Notice2022-03214

Venture Global CP2 LNG, LLC; Venture Global CP Express, LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed CP2 LNG and CP Express Project, Request for Comments on Environmental Issues, and Schedule for Environmental Review

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Published
February 15, 2022

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

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<title>Federal Register, Volume 87 Issue 31 (Tuesday, February 15, 2022)</title>
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[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8580-8583]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03214]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-21-000; Docket No. CP22-22-000]


Venture Global CP2 LNG, LLC; Venture Global CP Express, LLC; 
Notice of Intent To Prepare an Environmental Impact Statement for the 
Proposed CP2 LNG and CP Express 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 CP2 LNG and CP Express 
Project (Project) involving construction and operation of facilities by 
Venture Global CP2 LNG, LLC (CP2 LNG) and Venture Global CP Express, 
LLC (CP Express) in Jasper and Newton Counties, Texas and Calcasieu and 
Cameron Parishes, Louisiana. The Commission will use this EIS in its 
decision-making process to determine whether the Project is in the 
public interest. 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 an authorization. This gathering 
of public input is referred to as ``scoping.'' By notice issued on 
April 27, 2021 in Docket No. PF21-1-000, the Commission opened a 
scoping period during CP2 LNG and CP Express' planning process for the 
Project and prior to filing a formal application with the Commission, a 
process referred to as ``pre-filing.'' CP2 LNG and CP Express have 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 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 environmental document, including 
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 March 11, 2022. 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 May 27, 2021; however, 
Commission staff continued to accept comments during the entire pre-
filing process. Staff also held three virtual scoping sessions to take 
oral scoping comments. All substantive written and oral comments 
provided during pre-filing will be addressed in the EIS. Therefore, if 
you submitted comments on this Project to the Commission during the 
pre-filing process in Docket No. PF21-1-000, 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 pipeline 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.
    CP2 LNG and CP Express 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#96d0f3e4f5d9f8fafff8f3c5e3e6e6f9e4e2d6f0f3e4f5b8f1f9e0"><span class="__cf_email__" data-cfemail="e4a2819687ab8a888d8a81b79194948b9690a482819687ca838b92">[email&#160;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 also 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 (CP22-
21-000 and CP22-22-000) 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

[[Page 8581]]

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, Maryland 
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

    CP2 LNG plans to construct and operate a new 20 million tonnes per 
annum liquefied natural gas (LNG) export terminal in Cameron Parish, 
Louisiana. The liquefaction and storage facilities would be on the 
mainland, while the ship loading and associated facilities would be 
constructed on Monkey Island between Calcasieu Pass and the Calcasieu 
Ship Channel (collectively referred to as the LNG terminal).
    CP Express would construct and operate approximately 85 miles of 
new 48-inch-diameter natural gas pipeline originating in Jasper County, 
Texas and terminating at the proposed LNG terminal. In addition, a 6-
mile-long, 24-inch-diameter lateral pipeline and 187,000-horsepower 
(hp) Moss Lake Compressor Station would be constructed in Calcasieu 
Parish, Louisiana. The pipeline facilities would be capable of 
transporting 4 billion cubic feet of natural gas per day to the LNG 
terminal.
    CP2 LNG and CP Express would construct the Project in two phases; 
Phase 1 would consist of construction of the pipelines, 69,600-hp 
compression at the Moss Lake Compressor Station, the LNG terminal 
marine loading berths, and about half of the LNG terminal facilities. 
Phase 2 would consist of the remaining 117,400-hp compression at the 
compressor station and the remaining LNG terminal facilities.
    According to CP2 LNG, its Project would transport domestically 
produced natural gas for liquefaction, storage, and export to overseas 
markets. According to CP Express, its Project would create the firm 
transportation capacity needed to transport the quantity of feed gas 
required for the proposed LNG export operations from supply points to 
the LNG terminal facilities.
    The Project would consist of the following facilities:
    <bullet> A liquefaction plant consisting of 18 liquefaction blocks 
and support facilities, each with a nameplate capacity of 1.1 million 
tonnes per annum;
    <bullet> six pretreatment systems;
    <bullet> four 200,000 cubic meter full containment LNG storage 
tanks;
    <bullet> carbon capture and sequestration facilities;
    <bullet> a combined-cycle natural gas turbine power plant capable 
of generating 1,440 megawatts;
    <bullet> two LNG loading docks;
    <bullet> two marine berths capable of receiving ocean-going LNG 
carriers;
    <bullet> two 42-inch outside diameter cryogenic LNG transfer lines, 
one boil-off-gas pipeline, and one utility line connecting the marine 
facilities on Monkey Island to the mainland LNG terminal site;
    <bullet> one 85.4-mile-long, 48-inch-diameter natural gas pipeline;
    <bullet> one 6.0-mile-long, 24-inch-diameter natural gas lateral 
pipeline;
    <bullet> one new 187,000-hp compressor station near Moss Lake, 
Louisiana;
    <bullet> five meter stations at interconnects with existing 
pipelines;
    <bullet> a gas gate station within the LNG terminal site; and
    <bullet> other appurtenant facilities.
    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="d69093849599b8babfb8b385a3a6a6b9a4a296b0b3a4b5f8b1b9a0">[email&#160;protected]</a> or call toll free, (886) 208-3676 
or TTY (202) 502-8659.
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    Based on the environmental information provided by CP2 LNG and CP 
Express, construction of the proposed facilities would disturb about 
737.3 acres for the LNG terminal and 1,724.3 acres of land for the 
pipeline and associated aboveground facilities. Following construction, 
CP2 LNG and CP Express would maintain about 645.4 acres for operation 
of the LNG terminal and 606.6 acres for operation of the pipeline and 
associated aboveground facilities. CP2 LNG and CP Express would restore 
the remaining acreage to former uses. About 44 percent of the proposed 
pipeline route parallels existing pipeline, utility, or road rights-of-
way.
    Based on an initial review of CP2 LNG and CP Express' proposal and 
public comments received during the pre-filing process, Commission 
staff have identified several expected impacts that deserve attention 
in the EIS. Construction and operation of the LNG terminal and marine 
facilities would result in impacts on waterbodies and wetlands due to 
crossings, permanent fill, and dredging, as well as impacts on visual 
resources, noise and air quality. The Project pipeline and associated 
aboveground facilities would result in impacts on waterbodies, 
wetlands, cropland, and forested land, as well as noise and air 
quality. In addition to these Project impacts, landowners along the 
route may also be affected by construction and operation of other 
proposed residential, road improvement, and utility projects. We have 
identified five environmental justice communities that could be 
affected by the Project. Individuals within these communities have been 
included on the Commission's environmental mailing list for the 
Project, as further explained in the Environmental Mailing List section 
of this notice.

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> socioeconomics and environmental justice populations;
    <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. The U.S. Department of Energy, U.S. Department of 
Transportation, U.S. Coast Guard, U.S. Army Corps of Engineers, and 
National Marine Fisheries Service are cooperating agencies in the 
preparation of the EIS.\2\ 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,

[[Page 8582]]

before issuing a final EIS. Any draft and final EIS will be available 
in electronic format in the public record through eLibrary \3\ 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\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40 Code of Federal 
Regulations (CFR), Section 1501.8. (2021).
    \3\ 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.\4\ Alternatives currently under consideration include:
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    \4\ 40 CFR 1508.1(z).
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    <bullet> The no-action alternative, meaning the Project is not 
implemented;
    <bullet> LNG terminal site alternatives;
    <bullet> pipeline system alternatives;
    <bullet> pipeline route alternatives; and
    <bullet> compressor station aboveground facility site alternatives.
    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 April 27, 2021, with the applicable 
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.\5\ 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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    \5\ 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 December 16, 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 the final EIS for the Project, which is based on an 
issuance of the draft EIS in July 2022.

Issuance of Notice of Availability of the final EIS--February 10, 2023
90-day Federal Authorization Decision Deadline \6\--May 11, 2023
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    \6\ 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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                 Agency                               Permit
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FERC...................................  Section 3 of the Natural Gas
                                          Act.
                                         Section 7 of the Natural Gas
                                          Act.
U.S. Department of Energy..............  Authorization to export LNG by
                                          vessel to Free Trade Agreement
                                          (FTA) and non-FTA nations.
U.S. Army Corps of Engineers...........  Section 404 of the Clean Water
                                          Act.
                                         Section 10 of the Rivers and
                                          Harbors Act.
U.S. Fish and Wildlife Service.........  Section 7 of the Endangered
                                          Species Act Consultation.
National Marine Fisheries Service......  Section 7 of the Endangered
                                          Species Act Consultation.
                                         Magnuson-Stevens Fishery
                                          Conservation Management Act
                                          Consultation.
                                         Marine Mammal Protection Act
                                          Consultation.
Louisiana Department of Environmental    Title V and Prevention of
 Quality.                                 Significant Deterioration of
                                          the Clean Air Act.
                                         Section 401 Water Quality
                                          Certification.
Railroad Commission of Texas...........  Section 401 Water Quality
                                          Certification.
Louisiana Department of Natural          Coastal Use Permit.
 Resources.
Louisiana Department of Culture,         Section 106 of the National
 Recreation, and Tourism.                 Historic Preservation Act.
Texas Historical Commission............  Section 106 of the National
                                          Historic Preservation Act.
Federal Aviation Administration........  Notice of Proposed Construction
                                          or Alteration of Navigable
                                          Airspace.
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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

[[Page 8583]]

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#c483a5b794b6abaea1a7b085a0a0b6a1b7b787aca5aaa3a184a2a1b6a7eaa3abb2"><span class="__cf_email__" data-cfemail="763117052604191c13150237121204130505351e17181113361013041558111900">[email&#160;protected]</span></a> stating your 
request. You must include the docket number CP22-21-000 and CP22-22-000 
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., 
CP22-21 and CP22-22). Be sure you have selected an appropriate date 
range. For assistance, please contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#feb89b8c9db1909297909bad8b8e8e918c8abe989b8c9dd0999188"><span class="__cf_email__" data-cfemail="7e381b0c1d31101217101b2d0b0e0e110c0a3e181b0c1d50191108">[email&#160;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: February 9, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-03214 Filed 2-14-22; 8:45 am]
BILLING CODE 6717-01-P


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Indexed from Federal Register on February 15, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.