Notice2024-25499
Notice of Intent To Prepare an Environmental Impact Statement for the Project Cypress Direct Air Capture (DAC) Hub; Notice of Potential Floodplain and Wetland Involvement, DOE/EIS-0567
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Published
November 1, 2024
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy (DOE) announces its intent to prepare an environmental impact statement (EIS) pursuant to the National Environmental Policy Act (NEPA), the Council on Environmental Quality (CEQ) NEPA regulations, and the DOE NEPA implementing procedures, to assess the potential environmental impacts for the proposed action of providing financial assistance to Battelle Memorial Institute (Battelle) to facilitate the design, construction, operation, and maintenance of a portion of the Project Cypress Direct Air Capture Hub (Project Cypress). Project Cypress would demonstrate the processing, delivery, secure geologic storage, and/or conversion of, carbon dioxide (CO<INF>2</INF>) captured from the atmosphere.
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 87349-87352]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25499]
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DEPARTMENT OF ENERGY
Notice of Intent To Prepare an Environmental Impact Statement for
the Project Cypress Direct Air Capture (DAC) Hub; Notice of Potential
Floodplain and Wetland Involvement, DOE/EIS-0567
AGENCY: Office of Clean Energy Demonstrations, U.S. Department of
Energy.
ACTION: Notice of intent to prepare an environmental impact statement,
notice of scoping meetings, request for comments and notice of
potential floodplain and wetland involvement.
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SUMMARY: The U.S. Department of Energy (DOE) announces its intent to
prepare an environmental impact statement (EIS) pursuant to the
National Environmental Policy Act (NEPA), the Council on Environmental
Quality (CEQ) NEPA regulations, and the DOE NEPA implementing
procedures, to assess the potential environmental impacts for the
proposed action of providing financial assistance to Battelle Memorial
Institute (Battelle) to facilitate the design, construction, operation,
and maintenance of a portion of the Project Cypress Direct Air Capture
Hub (Project Cypress). Project Cypress would demonstrate the
processing, delivery, secure geologic storage, and/or conversion of,
carbon dioxide (CO<INF>2</INF>) captured from the atmosphere.
DATES: The public scoping period for the EIS starts with the
publication of this NOI and ends on December 16, 2024. DOE will hold
two in-person public scoping meetings at the following dates and times
(eastern time):
<bullet> Wednesday, November 20, 2024, 5 p.m.-8 p.m., Caddo-Bossier
Port, 6000 Doug Attaway Blvd., Shreveport, LA 71115.
<bullet> Thursday, November 21, 2024, 5 p.m.-8 p.m., Ward 7
Recreational Center, 1615 Horridge St, Vinton, LA 70668.
All meetings are open to the public and free to attend. Details on
how to participate in the public scoping meetings are available on the
DOE's web page for this EIS: <a href="https://www.energy.gov/nepa/doeeis-0567-project-cypress-regional-direct-air-capture-dac-hub-calcasieu-parish-and-caddo">https://www.energy.gov/nepa/doeeis-0567-project-cypress-regional-direct-air-capture-dac-hub-calcasieu-parish-and-caddo</a>. In defining the scope of the EIS, DOE will consider all
scoping comments received or postmarked by December 16, 2024. Comments
received or postmarked after the scoping period end date will be
considered to the extent practicable.
ADDRESSES: Oral or written comments may be provided at the public
scoping meetings. Written comments can be submitted in any of the
following ways:
<bullet> Mail or Hand Delivery Service: Send comments in an
envelope labeled ``DOE/EIS-0567'' and addressed to Robyn Susemihl,
Burns & McDonnell, 4004 Summit Blvd. NE, Suite 1200, Atlanta, GA 30319;
or
<bullet> Through the <a href="http://www.regulations.gov">www.regulations.gov</a> web portal: Navigate to
<a href="http://www.regulations.gov">www.regulations.gov</a> and search for Docket No. DOE-HQ-2024-0080 and
follow the instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT: Cassandra Forsyth, NEPA Document
Manager, Office of Clean Energy Demonstration Projects, U.S. Department
of Energy, U.S. Department of Energy, 1000 Independence Ave SW,
Washington, DC 20585, email: <a href="/cdn-cgi/l/email-protection#17787472736765787d727463746e6765726464727e64577f663973787239707861"><span class="__cf_email__" data-cfemail="b5dad6d0d1c5c7dadfd0d6c1d6ccc5c7d0c6c6d0dcc6f5ddc49bd1dad09bd2dac3">[email protected]</span></a> or
telephone: 240-246-4998.
SUPPLEMENTARY INFORMATION:
Background
The Infrastructure and Investment in Jobs Act, commonly known as
the Bipartisan Infrastructure Law (BIL), established the Regional
Direct Air Capture Hubs (DAC Hubs) program to accelerate
commercialization of, and demonstrate the processing, delivery, secure
geologic storage, and/or conversion of, carbon dioxide (CO<INF>2</INF>)
captured from the atmosphere. DAC Hub infrastructure can provide
economic value and environmental benefits for diverse applications
across multiple sectors. However, if the nation is to achieve
widespread DAC commercialization and realize these benefits, key
challenges to the development and deployment of DAC must be overcome.
These challenges include cost, durability, reliability, and
performance, as well as the lack of existing DAC infrastructure
capturing at least 50 kilotonnes per annum (KTA) carbon dioxide
(CO<INF>2</INF>) or a DAC Hub capacity build-out plan to eventually
reach the goal of at least 1,000 KTA CO<INF>2</INF>. Non-technical
barriers also need to be addressed, such as fostering best practices
for safety, and developing a robust supply chain and workforce.
Accordingly, there is a need to reduce the cost of DAC infrastructure
through
[[Page 87350]]
technology development to assure competitiveness and to reduce
deployment timelines and uncertainties limiting U.S. DAC Hub
infrastructure project development.
DOE will prepare an environmental impact statement (DOE/EIS-0567)
to evaluate the potential impacts to the human environment associated
with the proposed Project Cypress. The purpose of this notice of intent
(NOI) is to invite public participation in the NEPA process and to
encourage public input on the scope of analysis and alternatives that
should be considered in the EIS.
Portions of Project Cypress may affect areas designated as
floodplains or wetlands. This NOI, therefore, also serves as notice of
a proposed floodplain or wetland action in accordance with DOE's
floodplain and wetland environmental review requirements (10 CFR part
1022). The Project Cypress EIS will include a floodplain and wetland
assessment.
Purpose and Need for the Proposed Action
The purpose and need for agency action is to comply with the DOE's
statutory mandate in BIL to catalyze investment in the development of
DAC Hub technology that demonstrates accelerated commercialization of,
and demonstrates the processing, delivery, geologic storage, and
conversion of, CO<INF>2</INF> captured from the atmosphere. The
proposed action would fulfill DOE's goals of accelerating the
deployment of these technologies and enabling infrastructure to attract
greater investments from the private sector and promote substantial
U.S. manufacturing of numerous DAC Hub related technologies.
DOE's purpose is to fund DAC Hub projects that meet the criteria
for a regional DAC Hub, which state that each DAC Hub selected:
<bullet> Will facilitate the deployment of DAC projects.
<bullet> Has the potential to capture and sequester (or utilize) at
least 1,000,000 metric tons of CO<INF>2</INF> from the atmosphere
annually from a single unit or multiple interconnected units.
<bullet> Demonstrates the capture, processing, delivery, and
sequestration or end-use of captured carbon.
<bullet> Could be developed into a regional or interregional carbon
network to facilitate sequestration or carbon utilization.
DOE competitively selected Battelle under DE-FOA-0002735 to
demonstrate the Regional DAC Hub technology with Project Cypress.
The need for agency action is to respond to Battelle's request for
financial assistance through the cost-shared partnership to design,
construct, and operate Project Cypress with the utilization of more
than one DAC technology developed in different portions of western
Louisiana.
Project Cypress would provide a scalable solution for the capture
of CO<INF>2</INF> directly from the air for the permanent removal of
CO<INF>2</INF> to combat climate change. Project Cypress is proposing
to construct state-of-the-art facilities that would accomplish carbon
dioxide removal from ambient air.
Proposed Action and Preliminary Alternatives
Proposed Action
DOE's Proposed Action is to authorize the expenditure of Federal
funds to design, construct, operate, and maintain a Regional DAC Hub in
western Louisiana. The proposed action would fund portions of Project
Cypress, including the engineering, design, construction, and operation
of certain DAC facilities in Calcasieu Parish (Ward 7), situated in
southwest Louisiana (LA), and certain DAC facilities in Caddo Parish
(Ward 4), located in northwest LA. The proposed Project Cypress would
capture and sequester CO<INF>2</INF> through the utilization of
contrasting DAC technologies developed independently by Climeworks
Corporation (Climeworks) and Heirloom Carbon Technologies (Heirloom),
the subrecipients of grant awardee, Battelle:
<bullet> Cypress Southwest would consist of an approximately 300-
KTA Climeworks DAC facility (Stage 1) and an approximately 1000-KTA
Climeworks DAC facility (Stage 2) located in Calcasieu Parish, LA.
<bullet> Cypress Northwest would consist of an approximately 100-
KTA Heirloom DAC facility located in Caddo Parish, LA.
No Action Alternative
As required by NEPA, DOE will consider a no action alternative
where DOE would not authorize the expenditure of Federal funds for
development of Project Cypress. The no action alternative provides a
benchmark for comparison with environmental effects of the other
alternatives.
Preliminary Action Alternatives
The EIS may also evaluate other reasonable alternatives that are
technically and economically feasible and meet the purpose and need for
the proposed action. Other reasonable alternatives that may be
evaluated in the EIS include: (1) providing funding for Cypress
Southwest only (Climeworks DAC facility in Calcasieu Parish, LA); and
(2) providing funding for Cypress Northwest only (Heirloom DAC facility
in Caddo Parish, LA).
Summary of Potential Impacts
DOE's analysis and discussion in the EIS will focus on potentially
significant environmental impacts. Accordingly, in the EIS, DOE
anticipates evaluating potential impacts related to: (1) land use, (2)
atmospheric conditions and air quality, (3) hydrologic conditions and
water quality, (4) geology and soils, (5) vegetation and wildlife, (6)
socioeconomic conditions, (7) environmental justice, (8) cultural
resources, (9) visual resources, (10) health and safety, and (11)
cumulative impacts. This list is not intended to be all-inclusive or to
imply a predetermination of potential impacts. DOE invites interested
stakeholders to suggest specific issues, including possible mitigation
measures, within these general categories or others, to be considered
in the EIS.
Anticipated Permits and Authorizations
A decision by DOE to authorize expenditure of Federal funds would
not directly authorize construction or operation of Project Cypress by
Battelle or project partners Climeworks and Heirloom. Other Federal
authorizations will be required. These processes, as well as
consultation under the Endangered Species Act and Section 106 of the
National Historic Preservation Act, as appropriate, will occur
concurrently with the NEPA process. Information and data on historic
and cultural resources and threatened and endangered species within the
area(s) potentially affected by the proposed action will assist in
identifying and evaluating impacts to such resources.
In addition to consultation with the State Historic Preservation
Office (SHPO), DOE will also engage in government-to-government Tribal
consultation, as appropriate.
Anticipated Federal, State, and local permits or authorizations
required for construction and operation of Cypress Southwest
(Climeworks) may include:
<bullet> Clean Water Act (CWA) Section 404 permit (Individual or
Nationwide) from the United States Army Corps of Engineers (USACE) for
construction of wastewater and stormwater outfalls in waters of the
United States,
<bullet> Air Permit from Louisiana Department of Environmental
Quality (LDEQ) for construction and operation of emissions sources,
<bullet> Louisiana Pollution Discharge Elimination System (LPDES)
Permit
[[Page 87351]]
from LDEQ for discharges of industrial wastewater and stormwater into
waters of the State,
<bullet> LPDES General Permit No. LAR1000000 from LDEQ for
discharges of stormwater from construction activities into waters of
the State,
<bullet> LPDES General Permit No. LA670000 for hydrostatic test
discharges during construction to waters of the State,
<bullet> Water Well Notification to the Louisiana Department of
Energy and Natural Resources (LDENR) for groundwater well drilling and
pumping, and
<bullet> Various permits from Calcasieu Parish including Floodplain
Development Permit, Stormwater Permit, and Temporary Office Trailer
Permit.
Anticipated Federal, State, and local permits or authorizations
required for construction and operation of Cypress Northwest (Heirloom)
may include:
<bullet> CWA Section 404 permit (Individual or Nationwide) from the
USACE for construction of wastewater and stormwater outfalls in waters
of the United States,
<bullet> Louisiana State 401 Water Quality Certification,
<bullet> LPDES Permit from LDEQ for discharges of industrial
wastewater and stormwater into waters of the State,
<bullet> LPDES General Permit No. LAR1000000 from LDEQ for
discharges of stormwater from construction activities into waters of
the State,
<bullet> LPDES General Permit No. LA670000 for hydrostatic test
discharges during construction to waters of the State.
Floodplain or Wetland Involvement
Floodplains and wetlands exist in the Project Cypress proposed
project area. Therefore, this NOI also serves as a notice of proposed
floodplain or wetland action. The EIS will include an assessment of
impacts to floodplains and wetlands, and, if required, a floodplain
statement of findings in accordance with DOE regulations for compliance
with floodplain and wetlands environmental review (10 CFR part 1022).
Schedule for Decision-Making Process
After the draft EIS is completed, DOE will publish a notice of
availability (NOA) and request public comments on the draft EIS. DOE
currently expects to issue the NOA in June 2025. After the public
comment period ends, DOE will review and respond to comments received
and will develop the final EIS. DOE currently expects to make the final
EIS available to the public in March 2026. A record of decision will be
completed no sooner than 30 days after the final EIS is released, in
accordance with 40 CFR 1506.10.
Scoping Process
This NOI commences the public scoping process to identify issues
and potential alternatives for consideration in the EIS. Throughout the
scoping process, Federal agencies, Tribes, State and local governments,
and the public have the opportunity to help DOE identify significant
resources and issues, reasonable alternatives, mitigation measures, and
other pertinent information that DOE should consider in the EIS. DOE
will hold public scoping meetings at the times and dates described
above under the DATES section. The public will have the opportunity to
present comments on the scope of the EIS. DOE representatives will be
available to answer questions and provide additional information to
meeting attendees. In addition to providing comments at the public
scoping meetings, stakeholders may submit written comments as described
in the ADDRESSES section.
Comments may be broad in nature or restricted to specific areas of
concern, but they should be directly relevant to the NEPA process or
potential environmental impacts. The scoping process allows the public
and interested parties to shape the EIS impact analysis, focusing on
the areas of greatest importance and identifying areas requiring less
attention. DOE will consider the comments received on the scope of the
EIS during the 45-day scoping period as it prepares the draft EIS.
OCED does not consider anonymous scoping comments. Please include
your name and address as part of your scoping comment. All scoping
comments, including the names, addresses, and other personally
identifiable information included in the comment, will be part of the
administrative record. DOE will protect privileged or confidential
information that you submit when required by Exemption 4 of the Freedom
of Information Act (FOIA), which applies to trade secrets and
commercial or financial information that is privileged or confidential.
Please label privileged or confidential information ``Contains
Confidential Information'' and consider submitting such information as
a separate attachment. Information that is not labeled as privileged or
confidential may be regarded by DOE as suitable for public release.
NEPA Cooperating Agencies
The CEQ NEPA regulations specify that cooperating agencies and
governments are those with ``jurisdiction by law or special
expertise.'' DOE has invited the U.S. Army Corps of Engineers--
Vicksburg District, U.S. Army Corps of Engineers--New Orleans District,
and the U.S. Department of Agriculture to participate in the NEPA
process as cooperating agencies. The U.S. Department of Agriculture and
the USACE--Vicksburg District (the lead Regulatory USACE district) have
accepted DOE's invitation to become cooperating agencies.
DOE will provide cooperating agencies with a written summary of
expectations for cooperating agencies, including schedules, milestones,
responsibilities, scope and detail of cooperating agencies' expected
contributions, and availability of pre-decisional information.
Governmental entities that are not cooperating agencies will have
opportunities to provide information and comments to DOE during the
public input stages of the NEPA process.
Request for Comment on Alternatives and Effects, as Well as on Relevant
Information, Studies, or Analyses With Respect to the Proposed Action
DOE requests data, comments, views, information, analysis,
alternatives, or suggestions relevant to the proposed action from the
public; affected Federal, Tribal, State, and local governments,
agencies, and offices; the scientific community; industry; or any other
interested party. Specifically, DOE requests information on the
following topics:
1. Potential effects that the proposed action could have on
biological, physical, socioeconomic, cultural, or other resources.
2. Other potential reasonable alternatives to the proposed action
that DOE should consider, including additional or alternative
avoidance, minimization, and mitigation measures.
3. Information on other current or planned activities in, or in the
vicinity of, the proposed action, that could impact one another or
contribute to cumulative impacts.
4. Other information, studies, or analyses relevant to the proposed
action and its impacts on the human environment.
To promote informed decision-making, comments should be as specific
as possible and should provide as much detail as necessary to
meaningfully and fully inform DOE of why the issues raised are
important to the agency's review of the proposed action.
[[Page 87352]]
The draft EIS will include as an appendix, a summary of issues
raised during public scoping that DOE considered in preparing the EIS
and comments outside the scope of the analysis.
Signing Authority
This document of the Department of Energy was signed on October 24,
2024, by Kelly Cummins, Acting Director, Office of Clean Energy
Demonstrations, pursuant to delegated authority from the Secretary of
Energy. That document with the original signature and date is
maintained by DOE. For administrative purposes only, and in compliance
with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on October 29, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-25499 Filed 10-31-24; 8:45 am]
BILLING CODE 6450-01-P
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