Notice2024-25431
NFEnergía LLC; Notice of Intent To Prepare an Environmental Impact Statement for the San Juan Micro-Fuel Handling Facility Project, Request for Comments on Environmental Issues, Notice of Public Scoping Session, and Schedule for Environmental Review
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Published
November 1, 2024
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 89 Issue 212 (Friday, November 1, 2024)</title>
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[Federal Register Volume 89, Number 212 (Friday, November 1, 2024)]
[Notices]
[Pages 87360-87363]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25431]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP21-496-000; Docket No. CP23-518-000]
NFEnerg[iacute]a LLC; Notice of Intent To Prepare an
Environmental Impact Statement for the San Juan Micro-Fuel Handling
Facility Project, Request for Comments on Environmental Issues, Notice
of Public Scoping Session, and Schedule for Environmental Review
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the San Juan Micro-Fuel
Handling Facility Project (Project) involving operation of facilities
by NFEnerg[iacute]a LLC (NFEnerg[iacute]a) in San Juan, Puerto Rico.\1\
The Commission will use this EIS in its decision-making process to
determine whether the Project is in the public interest. The schedule
for preparation of the 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 EISX-019-20-000-1728388200. 40 CFR
1502.4(e)(10) (2024).
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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 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 an authorization. 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 the EIS section
of this notice.
By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document, including
comments on potential alternatives and impacts, and any relevant
information, studies, or analyses of any kind concerning impacts
affecting the quality of the human environment. 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 November 25, 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.
Public Participation
There are four 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#21674453426e4f4d484f44725451514e535561474453420f464e57"><span class="__cf_email__" data-cfemail="377152455478595b5e595264424747584543775152455419505841">[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'';
(3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the Project docket numbers (CP21-
496-000 and/or CP23-518-000) on your letter. Submissions sent via the
U.S. Postal Service must be addressed to: Debbie-Anne A. Reese,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Room 1A, Washington, DC 20426. Submissions sent via any other carrier
must be addressed to:
[[Page 87361]]
Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852; or
(4) In lieu of sending written comments, the Commission invites you
to attend one of two 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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Monday, November 18, 2024; 11:00 a.m. to Hyatt Place San Juan, 580
1:00 p.m. and 4:30 p.m. to 7:30 p.m. Fernandez Juncos Avenue,
San Juan, Puerto Rico
00907.
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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. There will not be a formal
presentation by Commission staff when the session opens. 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 sessions are scheduled from 11:00 a.m. to 1:00 p.m. and
4:30 p.m. to 7:30 p.m. Eastern Standard Time. You may arrive at any
time after 11:00 a.m. for the midday session and after 4:30 p.m. for
the evening session. If you wish to provide a comment, the Commission
staff will hand out numbers in the order of your arrival. Comments will
be taken until 1:00 p.m. for the midday session and 7:30 p.m. for the
evening session. Please see appendix 1 for additional information on
the session format and conduct.\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. For
assistance, contact FERC at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="8ccac9decfc3e2e0e5e2e9dff9fcfce3fef8cceae9feefa2ebe3fa">[email protected]</a> or call toll
free, (886) 208-3676 or TTY (202) 502-8659.
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Your oral 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 3
minutes may be implemented for each commentor. 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. FERC will have Spanish interpreters on site at the
public scoping sessions. 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.
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
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#b9f6e9e9f9dfdccbda97ded6cf"><span class="__cf_email__" data-cfemail="105f404050767562733e777f66">[email protected]</span></a>.
Summary of the Proposed Project, the Project Purpose and Need, and
Expected Impacts
NFEnerg[iacute]a proposes to continue operation of its liquefied
natural gas (LNG) import and regasification facility (i.e., the
Project). The Project is on approximately 6.1 paved and fenced acres of
an industrial area at Wharves A and B of the Puerto de San Juan (``Port
of San Juan''), Puerto Rico, which is within existing industrial uses
in northern Puerto Rico where it can supply natural gas. To operate the
Project, shuttle LNG vessels bring LNG into the San Juan Harbor where
the LNG is transferred from these vessels to a non-jurisdictional
floating storage unit vessel that is semi-permanently moored adjacent
to the Project site. The floating storage unit vessel transfers LNG
onshore where some LNG is loaded onto trucks for over-the-road delivery
to end users and the remaining LNG is regasified and made available to
Units 5 and 6 of the adjacent San Juan Power Plant using an existing
75-foot-long, 10-inch-diameter segment of power plant piping. The
Project has a regasification capacity of 120 million standard cubic
feet per day (MMscfd) of natural gas and a truck loading capacity of
87.52 MMscfd of natural gas (or approximately 1,060,000 gallons of LNG)
per day. In addition, NFEnerg[iacute]a constructed and operates a 220-
foot-long, 10-inch-diameter pipeline at its LNG facility.
NFEnerg[iacute]a stated that the pipeline was necessary to supply
natural gas to the U.S. Army Corps of Engineers' emergency temporary
generation project.\3\
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\3\ The temporary generation project is part of the ongoing
efforts of the Puerto Rico Grid Stabilization Task Force, a joint
operation between the U.S. Army Corps of Engineers, Environmental
Protection Agency, Department of Energy, and Federal Emergency
Management Agency that is charged with restoring Puerto Rico's power
system reliability.
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NFEnerg[iacute]a's stated purpose of the Project is to continue
achieving the following:
<bullet> meeting existing demand for imported natural gas for
delivery to Puerto Rico commercial and utility customers;
<bullet> supporting grid stability in Puerto Rico;
<bullet> meeting fuel supply obligations for natural gas-fired
electric generation to maintain Puerto Rico's fuel diversity and energy
supplies in Puerto Rico;
<bullet> enabling electric generation that supports improvements in
air quality in the San Juan region, reduces sulfur dioxide emissions,
and supports Puerto Rico Electric Power Authority's efforts to achieve
regional emissions reductions; and
<bullet> reducing electricity rates and fuel costs for
NFEnerg[iacute]a's customers.
NFEnerg[iacute]a proposes to continue operating its Project at
Wharves A and B of the Port of San Juan, Puerto Rico. The general
location of the Project facilities is shown in appendix 2. Commission
staff have identified several expected impacts that deserve attention
in the EIS. These resources include air quality, noise, and safety. The
Project impact analysis is limited to operational impacts of the
existing facility.
The NEPA Process and the EIS
The EIS issued by the Commission will discuss impacts that could
occur as a result of the operation of the Project under the relevant
general resource areas:
<bullet> geology and soils;
<bullet> water resources and wetlands;
<bullet> vegetation and wildlife;
<bullet> essential fish habitat;
<bullet> threatened and endangered species;
<bullet> cultural resources;
<bullet> socioeconomics and environmental justice;
<bullet> land use;
<bullet> air quality and noise; and
<bullet> reliability and safety.
Commission staff will also make recommendations on how to lessen or
avoid impacts on the various resource areas. Your comments will help
Commission staff focus its analysis on the issues that may have a
significant effect on the human environment.
[[Page 87362]]
The EIS will present Commission staff's independent analysis of the
issues. The U.S. Coast Guard, and the U.S. Department of
Transportation's Pipeline and Hazardous Materials Safety Administration
are cooperating agencies in the preparation of the EIS.\4\ Staff will
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 draft and final EIS will be available in
electronic format in the public record through eLibrary \5\ 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\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at title 40 Code of Federal
Regulations (CFR), section 1501.8. (2024).
\5\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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Alternatives Under Consideration
The EIS will evaluate reasonable alternatives that are technically
and economically feasible and meet the purpose and need for the
proposed action.\6\ With this notice, the Commission requests specific
comments regarding any additional potential alternatives to the
proposed action or segments of the proposed action. Please focus your
comments on reasonable alternatives (including alternative facility
sites) that meet the Project objectives, are technically and
economically feasible, and avoid or lessen environmental impact.
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\6\ 40 CFR 1508.1(hh) (2024).
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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 other government agencies, interested Indian tribes, and the public
to solicit their views and concerns regarding the Project's potential
effects on historic properties.\7\ The Project EIS will document
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
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\7\ 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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Schedule for Environmental Review
On September 29, 2021, the Commission issued its Notice of
Application for the Project. Among other things, that notice alerted
other agencies issuing Federal authorizations of the requirement to
complete all necessary reviews and to reach a final decision on the
request for a Federal authorization within 90 days of the date of
issuance of the Commission staff's final EIS for the Project. This
notice identifies the Commission staff's planned schedule for
completion of the final EIS for the Project, which is based on an
issuance of the draft EIS in May 2025, opening a 45-day comment period.
Issuance of Notice of Availability of the final EIS--November 7, 2025
90-day Federal Authorization Decision Deadline \8\--February 5, 2026
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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 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.\9\ 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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\9\ 40 CFR 1501.10(h) (2024).
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Issuance of Final Order--February 19, 2026
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.
Permits and Authorizations
The table below lists the issued and anticipated permits and
authorizations for the Project required under Federal law. This list
may not be all-inclusive and does not preclude any permit or
authorization if it is not listed here. Agencies with jurisdiction by
law and/or special expertise may formally cooperate in the preparation
of the Commission's EIS and may adopt the EIS to satisfy its NEPA
responsibilities related to this Project. 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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Agency Permit
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Federal Energy Regulatory Natural Gas Act Section 3 Order of
Commission. Authorization.
U.S. Department of Energy......... Order to Import under Section 3 of
the Natural Gas Act.
U.S. Environmental Protection Vessel General Permit under the
Agency. Vessel Incidental Discharge Act.
United States Fish and Wildlife Consultation under Section 7 of the
Service. Endangered Species Act, the
Migratory Bird Treaty Act, and the
Bald and Gold Eagle Protection Act.
National Marine Fisheries Service. Consultation under Section 7 of the
Endangered Species Act.
National Marine Fisheries Service. Magnuson-Stevens Fishery
Conservation and Management Act
Consultation on Essential Fish
Habitat.
Puerto Rico Planning Board........ Coastal Zone Management Consistency
Determination.
U.S. Coast Guard.................. Letter of Recommendation and
Facility Security Plan Approval.
U.S. Department of Defense........ Consultation for Effect on Military
Installation.
U.S. Army Corps of Engineers...... Clean Water Act Section 404 Permit/
Section 408 Permit/Rivers and
Harbors Act Section 10 Permit/
Marine Protection, Research, and
Sanctuaries Act, Section 103.
Department of Environmental Clean Water Act Section 401, Water
Quality. Quality Certification/NPDES
Stormwater Discharge Permits/Clean
Air Act, Air Permit/40 CFR 52
Greenhouse Gas Tailoring Rule
Permits.
Puerto Rico State Historic Consultation under Section 106 of
Preservation Officer. the National Historic Preservation
Act.
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[[Page 87363]]
Environmental Mailing List
This notice is being sent to the Commission's current environmental
mailing list for the Project which includes: Federal 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 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 proposed Project. Puerto Rico and local
government representatives should notify their constituents of this
proposed Project and encourage them to comment on their areas of
concern.
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#bdfadcceedcfd2d7d8dec9fcd9d9cfd8cecefed5dcd3dad8fddbd8cfde93dad2cb"><span class="__cf_email__" data-cfemail="0146607251736e6b646275406565736472724269606f666441676473622f666e77">[email protected]</span></a> stating your
request. You must include the docket number CP21-496-000 and/or CP23-
518-000 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).
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 (i.e., CP21-496-000 and/or CP23-518). Be
sure you have selected an appropriate date range. For assistance,
please contact FERC Online Support at <a href="/cdn-cgi/l/email-protection#13557661705c7d7f7a7d76406663637c616753757661703d747c65"><span class="__cf_email__" data-cfemail="460023342509282a2f282315333636293432062023342568212930">[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: October 25, 2024.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2024-25431 Filed 10-31-24; 8:45 am]
BILLING CODE 6717-01-P
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