Notice2022-25465
Transcontinental Gas Pipe Line Company, LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Texas to Louisiana Energy Pathway Project, Request for Comments on Environmental Issues, Notice of Public Scoping Session, and Schedule for Environmental Review
Primary source
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Published
November 23, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 87 Issue 225 (Wednesday, November 23, 2022)</title>
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[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71596-71601]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25465]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP22-495-000]
Transcontinental Gas Pipe Line Company, LLC; Notice of Intent To
Prepare an Environmental Impact Statement for the Proposed Texas to
Louisiana Energy Pathway Project, Request for Comments on Environmental
Issues, Notice of Public Scoping Session, 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 Texas to Louisiana Energy
Pathway Project (Project) involving construction and operation of
facilities by Transcontinental Gas Pipe Line Company, LLC (Transco) in
Fort Bend and Hardin Counties, Texas. The Commission will use this EIS
in its decision-making process to determine whether the 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.
This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. 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 from its action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity. This
gathering of public input is referred to as ``scoping.'' The main goal
of the scoping process is to focus the analysis in the environmental
document on the
[[Page 71597]]
important environmental issues. Additional information about the
Commission's NEPA process is described below in the NEPA Process and
the EIS section of 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 December 16, 2022. Comments may be submitted
in written or oral form. Further details on how to submit comments are
provided in the Public Participation section of this notice.
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.
Transco 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>)
at the Landowner Topics link.
Public Participation
There are four 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#5e183b2c3d11303237303b0d2b2e2e312c2a1e383b2c3d70393128"><span class="__cf_email__" data-cfemail="3e785b4c5d71505257505b6d4b4e4e514c4a7e585b4c5d10595148">[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 also 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'';
(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-
495-000) 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, Maryland 20852; and
(4) In lieu of sending written comments, the Commission invites you
to attend the public scoping session its staff will conduct in the
project area, scheduled as follows:
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Date and time Location
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Thursday, December 15, 2022, 5:00 p.m.- George Memorial Library,
8:00 p.m. 1001 Golfview Drive,
Richmond, Texas, (281) 341-
2605.
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The primary goal of these scoping sessions is to have you identify
the specific environmental issues and concerns that should be
considered in the environmental document. Individual oral comments will
be taken on a one-on-one basis with a court reporter. This format is
designed to receive the maximum amount of oral comments in a convenient
way during the timeframe allotted.
The scoping session is scheduled from 5:00 p.m. to 8:00 p.m.
Central Time Zone. You may arrive at any time after 5:00 p.m. There
will not be a formal presentation by Commission staff when the session
opens. If you wish to speak, the Commission staff will hand out numbers
in the order of your arrival. Comments will be taken until 8:00 p.m.
However, if no additional numbers have been handed out and all
individuals who wish to provide comments have had an opportunity to do
so, staff may conclude the session at 7:30 p.m. Please see appendix 2
for additional information on the session format and conduct.\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="55131007161a3b393c3b30062025253a272115333027367b323a23">[email protected]</a> or call toll free, (886) 208-3676
or TTY (202) 502-8659.
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Your scoping comments will be recorded by a court reporter (with
FERC staff or representative present) and become part of the public
record for this proceeding. Transcripts will be publicly available on
FERC's eLibrary system (see the last page of this notice for
instructions on using eLibrary). If a significant number of people are
interested in providing oral comments in the one-on-one settings, a
time limit of 5 minutes may be implemented for each commentor. Although
there will not be a formal presentation, Commission staff will be
available throughout the scoping session to answer your questions about
the environmental review process.
It is important to note that the Commission provides equal
consideration to all comments received, whether filed in written form
or provided orally at a scoping session.
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
Transco proposes to construct and operate one new compressor
station and modify one existing compressor station. The Project would
increase the firm capacity of the system from 171,400 dekatherms per
day (Dth/day) to 364,400 Dth/day. According to Transco,
[[Page 71598]]
its Project would provide year-round firm transportation capacity on
Transco's mainline from the Valley Crossing Interconnection to the
Station 65 Pooling Point.
The Project would consist of the following facilities:
<bullet> construction of a new 15,900-horsepower compressor station
in Fort Bend County, Texas, consisting of a natural gas-fired turbine-
driven compression unit with cooling (Compressor Station 33);
<bullet> modification of six existing compressors at Compressor
Station 40 in Hardin County, Texas, to accommodate new flow conditions
resulting from the Project; and
<bullet> programming updates (not involving the installation of any
facilities or any ground disturbance) at existing Compressor Station 23
in Victoria County, Texas, to allow for enhanced system operation in
the northbound direction.
The general location of the Project facilities is shown in appendix
1.\2\
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\2\ 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="98deddcadbd7f6f4f1f6fdcbede8e8f7eaecd8fefdeafbb6fff7ee">[email 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 Transco,
construction of the proposed facilities would disturb about 72 acres of
land for the aboveground facilities. Following construction, Transco
would maintain about 17 acres for operation of the proposed new Project
facilities; the remaining acreage would be restored and revert to
former uses. During construction of the aboveground facility, the
temporary workspace would be utilized for contractor staging areas. No
off-site contractor yards or staging areas would be required for
construction of the Project. Existing public roads would be used to
access the proposed compressor station site, and no new temporary or
permanent access roads are proposed.
Based on an initial review of Transco's proposal, Commission staff
have identified several expected impacts that deserve attention in the
EIS. The Project would result in impacts on air quality resulting from
construction and operational emissions of greenhouse gases, and
potentially from downstream emissions resulting from the increased firm
capacity of the system. Additionally, the Project is within one
environmental justice community and is within 0.5 mile of another
environmental justice community. Only agricultural land would be
impacted by the Project. It is not anticipated that the Project would
impact waterbodies, wetlands, or archeological sites.
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 and environmental justice;
<bullet> land use;
<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. As of the date of this notice, there are no cooperating
agencies in the preparation of the EIS.\3\ 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 \4\ 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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\3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at title 40 Code of Federal
Regulations (CFR), section 1501.8. (2021).
\4\ 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.\5\ Alternatives currently under consideration include:
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\5\ 40 CFR 1508.1(z).
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<bullet> the no-action alternative, meaning the Project is not
implemented;
<bullet> system alternatives, including alternative system
configurations, pipeline loops, and alternative compression
configurations; and
<bullet> site location alternatives for the new compressor station.
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 is using this notice to initiate
consultation with the applicable State Historic Preservation Office(s),
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.\6\ 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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\6\ 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 August 23, 2022, 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 June
2023.
Issuance of Notice of Availability of the final EIS November 30, 2023
[[Page 71599]]
90-day Federal Authorization Decision Deadline \7\ February 28, 2024
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\7\ 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/consultation
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FERC.............................. Certificate of Public Convenience
and Necessity.
U.S. Fish and Wildlife Service.... Section 7 of the Endangered Species
Act; Migratory Bird Treaty Act; and
Bald and Golden Eagle Protection
Act.
Texas Historical Commission....... National Historic Preservation Act
(NHPA) Section 106 Cultural
Resources Review.
U.S. Army Corps of Engineers Clean Water Act, water quality
(delegated to Texas Commission on certification.
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; 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#0f486e7c5f7d60656a6c7b4e6b6b7d6a7c7c4c676e61686a4f696a7d6c21686079"><span class="__cf_email__" data-cfemail="e9ae889ab99b86838c8a9da88d8d9b8c9a9aaa8188878e8ca98f8c9b8ac78e869f">[email protected]</span></a> stating your
request. You must include the docket number CP22-495-000 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., CP22-495). Be sure you have
selected an appropriate date range. For assistance, please contact FERC
Online Support at <a href="/cdn-cgi/l/email-protection#b7f1d2c5d4f8d9dbded9d2e4c2c7c7d8c5c3f7d1d2c5d499d0d8c1"><span class="__cf_email__" data-cfemail="15537067765a7b797c7b70466065657a676155737067763b727a63">[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: November 16, 2022.
Kimberly D. Bose,
Secretary.
Appendix 1
BILLING CODE 6717-01-P
[[Page 71600]]
[GRAPHIC] [TIFF OMITTED] TN23NO22.175
[[Page 71601]]
Appendix 2
Session Format
FERC is conducting the session to solicit your scoping comments.
There will not be a formal presentation by Commission staff;
however, FERC staff is available to answer questions about the
environmental review process. The session format is as follows:
<bullet> Tickets are handed out on a ``first come, first serve''
basis starting at the time listed in the Notice.
<bullet> Individuals are called in ticket number order to
provide oral comments to be transcribed by a court reporter for the
public record.
<bullet> Time limits on oral comments may be enforced to ensure
that all those wishing to comment have the opportunity to do so
within the designated session time.
<bullet> Written comments may be submitted in addition to, or in
lieu of, oral comments.
<bullet> Additional materials about FERC and the environmental
review process are available at information stations at the session.
Session Conduct
Proper conduct will help the sessions maintain a respectful
atmosphere for attendees to learn about the FERC Environmental
Review Process and to be able to provide comments effectively.
<bullet> Loudspeakers, lighting, oversized visual aids, or other
visual or audible disturbances are not permitted.
<bullet> Disruptive video and photographic equipment may not be
used.
<bullet> Conversations should be kept to a reasonable volume.
Attendees should be respectful of those providing oral comments to
the court reporters.
<bullet> Recorded interviews are not permitted within the
session space.
FERC reserves the right to end the session if disruptions
interfere with the opportunity for individuals to provide oral
comments or if there is a safety or security risk.
Appendix 3
MAILING LIST UPDATE FORM
Texas to Louisiana Energy Pathway Project
Name-------------------------------------------------------------------
Agency-----------------------------------------------------------------
Address----------------------------------------------------------------
City-------------------------------------------------------------------
State------------------------------------------------------------------
Zip Code---------------------------------------------------------------
[square] Please update the mailing list
[square] Please remove my name from the mailing list
FROM-------------------------------------------------------------------
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ATTN: OEP--Gas 1, PJ--11.1
Federal Energy Regulatory Commission
888 First Street NE
Washington, DC 20426
(Docket No. CP22-495, Texas to Louisiana Energy Pathway Project)
Staple or Tape Here
[FR Doc. 2022-25465 Filed 11-22-22; 8:45 am]
BILLING CODE 6717-01-C
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