[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71596-71601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25465]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-495-000]


Transcontinental Gas Pipe Line Company, LLC; Notice of Intent To 
Prepare an Environmental Impact Statement for the Proposed Texas to 
Louisiana Energy Pathway 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 Texas to Louisiana Energy 
Pathway Project (Project) involving construction and operation of 
facilities by Transcontinental Gas Pipe Line Company, LLC (Transco) in 
Fort Bend and Hardin Counties, Texas. 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

[[Page 71597]]

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 December 16, 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.
    Transco 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) 
at the Landowner Topics link.

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 
[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 also 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'';
    (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-
495-000) 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; and
    (4) In lieu of sending written comments, the Commission invites you 
to attend the public scoping session its staff will conduct in the 
project area, scheduled as follows:

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               Date and time                          Location
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Thursday, December 15, 2022, 5:00 p.m.-     George Memorial Library,
 8:00 p.m.                                   1001 Golfview Drive,
                                             Richmond, Texas, (281) 341-
                                             2605.
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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. 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 session is scheduled from 5:00 p.m. to 8:00 p.m. 
Central Time Zone. You may arrive at any time after 5:00 p.m. There 
will not be a formal presentation by Commission staff when the session 
opens. If you wish to speak, the Commission staff will hand out numbers 
in the order of your arrival. Comments will be taken until 8:00 p.m. 
However, if no additional numbers have been handed out and all 
individuals who wish to provide comments have had an opportunity to do 
so, staff may conclude the session at 7:30 p.m. Please see appendix 2 
for additional information on the session format and conduct.\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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    Your scoping 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 5 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.
    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 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

    Transco proposes to construct and operate one new compressor 
station and modify one existing compressor station. The Project would 
increase the firm capacity of the system from 171,400 dekatherms per 
day (Dth/day) to 364,400 Dth/day. According to Transco,

[[Page 71598]]

its Project would provide year-round firm transportation capacity on 
Transco's mainline from the Valley Crossing Interconnection to the 
Station 65 Pooling Point.
    The Project would consist of the following facilities:
     construction of a new 15,900-horsepower compressor station 
in Fort Bend County, Texas, consisting of a natural gas-fired turbine-
driven compression unit with cooling (Compressor Station 33);
     modification of six existing compressors at Compressor 
Station 40 in Hardin County, Texas, to accommodate new flow conditions 
resulting from the Project; and
     programming updates (not involving the installation of any 
facilities or any ground disturbance) at existing Compressor Station 23 
in Victoria County, Texas, to allow for enhanced system operation in 
the northbound direction.
    The general location of the Project facilities is shown in appendix 
1.\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 
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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    Based on the environmental information provided by Transco, 
construction of the proposed facilities would disturb about 72 acres of 
land for the aboveground facilities. Following construction, Transco 
would maintain about 17 acres for operation of the proposed new Project 
facilities; the remaining acreage would be restored and revert to 
former uses. During construction of the aboveground facility, the 
temporary workspace would be utilized for contractor staging areas. No 
off-site contractor yards or staging areas would be required for 
construction of the Project. Existing public roads would be used to 
access the proposed compressor station site, and no new temporary or 
permanent access roads are proposed.
    Based on an initial review of Transco's proposal, Commission staff 
have identified several expected impacts that deserve attention in the 
EIS. The Project would result in impacts on air quality resulting from 
construction and operational emissions of greenhouse gases, and 
potentially from downstream emissions resulting from the increased firm 
capacity of the system. Additionally, the Project is within one 
environmental justice community and is within 0.5 mile of another 
environmental justice community. Only agricultural land would be 
impacted by the Project. It is not anticipated that the Project would 
impact waterbodies, wetlands, or archeological sites.

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;
     socioeconomics and environmental justice;
     land use;
     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.
    The EIS will present Commission staff's independent analysis of the 
issues. As of the date of this notice, there are no cooperating 
agencies in the preparation of the EIS.\3\ 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 \4\ 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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    \3\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at title 40 Code of Federal 
Regulations (CFR), section 1501.8. (2021).
    \4\ 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.\5\ Alternatives currently under consideration include:
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    \5\ 40 CFR 1508.1(z).
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     the no-action alternative, meaning the Project is not 
implemented;
     system alternatives, including alternative system 
configurations, pipeline loops, and alternative compression 
configurations; and
     site location alternatives for the new compressor station.
    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.\6\ 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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    \6\ 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 August 23, 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 June 
2023.

Issuance of Notice of Availability of the final EIS November 30, 2023

[[Page 71599]]

90-day Federal Authorization Decision Deadline \7\ February 28, 2024
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    \7\ 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.

    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.

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              Agency                         Permit/consultation
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FERC..............................  Certificate of Public Convenience
                                     and Necessity.
U.S. Fish and Wildlife Service....  Section 7 of the Endangered Species
                                     Act; Migratory Bird Treaty Act; and
                                     Bald and Golden Eagle Protection
                                     Act.
Texas Historical Commission.......  National Historic Preservation Act
                                     (NHPA) Section 106 Cultural
                                     Resources Review.
U.S. Army Corps of Engineers        Clean Water Act, water quality
 (delegated to Texas Commission on   certification.
 Environmental Quality).
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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 CP22-495-000 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 (i.e., CP22-495). 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: November 16, 2022.
Kimberly D. Bose,
Secretary.

Appendix 1

BILLING CODE 6717-01-P

[[Page 71600]]

[GRAPHIC] [TIFF OMITTED] TN23NO22.175


[[Page 71601]]



Appendix 2

Session Format

    FERC is conducting the session to solicit your scoping comments. 
There will not be a formal presentation by Commission staff; 
however, FERC staff is available to answer questions about the 
environmental review process. The session format is as follows:
     Tickets are handed out on a ``first come, first serve'' 
basis starting at the time listed in the Notice.
     Individuals are called in ticket number order to 
provide oral comments to be transcribed by a court reporter for the 
public record.
     Time limits on oral comments may be enforced to ensure 
that all those wishing to comment have the opportunity to do so 
within the designated session time.
     Written comments may be submitted in addition to, or in 
lieu of, oral comments.
     Additional materials about FERC and the environmental 
review process are available at information stations at the session.

Session Conduct

    Proper conduct will help the sessions maintain a respectful 
atmosphere for attendees to learn about the FERC Environmental 
Review Process and to be able to provide comments effectively.
     Loudspeakers, lighting, oversized visual aids, or other 
visual or audible disturbances are not permitted.
     Disruptive video and photographic equipment may not be 
used.
     Conversations should be kept to a reasonable volume. 
Attendees should be respectful of those providing oral comments to 
the court reporters.
     Recorded interviews are not permitted within the 
session space.
    FERC reserves the right to end the session if disruptions 
interfere with the opportunity for individuals to provide oral 
comments or if there is a safety or security risk.

Appendix 3

MAILING LIST UPDATE FORM

Texas to Louisiana Energy Pathway Project

Name-------------------------------------------------------------------
Agency-----------------------------------------------------------------
Address----------------------------------------------------------------
City-------------------------------------------------------------------
State------------------------------------------------------------------
Zip Code---------------------------------------------------------------

[square] Please update the mailing list
[square] Please remove my name from the mailing list
FROM-------------------------------------------------------------------
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ATTN: OEP--Gas 1, PJ--11.1
Federal Energy Regulatory Commission
888 First Street NE
Washington, DC 20426

(Docket No. CP22-495, Texas to Louisiana Energy Pathway Project)

Staple or Tape Here

[FR Doc. 2022-25465 Filed 11-22-22; 8:45 am]
BILLING CODE 6717-01-C


