[Federal Register Volume 71, Number 196 (Wednesday, October 11, 2006)]
[Notices]
[Pages 59849-59851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16807]


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DEPARTMENT OF STATE


Notice of Intent To Prepare an Environmental Impact Statement and 
To Conduct Scoping Meetings and Notice of Floodplain and Wetland 
Involvement; Transcanada Keystone Pipeline, L.P.

AGENCY: Department of State.

ACTION: Notice of Intent to Prepare an Environmental Impact Statement 
(EIS) and to Conduct Public Scoping Meetings. Notice of Floodplain and 
Wetlands Involvement.

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SUMMARY: TransCanada Keystone Pipeline, L.P. has applied to the United 
States Department of State for a Presidential Permit for the proposed 
construction, connection, operation, or maintenance, at the border of 
the United States of facilities for the importation of petroleum from a 
foreign country. The Department of State receives and considers 
applications for Presidential Permits for such energy-related pipelines 
pursuant to authority delegated to it by the President under Executive 
Order 13337 of April 30, 2004 (69 FR 25299). To issue a Permit, the 
Department of State must find that issuance would serve the national 
interest. It consults extensively with concerned Federal and State 
agencies, and invites public comment in arriving at its determination. 
With respect to the application submitted by TransCanada Keystone 
Pipeline, L.P., the Department of State has concluded that the issuance 
of the Presidential Permit would constitute a major Federal action that 
may have a significant impact upon the environment within the meaning 
of the National Environmental Policy Act of 1969 (NEPA). For this 
reason, Department of State intends to prepare an environmental impact 
statement (EIS) to address reasonably foreseeable impacts from the 
proposed action and alternatives, to include the proposed Cushing 
extension.
    The purpose of this Notice of Intent is to inform the public about 
the proposed action, announce plans for scoping meetings, invite public 
participation in the scoping process, and solicit public comments for 
consideration in establishing the scope and content of the EIS. As the 
proposed project may involve an action in a floodplain or wetland, the 
EIS will include a floodplain and wetlands assessment and floodplain 
statement of findings.

DATES: Department of State invites interested agencies, organization, 
and members of the public to submit comments or suggestions to assist 
in identifying significant environmental issues and in determining the 
appropriate scope of the EIS. The public scoping period starts with the 
publication of this Notice in the Federal Register and will continue 
until November 30, 2006. Written, electronic and oral comments will be 
given equal weight and State will consider all comments received or 
postmarked by November 30th in defining the scope of this EIS. Comments 
received or postmarked after that date will be considered to the extent 
practicable.
    During this public scoping period, the Department of State plans to 
use the scoping process to help identify consulting parties and 
historic preservation issues for consideration under Section 106 of the 
National Historic Preservation Act and its implementing regulations (36 
CFR Part 800).
    Dates and locations for the public scoping meetings are:
    1. October 24, 2006, 7 to 10 p.m., Michigan, North Dakota, Michigan 
Civic Center, 113 Broadway N., Michigan.
    2. October 24, 2006, 7 to 10 p.m., Yankton, South Dakota, Minerva 
Convention Centre at the Best Western, Kelley Inn, 1607 East Highway 
50, Yankton.
    3. October 25, 2006, 7 to 10 p.m., Lisbon, North Dakota, Commons 
Room, Lisbon High School, 502 Ash Street, Lisbon.
    4. October 25, 2006, 7 to 10 p.m., Stanton, Nebraska, VFW Meeting 
Hall, 1106 Veteran's Avenue, Stanton.
    5. October 28, 2006, 7 to 10 p.m., Clark, South Dakota, Clark 
Community Center, 120 N. Commercial Street, Clark.
    6. October 28, 2006, 7 to 10 p.m., Seward, Nebraska, Seward Civic 
Center, Auditorium, 616 Bradford St., Seward.
    7. November 1, 2006, 7 to 10 p.m., St. Charles, Missouri, Commons 
Area, Orchard Farm High School, 2165 Highway V, St. Charles.
    8. November 2, 2006, 7 to 10 p.m., Collinsville, Illinois, Gateway 
Center Marquette Room, One Gateway, Drive (Highway 157 & Eastport Plaza 
Drive), Collinsville.
    9. November 8, 2006, 7 to 10 p.m., Carrollton, Missouri, Rupe 
Community Building (Behind Fire Station, park on north side of 
building, do not block fire station) 710 Harvest Hills Road, 
Carrollton.
    10. November 9, 2006, 7 to 10 p.m., Seneca, Kansas, Nemaha 
Community Center, 1500 Community Drive, Seneca.
    11. November 14, 2006, 7 to 10 p.m., Abilene, Kansas, Abilene 
Convention & Visitor's Bureau, Historical Train Depot, 210 NW 2nd 
Street, Abilene.
    12. November 15, 2006, 7 to 10 p.m., El Dorado, Kansas, El Dorado 
Civic Center, Main Meeting Room, 210 E. Central, El Dorado.
    13. November 16, 2006, 7 to 10 p.m., Morrison, Oklahoma, Morrison 
Park Pavillion, Hwy 64 & Casey Trail, (One block from 7th Street), 
Morrison.
    The scoping meetings will be conducted in a workshop style. A court 
reporter will be present and will accept comments for the record.

ADDRESSES: Written comments or suggestions on the scope of the EIS 
should be addressed to: Elizabeth Orlando, OES/ENV Room 2657, U.S. 
Department of State, Washington, DC 20520. Comments may be submitted 
electronically to [email protected]. Public comments will be posted 
on the Web site identified below.

FOR FURTHER INFORMATION CONTACT: For information on the proposed 
project or to receive a copy of the Draft EIS when it is issued, 
contact Elizabeth Orlando at the address listed in the ADDRESSES 
section of this notice by electronic or regular mail as listed above, 
or by telephone (202) 647-4284, or by fax at (202) 647-5947.
    More information on the TransCanada Keystone Pipeline application 
for a Presidential Permit, including associated maps and drawings will 
be downloadable in its entirety from a Web site that is being 
established for this purpose: http://www.keystonepipeline.state.gov 
(hosted by Entrix, Department of State's contractor to perform the EIS 
study). This Web site is expected to be operational on or about October 
20, 2006. This Web site will accept public comments for the record.
    Department of State Presidential Permit information and process can 
also be found at the above internet address.
    A TransCanada hosted project Web site is also available at: http://www.transcanada.com/keystone/index.html. The Keystone Project toll-free 
number is: 1 (866) 717-7473 (United States and Canada).

SUPPLEMENTARY INFORMATION:

Background and Need for Agency Action

    TransCanada Keystone Pipeline, LP (Keystone) proposes to construct 
and operate an interstate crude oil pipeline and related facilities 
from an oil supply hub near Hardisty, Alberta, in Canada, to 
destinations in the United States. The proposed project, known as the

[[Page 59850]]

Keystone Pipeline Project, initially would have the nominal capacity to 
deliver 435,000 barrels per day (bpd) of crude oil from the oil supply 
hub near Hardisty to existing terminals at Wood River (Madison County) 
and Patoka (Marion County), Illinois. Additional pumping capacity could 
be added to increase the average throughput to 591,000 bpd if market 
conditions warrant expansion in the future. Keystone is considering the 
construction of two pipeline extensions to take crude oil from 
terminals at Fort Saskatchewan, Alberta, and deliver it to Cushing 
(Payne County), Oklahoma.
    As initially proposed, the Keystone Pipeline Project would consist 
of approximately 1,845 miles of pipeline, including about 767 miles in 
Canada and 1,078 miles within the United. States traversing the States 
of North Dakota, South Dakota, Nebraska, Missouri, Kansas and Illinois. 
The project is proposed to be located primarily in rural areas, with 
more populated areas occurring around Troy and St. Louis, Missouri and 
Wood River and Edwardsville, Illinois. These distances would increase 
if the proposed pipeline were extended to Fort Saskatchewan, Alberta, 
and/or Cushing, Oklahoma. U.S. counties that could possibly be affected 
by construction of the proposed pipeline, including the proposed 
Cushing extension are:
    North Dakota: Pembina, Cavalier, Walsh, Nelson, Steele, Barnes, 
Ransom, and Sargent.
    South Dakota: Marshall, Day, Clark, Beadle, Kingsbury, Miner, 
Hanson, McCook, Hutchinson, and Yankton; Nebraska: Cedar, Wayne, 
Stanton, Platte, Colfax, Butler, Seward, Saline, Jefferson, and Gage;
    Kansas: Marshall, Nemaha, Brown, Washington, Clay, Dickinson, 
Marion, Butler, Cowley and Doniphan;
    Missouri: Buchanan, Clinton, Caldwell, Carroll, Chariton, Randolph, 
Audrain, Montgomery, Lincoln, and St. Charles;
    Illinois: Madison, Bond, Fayette, Marion; and
    Oklahoma (under a possible future extension): Kay, Noble and Payne.
    In Canada, the project as proposed would involve the transfer to 
Keystone of an existing 530 mile, 34-inch-diameter pipeline currently 
owned by TransCanada and conversion of that line to crude oil service; 
construction of a new 237-mile pipeline extension from Hardisty to the 
existing pipeline; and construction of a pipeline extension from the 
existing pipeline to the U.S.-Canada border. Appropriate regulatory 
authorities in Canada will conduct an independent environmental review 
process for the Canadian facilities.
    In the United States, the proposed Keystone pipeline consists of 
1,023 miles of 30-inch pipe between the U.S.-Canada border in Cavalier 
County, North Dakota, and Wood River, Illinois, and a 55-mile segment 
of 24-inch pipeline between Wood River and Patoka, Illinois. In 
addition, Keystone may construct a 292-mile 36-inch pipeline, referred 
to as the ``Cushing Extension'', commencing in Platte County near the 
Nebraska-Kansas border and terminating at existing crude oil terminals 
in Cushing (Payne County), Oklahoma.
    Keystone proposes to construct the 30- and 36-inch pipelines within 
a 110-foot-wide corridor, consisting of both a temporary 60-foot-wide 
construction right-of-way (ROW) and a 50-foot permanent ROW. In 
Illinois, where a portion of the Keystone Pipeline is proposed to be 
24-inch pipeline, the proposed project would be constructed within a 
95-foot-wide corridor, consisting of both a temporary 45-foot-wide 
construction ROW and a 50-foot permanent ROW. Extra temporary workspace 
would be required in some locations, including stream, wetland and road 
crossings.
    Above ground facilities for the proposed Keystone pipeline include 
an initial 23 pump stations and 45 mainline valves located within the 
ROW. The pump stations would enable Keystone to maintain the pressure 
required to make crude oil deliveries. Valves are proposed to be 
installed and located as dictated by the hydraulic characteristics of 
the pipeline and as required by Federal regulations. Construction of 
delivery metering and other facilities at Wood River, Patoka, and 
Cushing would measure the amount of product transported and delivered 
to terminals.
    Above ground facilities for the proposed Cushing Extension include 
facilities at Ponca City and 12 mainline valves within the ROW. The 
delivery facility is proposed to be located adjacent to existing 
operational tanks in Ponca City and Cushing, Oklahoma.
    It is estimated that approximately 163 perennial waterbody 
crossings could occur during the proposed construction of the Keystone 
mainline and 81 perennial waterbody crossings could occur on the 
proposed Cushing extension. Proposed major river crossings include but 
are not limited to the Missouri, Platte, Chariton, Cuivre and 
Mississippi Rivers. Wetlands may be crossed by the proposed route of 
the main pipeline and the Cushing extension.
    New pump stations and remotely activated valves proposed to be 
located along the pipeline route require electrical transmission power 
lines and facility upgrades in multiple locations along its route. 
These proposed electrical components would be constructed and operated 
by local power providers, not Keystone. The construction and operation 
of these facilities are considered connected actions under the National 
Environmental Policy Act (NEPA) and, therefore, will be evaluated 
within the EIS.
    Keystone proposes to begin construction of the pipeline in early 
2008. Proposed construction would occur over an approximately 18-month 
period. Construction of the proposed Cushing Extension, if undertaken, 
is anticipated to commence in 2009 and require a 12-month period.

Land Requirements

    It is estimated that construction of the project as proposed would 
cause approximately 16,272 acres of land to be disturbed as temporary 
construction workspace; which would be restored after construction is 
complete. In addition, approximately 6,565 acres of land would be 
required as permanent ROW. Of that total, approximately 6,512 acres are 
proposed to be restored and returned to their previous use after 
construction. As proposed, approximately 53 acres of permanent ROW 
would not be restored but would serve to provide adequate space for 
above-ground facilities, including pump stations, valves, etc. for the 
life of the pipeline. As currently proposed, no federally owned lands 
appear to be implicated; however, some federally managed lands would be 
affected.
    If the proposed Cushing Extension were constructed as proposed, it 
is estimated that approximately 4,580 acres of additional land would be 
disturbed as temporary construction workspace, which would be restored 
after construction is complete. Approximately 1,789 acres of land would 
be required as permanent ROW. Of that total, approximately 1,778 acres 
are proposed to be restored and returned to their previous use after 
construction.

The EIS Process

    NEPA requires the Department of State to take into account the 
environmental impacts that could result from the approval of a 
Presidential Permit authorizing construction, operation, and 
maintenance of pipeline facilities for the importation of crude oil to 
be located at the international border of the United States and Canada. 
The

[[Page 59851]]

Department of State will use the EIS to assess the environmental impact 
that could result if the Keystone Pipeline Project is granted a 
Presidential Permit.
    NEPA also requires Department of State to identify concerns the 
public may have about proposals under consideration by the Department 
of State. This process is referred to as ``scoping.'' The main goal of 
the scoping process is to focus the analysis in the EIS on the 
important environmental issues. With this Notice of Intent, the 
Department of State is requesting public comments on the scope of the 
issues to be addressed in the EIS. All comments received during the 
scoping period will be considered during preparation of the EIS. 
Comments received after the close of the comment period will be 
considered to the extent practicable.
    In the EIS, Department of State will discuss impacts that could 
occur as a result of the construction and operation of the proposed 
project under these general headings:
     Geology and soils;
     Water resources;
     Fish, wildlife, and vegetation;
     Threatened and endangered species;
     Cultural resources;
     Land use, recreation and special interest areas; visual 
resources;
     Air quality and noise;
     Socioeconomics; and
     Reliability and safety.
    In the EIS, Department of State will also evaluate reasonable 
alternatives to the proposed project or portions of the project and 
make recommendations on how to lessen or avoid impacts on affected 
resources. In addition, a ``no action alternative'' will be considered.
    The Department of State's independent analysis of the issues will 
be included in a draft EIS. The draft EIS will be published and mailed 
to relevant Federal, State and local government agencies, elected 
officials, environmental and public interest groups, Native American 
tribes, affected landowners, commentors, local libraries, newspapers 
and other interested parties. A 45-day comment period will be allotted 
for review of the draft EIS. We will consider all timely comments on 
the draft EIS and revise the document, as necessary, before issuing a 
final EIS. We will consider all comments on the final EIS before 
reaching a conclusion on whether to grant Keystone a Presidential 
Permit authorizing construction, operation, and maintenance of pipeline 
facilities for the importation of crude oil to be located at the 
international border of the United States and Canada.

Currently Identified Environmental Issues

    The EIS will discuss impacts that could occur as a result of the 
construction, operation and maintenance of the proposed project. We 
have already identified several issues that we think deserve attention. 
This preliminary list of issues may be changed based on public comments 
and analysis.
     The minimization of construction rights-of-way and 
associated construction impacts.
     Potential effects on prime farmland and soils with a high 
potential for compaction.
     Potential impacts to existing land uses, including 
residences, agricultural and managed forested lands.
     Potential impacts to perennial and intermittent 
waterbodies, including waterbodies with Federal and/or State 
designations.
     Evaluation of the potential for temporary and permanent 
impacts on wetlands.
     Potential impacts to fish and wildlife habitat, including 
potential impacts to federally and State-listed threatened and 
endangered species.
     Potential impacts to wildlife management areas.
     Potential impacts and benefits of construction workforce 
on local housing, infrastructure, public services and economy.
     Public safety and potential hazards associated with the 
transport of crude oil.
     Alternative alignments for the pipeline route.
     Assessment of the effect of the proposed project when 
combined with other past, present, or reasonably foreseeable future 
actions in the project area.
     Public Participation.
    You are encouraged to become involved in this process and provide 
your specific comments or concerns about the proposed project. By 
becoming a commentor, your concerns will be addressed in the EIS and 
considered by the Department of State. Your comments should focus on 
the potential environmental impacts, reasonable alternatives (including 
alternative facility sites and alternative pipeline routes), and 
measures to avoid or lessen environmental impacts. The more specific 
your comments, the more useful they will be.
    The public scoping meetings identified above are designed to 
provide another opportunity to offer comments on the proposed project. 
Interested individuals and groups are encouraged to attend these 
meetings and to present comments on the environmental issues they 
believe should be addressed in the EIS. Again, written comments are 
considered with equal weight in the process relative to those received 
in public scoping meetings.

    Issued in Washington, DC on October 4, 2006.
David Brown,
Director, Bureau of Oceans and International Environmental and 
Scientific Affairs/Office of Environmental Policy, U.S. Department of 
State.
 [FR Doc. E6-16807 Filed 10-10-06; 8:45 am]
BILLING CODE 4710-05-P