[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Notices]
[Pages 52379-52381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18335]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-486-000]


Texas Eastern Transmission, LP; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Appalachia to Market II 
and Entriken HP Replacement Project and Request for Comments on 
Environmental Issues, 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 Appalachia to Market II 
and Entriken HP Replacement Project (Project) involving construction 
and operation of facilities by Texas Eastern Transmission, LP (Texas 
Eastern) in Lebanon, Indiana, and Huntingdon counties, Pennsylvania. 
The Commission will use this EIS in its decision-making process to 
determine whether the Project is in the public convenience and 
necessity. The schedule for preparation of the EIS is discussed in the 
Schedule for Environmental Review section of this notice.
    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 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 September 19, 2022. 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.
    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 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 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.
    Texas Eastern provided landowners with a fact sheet prepared by the 
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do 
I Need To Know?'' which 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 (www.ferc.gov) 
under the Natural Gas Questions or Landowner Topics link.

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 
[email protected]. 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 (www.ferc.gov) 
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 (www.ferc.gov) 
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 (CP22-
486-000) on your letter. Submissions sent via the U.S. Postal Service 
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 
20426. Submissions sent via any other carrier must be addressed to: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 
12225 Wilkins Avenue, Rockville, Maryland 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 https://www.ferc.gov/ferc-online/overview to register 
for eSubscription.

Summary of the Proposed Project, the Project Purpose and Need, and 
Expected Impacts

    Texas Eastern proposes to abandon certain facilities and to 
construct, install, own, operate, and maintain facilities in Lebanon, 
Indiana, and Huntingdon counties in Pennsylvania. According to Texas 
Eastern, the Project is designed to improve reliability on the Texas 
Eastern system by replacing an

[[Page 52380]]

older gas-driven compressor unit with an electric-motor driven (EMD) 
compressor unit at each of two compressor stations. The Project is 
designed to provide up to 55,000 dekatherms per day of additional firm 
natural gas transportation service from the Appalachia supply basin in 
Southwest Pennsylvania to existing local distribution company customers 
in New Jersey.
    The general location of the Project facilities is shown in appendix 
1.\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 
www.ferc.gov using the link called ``eLibrary''. For instructions on 
connecting to eLibrary, refer to the last page of this notice. At 
this time, the Commission has suspended access to the Commission's 
Public Reference Room due to the proclamation declaring a National 
Emergency concerning the Novel Coronavirus Disease (COVID-19), 
issued by the President on March 13, 2020. For assistance, contact 
FERC at [email protected] or call toll free, (886) 208-3676 
or TTY (202) 502-8659.
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    The Project would consist of the following facilities:
     the Line 28 Loop in Lebanon County, Pennsylvania, which 
includes installation of approximately 2 miles of 36-inch-diameter 
looping pipeline beginning at the terminus of Texas Eastern's existing 
Line 28;
     a new receiver, valve, and crossover site at the end of 
the Line 28 Loop to replace the existing receiver at the end of the 
existing Line 28;
     the Armagh Compressor Station Modifications in Indiana 
County, Pennsylvania, which includes installation of a 27,000 
horsepower EMD compressor unit to replace an existing 22,000 hp gas-
driven turbine compressor unit, construction of a new electric 
substation to provide power to the EMD compressor, and associated 
facilities; and
     the Entriken Compressor Station Modifications in 
Huntingdon County, Pennsylvania, which includes the installation of a 
24,000 hp EMD compressor unit to replace an existing 22,000 hp gas-
driven turbine compressor unit, construction of a new electric 
substation to provide power to the EMD compressor, and associated 
facilities.
    Based on the environmental information provided by Texas Eastern, 
construction of the proposed facilities would disturb about 155 acres 
of land for the aboveground facilities and the pipeline. Following 
construction, Texas would maintain about 79.0 acres for operation of 
the Project facilities, and the remaining acreage would be restored and 
revert to former uses. The Line 28 Loop would be installed adjacent to 
Texas Eastern's existing lines within and adjacent to Texas Eastern's 
existing right-of-way. The Armagh and Entriken Compressor Station 
Modifications would occur fully within the parcels owned by Texas 
Eastern, primarily within the fence line of existing facilities.
    Based on an initial review of Texas Eastern's proposal, Commission 
staff have identified several expected impacts that deserve attention 
in the EIS, including visual impacts, greenhouse gas emissions, and 
potential impacts on special status species, environmental justice 
communities, and air quality.

The NEPA Process and the EIS

    The EIS issued by the Commission will discuss impacts that could 
occur as a result of the construction and operation of the proposed 
Project under the relevant general resource areas:
     geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     socioeconomics and environmental justice;
     air quality and noise; and
     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.
    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 
\2\ and the Commission's natural gas environmental documents web page 
(https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive instant 
email notification when the environmental document is issued.
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    \2\ 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. Alternatives currently under consideration include:
     the no-action alternative, meaning the Project is not 
implemented; and
     a system alternative evaluating whether the Project 
purpose could be met by use of an existing pipeline system.
    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 and 
pipeline routes) that meet the Project objectives, are technically and 
economically feasible, and avoid or lessen environmental impact.

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.\3\ 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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    \3\ 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 July 19, 2022, 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 
February 2023.

Issuance of Notice of Availability of the final EIS--July 14, 2023
90-day Federal Authorization Decision Deadline \4\--October 12, 2023
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    \4\ 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.


[[Page 52381]]


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    If a schedule change becomes necessary for the final EIS, 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 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.

           Environmental Permits, Approvals, and Consultations
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                 Agency                    Permit or clearance required
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Federal Energy Regulatory Commission...  Certificate of Public
                                          Convenience and Necessity
                                          under Section 7(c) of the
                                          Natural Gas Act.
U.S. Army Corps of Engineers (USACE),    Clean Water Act Section 404,
 Baltimore and Pittsburgh District(s).    Pennsylvania State
                                          Programmatic General Permit.
Pennsylvania Department of               Clean Water Act Section 401,
 Environmental Protection (PADEP)         Water Quality Certification.
 Regional Permit Coordination Office.
U.S. Department of Interior, Fish and    Section 7 Endangered Species
 Wildlife Service (USFWS), Pennsylvania   Act Consultation; Migratory
 Field Office.                            Bird Treaty Act Consultation.
Pennsylvania State Historic              National Historic Preservation
 Preservation Office (SHPO).              Act, Section 106 Consultation.
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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; 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 proposed Project. State 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 [email protected] stating your 
request. You must include the docket number CP22-486-000 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 www.ferc.gov 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., 
CP22-486). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
[email protected] 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 https://www.ferc.gov/news-events/events along with 
other related information.

    Dated: August 19, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-18335 Filed 8-24-22; 8:45 am]
BILLING CODE 6717-01-P


