Notice2023-18644
Rio Bravo Pipeline Company, LLC; Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed Rio Bravo Pipeline Route Amendment
Primary source
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Published
August 30, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)</title>
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[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59896-59899]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18644]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP23-519-000]
Rio Bravo Pipeline Company, LLC; Notice of Scoping Period
Requesting Comments on Environmental Issues for the Proposed Rio Bravo
Pipeline Route 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 Rio Bravo Pipeline Route Amendment
(Route Amendment), which involves four minor route adjustments to the
previously authorized pipeline alignment, as well as a pipe thickness
design modification to use an alternative maximum allowable operating
pressure (MAOP) calculation, as compared to the previously authorized
Rio Bravo Pipeline Project, which was approved by the Commission on
November 22, 2019, in Docket No. CP16-455-000.\1\ Please note that the
previously approved Rio Bravo Pipeline Project and Rio Bravo Pipeline
Project Amendment are not under re-consideration in this Route
Amendment. The Commission will use the environmental document referred
to in this notice in its decision-making process to determine whether
the four minor route adjustments and alternative MAOP proposed in the
Route Amendment are in the public convenience and necessity.
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\1\ The Rio Bravo Pipeline Project was amended, as approved by
the Commission on April 21, 2023, in docket no. CP20-481-000.
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This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the Route Amendment. 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
[[Page 59897]]
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 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 22, 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 Route
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 Route Amendment. State and local government
representatives should notify their constituents of this proposed Route
Amendment and encourage them to comment on their areas of concern.
If you are a landowner receiving this notice, a Rio Bravo Pipeline
Company, LLC (Rio Bravo) representative may contact you about the
acquisition of an easement to construct, operate, and maintain the
facilities proposed in the Route Amendment. 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 Route 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.
Rio Bravo 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#21674453426e4f4d484f44725451514e535561474453420f464e57"><span class="__cf_email__" data-cfemail="6b2d0e190824050702050e381e1b1b04191f2b0d0e1908450c041d">[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-
519-000) 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#db948b8b9bbdbea9b8f5bcb4ad"><span class="__cf_email__" data-cfemail="88c7d8d8c8eeedfaeba6efe7fe">[email protected]</span></a>.
Summary of the Proposed Route Amendment
The four proposed route adjustments are specific to Willacy and
Cameron Counties, Texas, as detailed below:
<bullet> adjust the certificated route between approximate milepost
(MP) 69.8 to approximate MP 79.4 in Willacy County to conform to the
U.S. Fish and Wildlife Service's Biological Opinion issued for the Rio
Bravo Pipeline Project and to minimize impacts on potential ocelot
habitat (the ``U.S. Fish and Wildlife Service Route Adjustment'');
<bullet> adjust the certificated route between approximate MP 92.4
and MP 93.0 in Willacy County to accommodate requirements of the
International Boundary and Water Commission and landowner requests (the
``North Floodway Route Adjustment'');
<bullet> adjust the certificated route between approximate MP 99.7
and MP 100.5 in Willacy and Cameron Counties to accommodate a landowner
request (the ``Arroyo Colorado Route Adjustment'');
<bullet> relocate a meter station and extend the approved Rio Bravo
Pipeline route approximately 0.6 mile in Cameron County from the
currently certificated terminus site to the meter station within the
fence line of the approved Rio Grande LNG Terminal site (the ``Terminus
Adjustment'');
<bullet> modify the design (pipe wall thickness) of a majority of
the route located in Class 1 areas to use an ``alternative MAOP,''
which would maintain the currently authorized MAOP of 1,825 pounds per
square inch gauge, decrease the pipe wall thickness of the 48-inch-
diameter pipeline from 0.87 inch to 0.78 inch, decrease the pipe wall
thickness of the 42-inch-diameter
[[Page 59898]]
pipeline from 0.761 inch to 0.682 inch, and change the pipeline design
factor from 0.72 to 0.80, each as consistent with and approved by the
U.S. Department of Transportation's Pipeline and Hazardous Materials
Safety Administration regulations specified in title 49 of the Code of
Federal Regulations Part 192.620; and
<bullet> increase the proposed wall thickness of the pipeline
system for certain Class 2 areas and bore locations.
The general locations of the Route Amendment facilities are 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. For assistance, contact FERC at
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="a4e2e1f6e7ebcac8cdcac1f7d1d4d4cbd6d0e4c2c1d6c78ac3cbd2">[email protected]</a> or call toll free, (886) 208-3676 or TTY
(202) 502-8659.
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Land Requirements for Construction
Commission staff is currently assessing the relative increases and/
or decreases in impacts on land that would result from the Route
Amendment compared to the project as certificated. Apart from the four
discrete route adjustment locations, the Rio Bravo Pipeline facilities
and activities will be located and constructed within workspaces as
reflected in FERC's final EIS issued under Docket No. CP16-454-000, as
updated in the Amendment EA issued under Docket No. CP20-481-000.
According to Rio Bravo, the Route Amendment would affect less wetland,
forest land, and prime farmland soil acreage compared to the project as
currently authorized.
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 four route adjustment locations proposed in the Route 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 Route Amendment or portions of the Route 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
Route 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 \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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\3\ 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 Route Amendment to formally cooperate in
the preparation of the environmental document.\4\ 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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\4\ 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 Texas State Historic Preservation Office, and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project amendment's potential
effects on historic properties.\5\ The environmental document for this
Route Amendment 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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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 four
proposed route adjustment locations (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 Route 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 Route 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#91d6f0e2c1e3fefbf4f2e5d0f5f5e3f4e2e2d2f9f0fff6f4d1f7f4e3f2bff6fee7"><span class="__cf_email__" data-cfemail="df98beac8fadb0b5babcab9ebbbbadbaacac9cb7beb1b8ba9fb9baadbcf1b8b0a9">[email protected]</span></a> stating your
request. You must include the docket number CP23-519-000 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
[[Page 59899]]
(2) Return the attached ``Mailing List Update Form'' (appendix 2).
Additional Information
Additional information about the Route Amendment 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. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at <a href="/cdn-cgi/l/email-protection#a9efccdbcae6c7c5c0c7ccfadcd9d9c6dbdde9cfccdbca87cec6df"><span class="__cf_email__" data-cfemail="fcba998e9fb39290959299af898c8c938e88bc9a998e9fd29b938a">[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 23, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-18644 Filed 8-29-23; 8:45 am]
BILLING CODE 6717-01-P
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