Notice2024-21475
Notice of Intent To Prepare a Supplemental Environmental Impact Statement for the Proposed Rio Grande LNG, LLC and Rio Bravo Pipeline Company, LLC Rio Grande LNG Terminal and Rio Bravo Pipeline Project, Request for Comments on Environmental Issues, and Schedule for Environmental Review
Primary source
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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 77129-77131]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21475]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP16-454-000; CP16-455-000; CP20-481-000]
Notice of Intent To Prepare a Supplemental Environmental Impact
Statement for the Proposed Rio Grande LNG, LLC and Rio Bravo Pipeline
Company, LLC Rio Grande LNG Terminal and Rio Bravo Pipeline 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) that will discuss the environmental impacts of the
Rio Grande LNG and Rio Bravo Pipeline Projects involving construction
and operation of facilities by Rio Grande LNG, LLC and Rio Bravo
Pipeline Company, LLC.\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
Authorizations Under Sections 3 and 7 of the Natural Gas Act and its
April 23, 2023 Order on Remand and Amending Section 7 Certificate that
approved the liquefied natural gas (LNG) terminal and pipeline project,
including a pipeline amendment in FERC Docket No. CP20-481-000.\2\ On
remand, the Commission will consider whether to grant a Natural Gas Act
(NGA) section 3(a) authorization for the Rio Grande LNG Terminal and an
NGA section 7(c) certificate of public convenience and necessity for
the Rio Bravo Pipeline Project.\3\ 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-019-20-000-1726224918. 40 CFR
1502.4(e)(10) (2024).
\2\ City of Port Isabel v. FERC, 111 F.4th 1198 (D.C. Cir.
2024).
\3\ The Commission approved four discrete route adjustments to
the Rio Bravo Pipeline Project in FERC Docket No. CP23-519-000
(Order Amending Certificate issued May 23, 2024). The supplemental
EIS will analyze the pipeline as amended by these route adjustments.
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The Commission must determine whether to authorize the projects
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 April 26, 2019 final
EIS for the projects. The focus of the supplemental EIS will be the
issues identified by the court as requiring further analyses (i.e.,
environmental justice impacts, air quality, and alternatives). The
Commission will use this supplemental EIS in its decision-making
process to determine whether to authorize the Rio Grande LNG and Rio
Bravo Pipeline Projects 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.
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
[[Page 77130]]
easement agreement. You are not required to enter into an agreement.
However, if the Commission approves the project, section 7 of the NGA
conveys the right of eminent domain to the company.\4\ 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.
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\4\ Eminent domain does not apply to the NGA section 3
facilities.
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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#1d5b786f7e5273717473784e686d6d726f695d7b786f7e337a726b"><span class="__cf_email__" data-cfemail="10567562735f7e7c797e75436560607f626450767562733e777f66">[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 numbers (CP16-
454-000; CP16-455-000; and/or CP20-481-000) 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, 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#c28d929282a4a7b0a1eca5adb4"><span class="__cf_email__" data-cfemail="206f707060464552430e474f56">[email protected]</span></a>.
Summary of the Proposed Projects
Rio Grande LNG, LLC's stated purpose for the Rio Grande LNG
Terminal is to develop, own, operate, and maintain an LNG export
facility in south Texas to export 27 million tons per annum (MTPA) of
LNG that provides an additional source of firm, long-term, and
competitively priced LNG to the global market. Rio Bravo Pipeline
Company, LLC's stated purpose for the Rio Bravo Pipeline Project is to
develop, own, operate, and maintain a natural gas pipeline system to
access natural gas from the Agua Dulce Hub for delivery at the Rio
Grande LNG Terminal.
The Rio Grande LNG Terminal would consist of five natural gas
liquefaction trains, each with a nominal capacity of 5.4 MTPA; four LNG
storage tanks; two LNG carrier loading berths; one 1,500-foot-diameter
turning basin; LNG truck loading and unloading facilities with four
loading bays; two natural gas liquids truck loading bays; and other
administrative, maintenance, and support facilities. As amended, the
Rio Bravo Pipeline Project would include: a 2.4-mile-long header
system; approximately 136 miles of parallel 48- and 42-inch-diameter
mainline pipelines; one compressor station; four metering sites; and
other appurtenant facilities. The general location of the project
facilities is shown in appendix 1.\5\
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\5\ 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="abedeef9e8e4c5c7c2c5cef8dedbdbc4d9dfebcdced9c885ccc4dd">[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 April 26, 2019 final
EIS, construction and installation of facilities for the projects would
require temporary disturbance of about 3,633.2 acres of land. Following
construction, the LNG terminal site and pipeline facilities would
encompass about 2,149.2 acres. The remaining 1,484.0 acres would return
to pre-construction conditions and uses. Incorporation of the Rio Bravo
Pipeline Amendment (Docket No. CP20-481-000) resulted in a decrease of
48.2 acres of land, while the Rio Bravo Pipeline Route Amendment
(Docket No. CP23-519-000) added approximately 123.3 acres to the
overall footprint of the Rio Bravo Pipeline Project.
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 Rio Grande LNG Terminal and the Rio Bravo Pipeline
Project; (2) a revised analysis of air quality impacts resulting from
construction and operational emissions; and (3) an updated alternatives
analysis, including carbon capture and sequestration.
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
\6\ 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
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eSubscribed, you will receive instant email notification when the
environmental document is issued.
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\6\ 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.\7\ Alternatives currently under consideration
include:
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\7\ 40 CFR 1508.1(z)
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<bullet> the no-action alternative, meaning the project is not
implemented; and
<bullet> carbon capture and sequestration.
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 and pipeline routes 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 projects, 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 \8\--October 29, 2025
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\8\ 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 NGA. 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.\9\ This notice identifies the
Commission's anticipated schedule for issuance of the final order for
the projects, which serves as the Commission's record of decision. We
currently anticipate issuing a final order for the projects no later
than:
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\9\ 40 CFR 1501.10(h) (2024).
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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 projects 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 projects.
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#783f190b280a17121d1b0c391c1c0a1d0b0b3b1019161f1d381e1d0a1b561f170e"><span class="__cf_email__" data-cfemail="bafddbc9eac8d5d0dfd9cefbdedec8dfc9c9f9d2dbd4dddffadcdfc8d994ddd5cc">[email protected]</span></a> stating your
request. You must include the docket number (i.e., CP16-454-000; CP16-
455-000; and/or CP20-481-000) 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 projects 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.,
CP16-454, CP16-455, or CP20-481). Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at <a href="/cdn-cgi/l/email-protection#b1f7d4c3d2fedfddd8dfd4e2c4c1c1dec3c5f1d7d4c3d29fd6dec7"><span class="__cf_email__" data-cfemail="97d1f2e5f4d8f9fbfef9f2c4e2e7e7f8e5e3d7f1f2e5f4b9f0f8e1">[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. 2024-21475 Filed 9-19-24; 8:45 am]
BILLING CODE 6717-01-P
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