Project. The Project EIS will document findings on
the impacts on historic properties and summarize the status of
consultations under section 106.
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\4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Schedule for Environmental Review
On February 10, 2021, the Commission issued its Notice of
Application for the Project. Among other things, that notice alerted
other agencies issuing federal authorizations of the requirement to
complete all necessary reviews and to reach a final decision on the
request for a federal authorization within 90 days of the date of
issuance of the Commission staff's final EIS for the Project. This
notice identifies the Commission staff's planned schedule for
completion of a final EIS for the Project, which is based on an
issuance of the draft EIS in December 2021.
Issuance of Notice of Availability of the final EIS: April 8, 2022
90-day Federal Authorization Decision Deadline \5\: July 7, 2022
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\5\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.
If a schedule change becomes necessary for the final EIS, an
additional notice will be provided so that the relevant agencies are
kept informed of the Project's progress.
Permits and Authorizations
The table below lists the anticipated permits and authorizations
for the Project required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is
not listed here. Agencies with jurisdiction by law and/or special
expertise may formally cooperate in the preparation of the Commission's
EIS and may adopt the EIS to satisfy its NEPA responsibilities related
to this Project. Agencies that would like to request cooperating agency
status should follow the instructions for filing comments provided
under the Public Participation section of this notice.
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Permit Agency
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Clean Water Act (CWA) Section 404 U.S. Army Corps of
Discharges to Waters of the United States. Engineers.
[[Page 49323]]
Coastal Use Permit........................ Louisiana Department of
Natural Resources.
Clean Air Act Title V Air Permit.......... Louisiana Department of
Environmental Quality.
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Environmental Mailing List
This notice is being sent to the Commission's current environmental
mailing list for the Project which includes federal, state, and local
government representatives and agencies; local libraries; newspapers;
elected officials; Native American Tribes; and other interested
parties. This list also includes all affected landowners (as defined in
the Commission's regulations) who are potential right-of-way grantors,
whose property may be used temporarily for Project purposes, or who own
homes within certain distances of aboveground facilities, and anyone
who submits comments on the Project and includes a mailing address with
their comments. Commission staff will update the environmental mailing
list as the analysis proceeds to ensure that Commission notices related
to this environmental review are sent to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed Project. State and local government
representatives should notify their constituents of this proposed
Project and encourage them to comment on their areas of concern.
If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
(1) Send an email to <a href="/cdn-cgi/l/email-protection#f3b49280a3819c99969087b2979781968080b09b929d9496b395968190dd949c85"><span class="__cf_email__" data-cfemail="4a0d2b391a3825202f293e0b2e2e382f393909222b242d2f0a2c2f3829642d253c">[email protected]</span></a> stating your
request. You must include the docket number CP21-44-000 in your
request. If you are requesting a change to your address, please be sure
to include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.
Or
(2) Return the attached ``Mailing List Update Form'' (appendix 2).
Additional Information
Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at <a href="http://www.ferc.gov">www.ferc.gov</a> using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field (i.e., CP21-44-000). Be sure you have
selected an appropriate date range. For assistance, please contact FERC
Online Support at <a href="/cdn-cgi/l/email-protection#e1a7849382ae8f8d888f84b29491918e9395a187849382cf868e97"><span class="__cf_email__" data-cfemail="591f3c2b3a16373530373c0a2c2929362b2d193f3c2b3a773e362f">[email protected]</span></a> or (866) 208-3676, or for
TTY, contact (202) 502-8659. The eLibrary link also provides access to
the texts of all formal documents issued by the Commission, such as
orders, notices, and rulemakings.
Public sessions or site visits will be posted on the Commission's
calendar located at <a href="https://www.ferc.gov/news-events/events">https://www.ferc.gov/news-events/events</a> along with
other related information.
Dated: August 27, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-18967 Filed 9-1-21; 8:45 am]
BILLING CODE 6717-01-P
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