Notice2021-22378
Texas Gas Transmission, LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Henderson County Expansion Project, Request for Comments on Environmental Issues, and Schedule for Environmental Review
Primary source
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Published
October 14, 2021
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 86 Issue 196 (Thursday, October 14, 2021)</title>
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[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Pages 57130-57133]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22378]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP21-467-000]
Texas Gas Transmission, LLC; Notice of Intent To Prepare an
Environmental Impact Statement for the Proposed Henderson County
Expansion 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 Henderson County
Expansion Project (Project) involving construction and operation of
facilities by Texas Gas Transmission, LLC (Texas Gas) in Henderson and
Webster Counties, Kentucky and Posey and Johnson Counties, Indiana. The
Commission will use the EIS in its decision-making process to determine
whether Texas Gas'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 July 29, 2021, in Docket No.
CP21-467-000, the Commission opened a scoping period for the Project.
Commission staff intends to prepare an EIS that will address the
concerns raised during the initial scoping process and comments
received in response to this notice.
By this notice, the Commission requests public comments on the
scope of issues to address in the EIS, including comments on potential
alternatives and impacts, and any relevant information, studies, or
analyses of any kind concerning impacts affecting the quality
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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
November 8, 2021. Further details on how to submit comments are
provided in the Public Participation section of this notice.
As mentioned above, the Commission opened a scoping period which
expired on August 30, 2021. All substantive comments provided during
the initial scoping session will be addressed in the EIS. Therefore, if
you previously submitted comments on this Project to the Commission 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.
Texas Gas 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#591f3c2b3a16373530373c0a2c2929362b2d193f3c2b3a773e362f"><span class="__cf_email__" data-cfemail="783e1d0a1b37161411161d2b0d0808170a0c381e1d0a1b561f170e">[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-
467-000) 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
Texas Gas proposes to construct and operate a new lateral and meter
and regulator (M&R) station, upgrade an existing M&R station, and
modify and add compression to Texas Gas' existing Slaughters Compressor
Station. The Henderson County Expansion Project would provide up to 220
million standard cubic feet of natural gas per day to Southern Indiana
Gas and Electric Company d/b/a CenterPoint Energy Indiana South
(CenterPoint) at its existing AB Brown Generating Station in Posey
County, Indiana. According to Texas Gas, its Project would support
CenterPoint's retirement of four existing coal-fired units and
implementation of new intermittent renewable resources (i.e., solar and
wind) by providing the reliability of intermittent natural gas service
during natural fluctuations in wind and solar availability.
The Henderson County Expansion Project would consist of the
following facilities:
<bullet> Henderson County Lateral--Construction of an approximately
24-mile-long, 20-inch-diameter natural gas transmission pipeline
extending from a new tie-in facility in Henderson County, Kentucky to
the new AB Brown M&R Station in Posey County, Indiana.
<bullet> AB Brown M&R Station and Point of Demarcation Site (Posey
County, Indiana)--Construction of a delivery M&R station, receiver
facility, and a 0.08-mile-long, 16-inch-diameter interconnecting
pipeline terminating at the new Point of Demarcation Site which would
serve as CenterPoint's tie-in for project facilities for its AB Brown
Plant.
<bullet> Slaughters Compressor Station (Webster County, Kentucky)--
Installation of a new 4,863-horsepower Solar Centaur 50 turbine
compressor unit with piping modifications and other appurtenant
facilities, abandonment in place of the existing Compressor Unit 5, and
placement on standby of existing Compressor Units 6 and 7.
<bullet> New ancillary facilities including a main line valve and
tie-in facility in Henderson County, Kentucky and upgrades to an
existing M&R station in Johnson County, Indiana.
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="8fc9caddccc0e1e3e6e1eadcfaffffe0fdfbcfe9eafdeca1e8e0f9">[email protected]</a> or call toll free, (886) 208-3676
or TTY (202) 502-8659.
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Based on environmental information provided by the Company,
construction of the proposed facilities would disturb about 402 acres
of land for the aboveground facilities and the pipeline. Following
construction, Texas Gas would maintain about 152 acres for permanent
operation of the Project's facilities; the remaining acreage would be
restored and revert to former uses. About 47.5 percent of the proposed
pipeline route parallels existing pipeline, utility, or road rights-of-
way.
Based on an initial review of Texas Gas's proposal and public
comments received during scoping, Commission staff have identified
expected impacts
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that deserve attention in the EIS. These include: 2.29 acres of wetland
disturbance; 110 waterbody crossings (71 ephemeral streams, 21
perennial streams, 17 intermittent streams, and 1 natural pond); visual
impacts, greenhouse gas emissions, and potential impacts on wildlife
management areas, special status species, environmental justice
communities, and air quality.
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> 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\ Alternatives currently under consideration include:
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\3\ 40 CFR 1508.1(z).
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<bullet> The no-action alternative, meaning the Project is not
implemented; and
<bullet> a system alternative evaluating whether the Project
purpose could be met by use of an existing pipeline system.
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 and
pipeline routes) 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 July 29, 2021, with the State
Historic Preservation Offices, 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 July 9, 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 NEPA document 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 April 2022.
Issuance of Notice of Availability of the final EIS-- August 25, 2022
90-day Federal Authorization Decision Deadline \5\--November 23, 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.
Environmental Permits, Approvals, and Consultations
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Agency Permit/approval/consultation
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Federal Energy Regulatory Certificate of Public Convenience
Commission. and Necessity under Section 7(c)
of the Natural Gas Act.
U.S. Army Corps of Engineers-- Clean Water Act 404, Nationwide
Louisville City District. Permit 12.
U.S. Fish and Wildlife Service-- Endangered Species Act--Section 7
Kentucky Ecological Services Field Consultation, Migratory Bird
Office. Treaty Act, Bald Eagle and Golden
Eagle Protection Act.
U.S. Fish and Wildlife Service--
Bloomington Ecological Services
Field Office.
Kentucky Energy and Environment Section 401 Water Quality
Cabinet--Department of Certification.
Environmental Protection.
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Indiana Department of Environmental
Management (IDEM).
Kentucky Heritage Council.......... National Historic Preservation Act,
Section 106 Consultation.
Indiana Division of Historic
Preservation.
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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; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. 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#82c5e3f1d2f0ede8e7e1f6c3e6e6f0e7f1f1c1eae3ece5e7c2e4e7f0e1ace5edf4"><span class="__cf_email__" data-cfemail="3077514360425f5a555344715454425543437358515e575570565542531e575f46">[email protected]</span></a> stating your
request. You must include the docket number CP21-467-000 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, excluding the last three digits (i.e.,
CP21-467). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<a href="/cdn-cgi/l/email-protection#6b2d0e190824050702050e381e1b1b04191f2b0d0e1908450c041d"><span class="__cf_email__" data-cfemail="094f6c7b6a46676560676c5a7c7979667b7d496f6c7b6a276e667f">[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: October 7, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-22378 Filed 10-13-21; 8:45 am]
BILLING CODE 6717-01-P
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