Notice2023-17469
Port Arthur Pipeline, LLC; Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed Louisiana Connector Pipeline Amendment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 15, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 156 (Tuesday, August 15, 2023)</title>
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[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Notices]
[Pages 55445-55451]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17469]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP23-513-000]
Port Arthur Pipeline, LLC; Notice of Scoping Period Requesting
Comments on Environmental Issues for the Proposed Louisiana Connector
Pipeline Amendment
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document that will discuss
the environmental impacts of the Louisiana Connector Pipeline
Amendment, which involves 38 modifications to the previously authorized
pipeline alignment, construction footprint, and installation methods
for the Louisiana Connector Project, which was approved by the
Commission on April 18, 2019, in docket no. CP18-7-000. Please note
that the previously approved Louisiana Connector Project is not under
re-consideration in this amendment. The Commission will use the
environmental document referred to in this notice in its decision-
making process to determine whether the 38 modifications proposed in
the amendment are in the public convenience and necessity.
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 important environmental issues. Additional information
about the
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Commission's NEPA process is described below in the NEPA Process and
Environmental Document section of this notice.
By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. 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 8, 2023. Comments may be
submitted in written form. Further details on how to submit comments
are provided in the Public Participation section of this notice.
Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts specifically related to the modifications proposed in the
amendment, which are detailed further below. Your input will help the
Commission staff determine what issues they need to evaluate in the
environmental document. Commission staff will consider all written
comments during the preparation of the environmental document.
This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
amendment and encourage them to comment on their areas of concern.
If you are a landowner receiving this notice, a Port Arthur
Pipeline, LLC (PAPL) representative may contact you about the
acquisition of an easement to construct, operate, and maintain the
proposed amended 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
amendment, 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
subsequently grant, exercise, or oversee the exercise of that eminent
domain authority. The courts have exclusive authority to handle eminent
domain cases; the Commission has no jurisdiction over these matters.
PAPL 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, Landowner Topics link.
Public Participation
There are three methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. 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#377152455478595b5e595264424747584543775152455419505841"><span class="__cf_email__" data-cfemail="40062532230f2e2c292e25133530302f323400262532236e272f36">[email protected]</span></a>.
(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 (CP23-
513-000) 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 which makes it easy to stay informed of all issuances and
submittals regarding the dockets/projects to which you subscribe. These
instant email notifications are the fastest way to receive notification
and provide a link to the document files which can reduce the amount of
time you spend researching proceedings. Go to <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a> to register for eSubscription.
The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#da958a8a9abcbfa8b9f4bdb5ac"><span class="__cf_email__" data-cfemail="69263939290f0c1b0a470e061f">[email protected]</span></a>.
Summary of the Proposed Amendment
The proposed amended facilities are specific to 38 locations in
Jefferson County, Texas and Cameron, Calcasieu, Beauregard, and Allen
Parishes, Louisiana (between milepost 0 in Jefferson County, Texas and
milepost 82.5 south of Reeves in Allen Parish, Louisiana), as detailed
below:
<bullet> modifications to pipeline routes, construction methods,
horizontal directional drill (HDD) entry points, and additional
temporary workspaces to accommodate landowner requests, to reduce
environmental impacts, to avoid newly identified non-PAPL pipelines, to
avoid new structures, or to allow for safer construction access;
<bullet> shifting of pipeline easements to allow the permanent
easements to abut other existing permanent easements;
<bullet> addition and modification of access roads for geotechnical
boring access and/or to allow better and safer access to the HDD drill
pad for construction and HDD inspection;
<bullet> modification of equipment and material storage areas and
staging areas to utilize areas that were recently and permanently
impacted by other parties;
<bullet> modification to water approaches to use existing boat
ramp/dock improvements;
<bullet> relocation of mainline valves to reduce the amount of
permanent right-of-way needed, to facilitate operations and
maintenance, to provide for safer access via road, and to allow access
to power and communications to comply with new and anticipated U.S.
Department of Transportation/Pipeline and Hazardous Materials Safety
Administration requirements;
<bullet> modification of three waterbody crossings methodologies
from open cut to an HDD as requested by the U.S. Army Corps of
Engineers;
<bullet> combine, in two locations, multiple HDDs into a single HDD
which would result in avoiding an open-cut crossing and eliminating an
HDD; and
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<bullet> modification of HDD alignments to avoid conflicts with
potential future deeper canal depths.
The general location of the project amendment 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. For assistance, contact FERC at
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="74323126373b1a181d1a11270104041b060034121106175a131b02">[email protected]</a> or call toll free, (886) 208-3676 or TTY
(202) 502-8659.
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Land Requirements for Construction
Construction of the amended facilities would result in a net
increase of approximately 20.9 acres of land as compared to what was
previously authorized (total of 2,827.9 acres of land, as compared to
2,807.0 acres). This net increase would be attributable to the
temporary workspace increases in open water and industrial/commercial
areas (31.3 acres and 17.6 acres, respectively), while being reduced in
residential and natural areas (i.e., wetlands, forests, and other open
land) by 28.1 acres. Wetland impacts would be reduced by 10.9 acres.
Operation of the modified facilities would permanently impact 20.8
acres less land (750.2 acres, as compared to 771.0 acres), most of
which is accounted for in the removal of permanent access roads.
NEPA Process and the Environmental Document
Any environmental document issued by the Commission will discuss
impacts that could occur as a result of the construction and operation
of the 38 modifications proposed in the amendment 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> environmental justice;
<bullet> air quality and noise; and
<bullet> reliability and safety.
Commission staff will also evaluate reasonable alternatives to the
proposed amendment or portions of the amendment and make
recommendations on how to lessen or avoid impacts on the various
resource areas. Your comments will help Commission staff identify and
focus on the issues that might have an effect on the human environment
and potentially eliminate others from further study and discussion in
the environmental document.
Following this scoping period, Commission staff will determine
whether to prepare an environmental assessment (EA) or an environmental
impact statement (EIS). The EA or the EIS will present Commission
staff's independent analysis of the issues. If Commission staff
prepares an EA, a Notice of Schedule for the Preparation of an
Environmental Assessment will be issued. The EA may be issued for an
allotted public comment period. The Commission would consider timely
comments on the EA before making its decision regarding the proposed
project amendment. If Commission staff prepares an EIS, a Notice of
Intent to Prepare an EIS/Notice of Schedule will be issued, which will
open up an additional comment period. Staff will then 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 EA or 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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With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project amendment to formally cooperate in
the preparation of the environmental document.\3\ 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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\3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Section 1501.8.
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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 Louisiana State Historic Preservation Office, and
to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\4\ The environmental document for this
project amendment 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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Environmental Mailing List
The environmental mailing list 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 landowners affected by the 38 proposed modifications (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 amendment 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 amendment.
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#a9eec8daf9dbc6c3cccadde8cdcddbccdadaeac1c8c7cecce9cfccdbca87cec6df"><span class="__cf_email__" data-cfemail="d99eb8aa89abb6b3bcbaad98bdbdabbcaaaa9ab1b8b7bebc99bfbcabbaf7beb6af">[email protected]</span></a> stating your
request. You must include the docket number CP23-513-000 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 amendment is available
from the Commission's Office of External Affairs, at (866) 208-FERC, or
on the FERC
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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. Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<a href="/cdn-cgi/l/email-protection#89cfecfbeac6e7e5e0e7ecdafcf9f9e6fbfdc9efecfbeaa7eee6ff"><span class="__cf_email__" data-cfemail="490f2c3b2a06272520272c1a3c3939263b3d092f2c3b2a672e263f">[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.
Any 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 9, 2023.
Kimberly D. Bose,
Secretary.
BILLING CODE 6717-01-P
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[FR Doc. 2023-17469 Filed 8-14-23; 8:45 am]
BILLING CODE 6717-01-C
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