Notice2024-21474
Notice of Intent To Prepare a Supplemental Environmental Impact Statement for the Proposed Texas LNG Brownsville LLC Texas LNG Project, Request for Comments on Environmental Issues, and Schedule for Environmental Review
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Published
September 20, 2024
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 89 Issue 183 (Friday, September 20, 2024)</title>
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[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Notices]
[Pages 77126-77128]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21474]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP16-116-000]
Notice of Intent To Prepare a Supplemental Environmental Impact
Statement for the Proposed Texas LNG Brownsville LLC Texas LNG 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 a supplemental environmental impact statement
(supplemental EIS) for the Texas LNG Project, proposed by Texas LNG
Brownsville LLC (Texas LNG) in Cameron County, Texas.\1\ On August 6,
2024, the U.S. Court of Appeals for the District of Columbia Circuit
issued an opinion vacating and remanding the Commission's November 22,
2019 Order Granting Authorization under Section 3 of the Natural Gas
Act and its April 21, 2023 Order on Remand that approved the liquefied
natural gas (LNG) terminal.\2\ On remand, the Commission will consider
whether to grant a Natural Gas Act (NGA) section 3(a) authorization for
the Texas LNG Project. The schedule for preparation of the supplemental
EIS is discussed in the Schedule for Environmental Review section of
this notice.
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\1\ In accordance with the Council on Environmental Quality's
regulations, the unique identification number for documents relating
to this environmental review is SEIS-019-20-000-1726224938. 40 CFR
1502.4(e)(10) (2024).
\2\ City of Port Isabel v. FERC, 111 F.4th 1198 (D.C. Cir.
2024).
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The Commission must determine whether to authorize the project
under the NGA, taking into consideration the factors discussed in the
court's decision. The supplemental EIS will tier off Commission staff's
analysis and conclusions as documented in staff's March 15, 2019 final
EIS for the project. The focus of the supplemental EIS will be the
issues identified by the court as requiring further analyses (i.e.,
environmental justice impacts and air quality). The Commission will use
this supplemental EIS in its decision-making process to determine
whether to authorize the Texas LNG Project in light of the court's
vacatur and remand.
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 an authorization. This
notice announces the opening of the scoping process the Commission will
use to gather input from the public and interested agencies regarding
the issues that will be analyzed in the supplemental EIS. Additional
information about the Commission's NEPA process is described below in
the NEPA Process and the Supplemental EIS section of this notice.
By this notice, the Commission requests public comments on the
scope of issues to address in the supplemental EIS. 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 October 15, 2024. Comments may be submitted
in written form. Further details on how to submit comments are provided
in the Public Participation section of this notice.
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#0e486b7c6d41606267606b5d7b7e7e617c7a4e686b7c6d20696178"><span class="__cf_email__" data-cfemail="5c1a392e3f1332303532390f292c2c332e281c3a392e3f723b332a">[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 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 (CP16-
116-00) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Debbie-Anne Reese, Acting Secretary, Federal
Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington,
DC 20426. Submissions sent via any other carrier
[[Page 77127]]
must be addressed to: Debbie-Anne Reese, Acting Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD
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.
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#cb849b9b8badaeb9a8e5aca4bd"><span class="__cf_email__" data-cfemail="5c130c0c1c3a392e3f723b332a">[email protected]</span></a>.
Summary of the Proposed Project
Texas LNG's stated purpose of the project is to site, construct,
and operate an LNG export terminal on the Brownsville Ship Channel in
Cameron County, Texas to convert domestically produced natural gas to
LNG for storage and export. Texas LNG states that it intends to produce
up to 4 million tons per annum (MTPA) of LNG for export.
The Texas LNG Project would consist of two natural gas liquefaction
trains, each with a nominal capacity of 2.0 MTPA; two LNG storage
tanks; a single LNG carrier berth; mooring and loading facilities; and
other appurtenant facilities. The general location of the project
facilities is shown in appendix 1.\3\
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\3\ 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="e8aeadbaaba7868481868dbb9d9898879a9ca88e8d9a8bc68f879e">[email protected]</a> or call toll
free, (886) 208-3676 or TTY (202) 502-8659.
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Based on the environmental analysis in the March 15, 2019 final
EIS, construction and installation of facilities for the project would
require temporary disturbance of about 311.5 acres of land. Following
construction, the LNG terminal site would encompass about 282 acres.
The remaining 29.5 acres would return to pre-construction conditions
and uses.
The NEPA Process and the Supplemental EIS
In order to address the court's August 6, 2024 remand, Commission
staff will supplement the analysis from the 2019 final EIS. As noted
above, the focus of the supplemental EIS will be the issues identified
by the court as requiring further analysis. Specifically, the
supplemental EIS will include: (1) an updated analysis of the
environmental justice impacts associated with the construction and
operation of the Texas LNG Project; and (2) a revised analysis of air
quality impacts resulting from construction and operational emissions.
Commission staff will also make recommendations on how to lessen or
avoid the impacts analyzed in the supplemental EIS. Your comments will
help Commission staff focus its analysis on the issues that may have a
significant effect on the human environment.
The supplemental EIS will present Commission staff's independent
analysis of the issues. Staff will prepare a draft supplemental EIS
which will be issued for public comment. Commission staff will consider
all timely comments received during the comment period on the draft
supplemental EIS and revise the document, as necessary, before issuing
a final supplemental EIS. Any draft and final supplemental 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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\4\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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Alternatives Under Consideration
This supplemental 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 the no-action alternative, meaning the project is not
implemented.
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\5\ 40 CFR 1508.1(hh) (2024).
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With this notice, the Commission requests specific comments
regarding any additional potential alternatives to the proposed action.
Please focus your comments on reasonable alternatives (including
alternative facility sites not previously analyzed) that meet the
project objectives, are technically and economically feasible, and
avoid or lessen environmental impact.
Schedule for Environmental Review
This notice identifies the Commission staff's planned schedule for
completion of the final supplemental EIS for the project, which is
based on an issuance of the draft supplemental EIS in March 2025,
opening a 45-day comment period.
Issuance of Notice of Availability of the final supplemental EIS--July
31, 2025
90-day Federal Authorization Decision Deadline \6\--October 29, 2025
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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.
In accordance with the Council on Environmental Quality's
regulations, for EISs, agencies are to make schedules for completing
the NEPA process publicly available.\7\ This notice identifies the
Commission's anticipated schedule for issuance of the final order for
the project, which serves as the Commission's record of decision. We
currently anticipate issuing a final order for the project no later
than:
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\7\ 40 CFR 1501.10(h) (2024).
Issuance of Final Order--November 20, 2025
If a schedule change becomes necessary, an additional notice will
be provided so that the relevant agencies are kept informed of the
project's progress.
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; Native American Tribes;
elected officials; environmental and public interest groups; other
interested parties. 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 project.
[[Page 77128]]
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#5512342605273a3f30362114313127302626163d343b323015333027367b323a23"><span class="__cf_email__" data-cfemail="5512342605273a3f30362114313127302626163d343b323015333027367b323a23">[email protected]</span></a> stating your
request. You must include the docket number CP16-116-000 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.,
CP16-116). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<a href="/cdn-cgi/l/email-protection#5d1b382f3e1233313433380e282d2d322f291d3b382f3e733a322b"><span class="__cf_email__" data-cfemail="3b7d5e495874555752555e684e4b4b54494f7b5d5e4958155c544d">[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: September 13, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-21474 Filed 9-19-24; 8:45 am]
BILLING CODE 6717-01-P
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