[Federal Register Volume 73, Number 86 (Friday, May 2, 2008)]
[Notices]
[Pages 24276-24279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9774]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP07-62-000; CP07-63-000; CP07-64-000; CP07-65-000]


AES Sparrows Point LNG, LLC; Mid-Atlantic Express, L.L.C; COE 
Application No. CENAB-OP-RMN (2007-01644-M16); Notice of Availability 
of the Draft Environmental Impact Statement for the Proposed Sparrows 
Point LNG Terminal and Pipeline Project

April 25, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) in cooperation with the U.S. Army Corps of Engineers (COE), 
the U.S. Coast Guard, (Coast Guard), and the U.S. Environmental 
Protection Agency (EPA) has prepared a draft Environmental Impact 
Statement (EIS) for a liquefied natural gas (LNG) import terminal 
expansion and natural gas pipeline facilities proposed by AES Sparrows 
Point LNG, LLC and Mid-Atlantic Express, L.L.C. (collectively referred 
to as AES) in the above-referenced dockets. The draft EIS was prepared 
to satisfy the requirements of the National Environmental Policy Act 
(NEPA). The FERC staff concludes that approval of the proposed project 
with appropriate mitigating measures, as recommended, would have mostly 
limited adverse environmental impact.
    This is a joint public notice by the FERC and COE to advertise:
     The availability of the draft EIS;
     The scheduling of the joint FERC public meetings/COE 
public hearings on June 9, 11, and 12, 2008; and
     The submission of a Department of the Army permit 
application CENAB-OP-RMN (AES Sparrows Point LNG & Mid-Atlantic Express 
LLC/Dredging & Pipeline) 2007-01644-M16.
    AES proposes to construct and operate an LNG import terminal in an 
industrial port setting on Sparrows

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Point, in Baltimore County, Maryland. The LNG terminal would consist of 
facilities capable of unloading LNG ships, storing up to 480,000 cubic 
meters (m3) of LNG (10.2 billion cubic feet of natural gas 
equivalent), vaporizing the LNG, and sending out natural gas at a 
baseload rate of 1.5 billion cubic feet per day (Bcfd). The maximum 
potential gas sendout capacity without expansion is 1.595 Bcfd. Mid-
Atlantic Express proposes to interconnect the LNG facilities with three 
existing interstate natural gas pipelines by construction of a single, 
approximate 88 mile pipeline north, to the vicinity of Eagle, 
Pennsylvania.
    The draft EIS addresses the potential environmental effects of the 
construction and operation of the following LNG terminal and natural 
gas (steel) pipeline facilities.
     A ship unloading facility, with two berths, capable of 
receiving LNG ships with capacities up to 217,000 m3;
     Three 160,000 m3 (net capacity) full-
containment LNG storage tank, comprised of 9 percent nickel inner tank, 
pre-stressed concrete outer tank, and a concrete roof;
     A closed-loop shell and tube heat exchanger vaporization 
system;
     Various ancillary facilities including administrative 
offices, warehouse, main control room, security building, and a 
platform control room;
     Meter and regulation station within the LNG Terminal site;
     Dredging an approximate 118 acre area in the Patapsco 
River to -45 feet below mean lower low water to accommodate the LNG 
vessels; and
     Approximately 88 miles of 30-inch-diameter natural gas 
pipeline (steel) (approximately 48 miles in Maryland and 40 miles in 
Pennsylvania), a pig launcher and receiver facility at the beginning 
and ending of the pipeline, 9 mainline valves, and three meter and 
regulation stations, one at each of three interconnection sites at the 
end of the pipeline.

COE Permitting Requirements

    AES Sparrows Point LNG, LLC and Mid-Atlantic Express, L.L.C. have 
applied, concurrently, to the COE for a Department of the Army 
Individual permit pursuant to Section 404 of the Clean Water Act (CWA) 
(33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899 
(33 U.S.C. 403) for proposed dredging and structures in and under 
navigable waters of the United States and the discharge of dredged, 
excavated, and/or fill material into waters of the United States, 
including jurisdictional wetlands, to construct the preferred 
alternative identified in the draft EIS. The decision whether to issue 
the permits will be based on an evaluation of the probable impacts, 
including cumulative impacts, of the proposed project on the public 
interest. The project would result in permanent and temporary impacts 
to approximately 19.43 acres of wetlands (including the permanent 
conversion of approximately 4.5 acres of forested wetlands to emergent 
or scrub/shrub wetlands), and 14,002 linear feet (4.07 acres) of 
streams. See Table 4.4.2-1 and Appendix I in the draft EIS for each 
stream/wetland crossing location, description, and impact. In addition, 
the applicant is proposing to dredge approximately 3.7 million cubic 
yards of sediment from an approximate 118 acre area in the Patapsco 
River to -45 feet below mean lower low water, and dispose of the dredge 
material by beneficial reuse (e.g., abandoned mine reclamation, 
landfill capping), or disposal in a landfill. The applicant has not 
submitted an aquatic resources compensatory mitigation plan to the COE; 
however, it is anticipated that a compensatory mitigation plan will be 
included in the final EIS.
    The decision will reflect the national concern for the protection 
and utilization of important resources. The benefits, which would be 
reasonably expected to accrue from the proposed project, must be 
balanced against its reasonably foreseeable detriments. All factors, 
which may be relevant to the proposed work, will be considered, 
including the cumulative effects thereof; among those are conservation, 
economics, aesthetics, general environmental concerns, wetlands, 
cultural values, fish and wildlife values, flood hazards, floodplain 
values, land use, navigation, shore erosion and accretion, recreation, 
water supply and conservation, water quality, energy needs, safety, 
food and fiber production, consideration of property ownership, and in 
general, the needs and welfare of the people.
    The COE is soliciting comments from the public; federal, state, and 
local agencies and officials; Indian tribes; and other interested 
parties in order to consider and evaluate the impacts of the proposed 
project. Any comments received will be considered by the COE to 
determine whether to issue, modify, condition or deny a permit for the 
proposal. To make this decision, the COE uses comments received to 
access impacts on endangered species, historic properties, water 
quality, general environmental effects, and the other public interest 
factors listed above.
    The evaluation of the impact of the work described above on the 
public interest will also include application, by the COE, of the 
Guidelines [section 404(b)(1)] promulgated by the Administrator, EPA, 
under authority of section 404 of the CWA.
    For COE permitting purposes, the applicant is required to obtain a 
Water Quality Certification in accordance with Section 401 of the CWA 
from the Maryland Department of the Environment (MDE) and the 
Pennsylvania Department of Environmental Protection (PDEP). The COE 
hereby requests that MDE and PDEP review the proposed discharges for 
compliance with the applicable water quality standards. The Section 401 
certifying agencies have a statutory limit of one year in which to make 
their decisions. Additionally, for COE permitting purposes, the 
applicant is required to obtain Coastal Zone Management Consistency 
concurrence from the MDE, as well. It should be noted that the MDE has 
a statutory limit of 6 months in which to make its consistency 
determination.
    Joint FERC Public Meetings/COE Public Hearings are held to provide 
interested individuals with the opportunity to present information 
about the effects of the project, including its social, economic and 
environmental effects. These meetings/hearings provide the opportunity 
for interested parties to present views, opinions, and information that 
will be considered by the FERC and the COE in evaluating the proposed 
project.

Coast Guard Permitting Requirements

    The Coast Guard within the U.S. Department of Homeland Security is 
also participating as a cooperating agency in the preparation of the 
EIS because it exercises regulatory authority over LNG facilities that 
affect the safety and security of port areas and navigable waterways 
under Executive Order 10173; the Magnuson Act (50 U.S.C. 191); the 
Ports and Waterways Safety Act of 1972, as amended (33 U.S.C. 1221, et. 
seq.); and the Maritime Transportation Security Act of 2002 (46 U.S.C. 
701). The Coast Guard also has authority for LNG facility plan review, 
approval and compliance verification as provided in Title 33 Code of 
Federal Regulations (CFR) Part 105, and siting as it pertains to the 
management of vessel traffic in and around the LNG facility. As 
required by its regulations, the Coast Guard is responsible for issuing 
a Letter of Recommendation (LOR) as to the suitability of the waterway 
for LNG marine traffic. The Coast Guard plans to adopt the EIS if it 
adequately covers the impacts associated with issuance of the LOR.

[[Page 24278]]

Comment Procedures and FERC Public Meetings/COE Public Hearings

    Any person wishing to comment on the draft EIS may do so. To ensure 
consideration prior to a Commission decision on the proposal, it is 
important that we receive your comments before the date specified 
below. Please carefully follow these instructions to ensure that your 
comments are received and properly recorded:
     Send an original and two copies of your comments to: 
Kimberly D. Bose, Federal Energy Regulatory Commission, 888 First 
Street, NE., Room 1A, Washington, DC 20426.
     Reference Docket Nos. CP07-62-000, CP07-63-000, CP07-64-
000, and CP07-65-000.
     Label one copy of the comments for the attention of Gas 
Branch 2.
     Mail your comments so that they will be received in 
Washington, DC on or before June 16, 2008.
    The Commission strongly encourages electronic filing of any 
comments or interventions to this proceeding. See 18 CFR 385.2001 
(a)(1)(iii) and the instructions on the Commission's Web site at http://www.ferc.gov under the link to ``Documents and Filings'' and 
``eFiling.'' eFiling is a file attachment process and requires that you 
prepare your submission in the same manner as you would if filing on 
paper, and save it to a file on your hard drive. New eFiling users must 
first create an account by clicking on ``Sign up'' or ``eRegister.'' 
You will be asked to select the type of filing you are making. This 
filing is considered a ``Comment on Filing.'' In addition, there is a 
``Quick Comment'' option available, which is an easy method for 
interested persons to submit text only comments on a project. The 
Quick-Comment User Guide can be viewed at http://www.ferc.gov/docs-filing/efiling/quick-comment-guide.pdf. Quick Comment does not require 
a FERC eRegistration account; however, you will be asked to provide a 
valid email address. All comments submitted under either eFiling or the 
Quick Comment option are placed in the public record for the specified 
docket or project number(s).
    The COE public hearings provide members of the public the 
opportunity to present views, opinions, and information which will be 
considered by the COE in evaluating the Department of the Army permit. 
All comments received will become part of the formal project record. 
Copies of any written statements expressing concern for aquatic 
resources may be submitted to:
     Mr. Joseph P. DaVia, U.S. Army Corps of Engineers, 
Baltimore District, Attention: CENAB-OP-RMN, P.O. Box 1715, Baltimore, 
Maryland 21203-1715.
    The COE public hearing comment period closes on June 26, 2008.
    In addition to or in lieu of sending written comments, we invite 
you to attend one of the FERC public meetings/COE public hearings we 
have scheduled at 7 p.m. (EDT) as follows:

Monday, June 9, 2008, Patapsco High School auditorium, 8100 Wise 
Avenue, Baltimore, MD, 410-887-7060.
Wednesday, June 11, 2008, East Brandywine Fire Hall, 2096 Bondsville 
Road, Downingtown, PA, (610) 269-1817.
Thursday, June 12, 2008, Richlin Ballroom, 1700 Van Bibber Rd., 
Edgewood, MD, (410) 671-7500.

    Interested groups and individuals are encouraged to attend and 
present oral comments on the draft EIS. Transcripts of the meetings 
will be prepared.
    After these comments are reviewed, any significant new issues are 
investigated, and modifications are made to the draft EIS, a final EIS 
will be published and distributed by the staff. The final EIS will 
contain the staff's responses to timely comments received on the draft 
EIS.
    Comments will be considered by the Commission but will not serve to 
make the commenter a party to the proceeding. Any person seeking to 
become a party to the proceeding must file a motion to intervene 
pursuant to Rule 214 of the Commission's Rules of Practice and 
Procedures (18 CFR 385.214). Anyone may intervene on this proceeding 
based on this draft EIS. You must file your request to intervene as 
specified above.\1\ You do not need intervenor status to have your 
comments considered.
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    \1\ Interventions may also be filed electronically via the 
Internet in lieu of paper. See the previous discussion on filing 
comments electronically.
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    The draft EIS has been placed in the public files of the FERC and 
is available for distribution and public inspection at: Federal Energy 
Regulatory Commission, Public Reference Room, 888 First Street, NE., 
Room 2A, Washington, DC 20426, (202) 208-1371.
    The draft EIS is also available for review and inspection (not for 
distribution) at the locations listed below:

Chester County Library, 450 Exton Square Parkway, Exton, PA 19341.
Harford County Public Library, Bel Air Branch, 100 E. Pennsylvania 
Ave., Bel Air, MD 21014.
North Point Library, 1716 Merritt Boulevard, Baltimore, MD 21222.
U.S. Army Corps of Engineers, Baltimore District, Regulatory Branch, 
City Crescent Building, 10 South Howard Street, Baltimore, MD 21201, 
(410) 962-3670.
U.S. Army Corps of Engineers, Philadelphia District, Regulatory Branch, 
John Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107, 
(215) 656-6836.

    Hard-copies of the draft EIS have been mailed to federal, state, 
and local agencies; public interest groups; individuals and affected 
landowners who requested a copy of the draft EIS or provided comments 
during scoping; libraries; newspapers; and parties to this proceeding. 
In the alternate, those persons or organizations who were identified as 
potential stakeholders on this environmental mailing list are receiving 
an Executive Summary document and a full version of the draft EIS on 
CD-ROM. A limited number of documents and CD-ROMs are available from 
the Public Reference Room identified above. In addition, hard-copies of 
the document are also available for reading at public libraries along 
the proposed project route, listed above.
    To reduce printing and mailing costs, the final EIS will be issued 
in both CD-ROM and hard-copy formats. In a separate mailing, the 
parties on the current mailing list for the draft EIS will be sent a 
postcard providing an opportunity for them to select which format of 
the final EIS they wish to receive. The FERC strongly encourages the 
use of the CD-ROM format in its publication of large documents. If you 
wish to receive a paper copy of the final EIS instead of CD-ROM, you 
must return the postcard indicating that choice.
    Additional information about the project is available from the 
Commission's Office of External Affairs, at 1-866-208-FERC or on the 
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link. 
Click on the eLibrary link, click on ``General Search'' and enter the 
docket number excluding the last three digits (i.e., CP07-62) in the 
Docket Number field. Be sure you have selected an appropriate date 
range. For assistance, please contact FERC Online Support at 
[email protected] or toll free at 1-866-208-3676, or for TTY, 
contact (202) 502-8659. The eLibrary link on the FERC Internet Web site 
also provides access to the texts of formal documents issued by the 
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission now offers a free service called 
eSubscription

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which allows you to keep track of all formal issuances and submittals 
in specific dockets. This can reduce the amount of time you spend 
researching proceedings by automatically providing you with 
notification of these filings, document summaries and direct links to 
the documents. Go to the eSubscription link on the FERC Internet Web 
site.
    It is requested that you communicate the foregoing information 
concerning the proposed work to any persons known by you to be 
interested and not being known to this office, who did not receive a 
copy of this notice.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-9774 Filed 5-1-08; 8:45 am]
BILLING CODE 6717-01-P