Notice2024-16530
ANR Pipeline Company; Notice of Scoping Period Requesting Comments on Environmental Issues for the Planned Heartland Project, and Notice of Public Scoping Session
Primary source
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Published
July 26, 2024
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 89 Issue 144 (Friday, July 26, 2024)</title>
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[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Notices]
[Pages 60612-60616]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16530]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. PF24-3-000]
ANR Pipeline Company; Notice of Scoping Period Requesting
Comments on Environmental Issues for the Planned Heartland Project, and
Notice of Public Scoping Session
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document that will discuss
the environmental impacts of the Heartland Project involving
construction and operation of facilities by ANR Pipeline Company (ANR)
in Bureau, Kendall, Kane, McHenry, and
[[Page 60613]]
Will Counties, Illinois; Brown, Racine, Sheboygan, Waukesha, and
Winnebago Counties, Wisconsin; and Iron County, Michigan. The
Commission will use this environmental document in its decision-making
process to determine whether the project is 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 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 August 21, 2024. 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.
Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission staff determine what
issues they need to evaluate in the environmental document. Commission
staff will consider all written or oral comments during the preparation
of the environmental document.
If you submitted comments on this project to the Commission before
the opening of this docket on March 28, 2024, you will need to file
those comments in Docket No. PF24-3-000 to ensure they are considered.
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 planned
project and encourage them to comment on their areas of concern.
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 planned 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 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.
A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' 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 five 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#b0f6d5c2d3ffdedcd9ded5e3c5c0c0dfc2c4f0d6d5c2d39ed7dfc6"><span class="__cf_email__" data-cfemail="8ccae9feefc3e2e0e5e2e9dff9fcfce3fef8cceae9feefa2ebe3fa">[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 (PF24-3-
000) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Debbie-Anne A. Reese, Acting Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
(4) In lieu of sending written comments, the Commission invites you
to attend one of the public scoping sessions its staff will conduct in
the project area, scheduled as follows:
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Date and time Location
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Tuesday, August 6, 2024, 4:00-6:30 p.m. Yorkville Public Library, 902
Central Daylight Time. Game Farm Road, Yorkville,
Illinois 60560, (630) 553-
4354.
Wednesday, August 7, 2024, 5:00-7:00 Pittsfield Community Center,
p.m. Central Daylight Time. 4862 Kunesh Road, Green Bay,
Wisconsin 54313, (920) 865-
7630.
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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 in Yorkville, Illinois is scheduled from 4:00
p.m. to 6:30 p.m. Central Daylight Time and the session in Green Bay,
Wisconsin is scheduled from 5:00 p.m. to 7:00 p.m. Central Daylight
Time. You may arrive
[[Page 60614]]
at any time after the scheduled start time. 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 6:30 p.m. in Yorkville, Illinois
and 7:00 p.m. in Green Bay, Wisconsin. 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 up to 30 minutes prior to the scheduled end time. Please see
appendix 1 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. For
assistance, contact FERC at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="80c6c5d2c3cfeeece9eee5d3f5f0f0eff2f4c0e6e5f2e3aee7eff6">[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.
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. 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. Representatives from ANR will also be present to answer
project-specific questions.
(5) For your convenience, the Commission also invites you to attend
a virtual public scoping session its staff will conduct by telephone,
scheduled as follows:
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Date and time
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Monday, August 12, 2024; Time: 4:00 p.m. Central Daylight Time. Call in
number: (888) 810-4938. Participant passcode: 2443865.
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Note that the scoping session will start at 4:00 p.m. and will end
once all participants wishing to comment have had the opportunity to do
so, or at 6:00 p.m., whichever comes first. Individual oral comments
will be taken one at a time with a court reporter present on the line.
There will be a brief introduction by Commission staff when the
session opens, so please attempt to call in at the beginning of the
session. All participants will be able to hear the comments provided by
other participants; however, all lines will remain closed during the
comments of others and then opened one at a time for providing
comments. Once you call in, the operator will provide directions on how
to indicate you would like to provide a comment. A time limit of 5
minutes may be implemented for each commentor.
Your oral comments will be recorded by the court reporter and
become part of the public record for this proceeding. Transcripts of
all comments received during the scoping session(s) will be publicly
available on FERC's eLibrary system (see the last page of this notice
for instructions on using eLibrary).
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#d996898999bfbcabbaf7beb6af"><span class="__cf_email__" data-cfemail="e6a9b6b6a680839485c8818990">[email protected]</span></a>.
Summary of the Planned Project
ANR plans to construct and operate 67.3 miles of pipeline loop,\2\
three new compressor and two new meter stations, uprate one existing
compressor station, upgrade and expand four existing meter stations,
replace and upsize 1.5 miles of existing pipeline, and construct or
modify other existing minor appurtenant facilities. The Heartland
Project is designed to expand ANR's pipeline system to provide 473,000
dekatherms per day of incremental firm transportation capacity.
According to ANR, its project would accommodate growing firm
transportation demand driven by changes in the resource adequacy
requirements for seasonal power generation within the Midwest
Independent System Operator region and economic development in the
midwestern U.S.
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\2\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
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The Heartland Project would consist of the following facilities:
<bullet> 48.2 miles of 36-inch-diameter Wisconsin Loop Line 3-301
(PL-1);
<bullet> 11 miles of 42-inch-diameter Southwest Loop Line 2-100
(PL-2);
<bullet> the replacement of 1.5 miles of the existing 18-inch- and
22-inch-diameter pipeline (PL-3);
<bullet> 8.1 miles of 12-inch-diameter Two River Lateral Loop 2-380
(PL-4);
<bullet> three new compressor stations (Westfield, Laraway, and
Pulaski compressor stations);
<bullet> uprate the existing Sandwich Compressor Station;
<bullet> two new meter stations (Westfield and Laraway meter
stations); and
<bullet> the upgrade and expansion of four existing meter stations
(Fortune Lake, Rochester, Sheboygan Falls, and Menasha meter stations).
The general location of the project facilities is shown in appendix
2.
Land Requirements for Construction
Construction of the planned facilities would disturb about 1,312.3
acres of land for the aboveground facilities and the pipeline.
Following construction, ANR would maintain about 544.7 acres for
permanent operation of the project's facilities; the remaining acreage
would be restored. About 85 percent of the planned pipeline route
parallels existing pipeline.
NEPA Process and the Environmental Document
Any environmental document issued by Commission staff will discuss
impacts that could occur as a result of the construction and operation
of the planned 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;
<bullet> environmental justice;
<bullet> air quality and noise;
<bullet> cumulative impacts;
<bullet> reliability and safety; and
<bullet> climate change.
Commission staff will also evaluate reasonable alternatives to the
planned
[[Page 60615]]
project or portions of the project 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.
Although no formal application has been filed, Commission staff
have already initiated a NEPA review under the Commission's pre-filing
process. The purpose of the pre-filing process is to encourage early
involvement of interested stakeholders and to identify and resolve
issues before the Commission receives an application. As part of the
pre-filing review, Commission staff will contact federal and state
agencies to discuss their involvement in the scoping process and the
preparation of the environmental document.
If a formal application is filed, Commission staff will then
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 environmental 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 determination on
the proposed project. If Commission staff prepares an EIS, a Notice of
Intent to Prepare an EIS/Notice of Schedule will be issued once an
application is filed, which will open an additional public comment
period. Staff will then prepare a draft EIS that 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 related to this project 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, part 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 applicable State Historic Preservation Office(s),
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.\5\ The environmental document for this
project will document our 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 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 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 planned project.
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#f2b59381a2809d98979186b3969680978181b19a939c9597b294978091dc959d84"><span class="__cf_email__" data-cfemail="773016042705181d12140336131305120404341f16191012371112051459101801">[email protected]</span></a> stating your
request. You must include the docket number PF24-3-000 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 3).
Becoming an Intervenor
Once ANR files its application with the Commission, you may want to
become an ``intervenor'' which is an official party to the Commission's
proceeding. Only intervenors have the right to seek rehearing of the
Commission's decision and be heard by the courts if they choose to
appeal the Commission's final ruling. An intervenor formally
participates in the proceeding by filing a request to intervene
pursuant to Rule 214 of the Commission's Rules of Practice and
Procedures (18 CFR 385.214). Motions to intervene are more fully
described at <a href="https://www.ferc.gov/how-intervene">https://www.ferc.gov/how-intervene</a>. Please note that the
Commission will not accept requests for intervenor status at this time.
You must wait until the Commission receives a formal application for
the project, after which the Commission will issue a public notice that
establishes an intervention deadline.
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 (<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#5a1c3f283915343633343f092f2a2a35282e1a3c3f2839743d352c"><span class="__cf_email__" data-cfemail="8bcdeef9e8c4e5e7e2e5eed8fefbfbe4f9ffcbedeef9e8a5ece4fd">[email protected]</span></a> or toll free at (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.
[[Page 60616]]
Dated: July 22, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-16530 Filed 7-25-24; 8:45 am]
BILLING CODE 6717-01-P
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