[Federal Register Volume 75, Number 75 (Tuesday, April 20, 2010)]
[Notices]
[Pages 20653-20656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9075]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice: 6959]
Notice of Availability of the Draft Environmental Impact
Statement for the Proposed TransCanada Keystone XL Pipeline Project
April 16, 2010.
AGENCY: Department of State.
ACTION: Notice of Availability of the Draft Environmental Impact
Statement (EIS) for the Proposed TransCanada Keystone XL Pipeline
Project.
-----------------------------------------------------------------------
[[Page 20654]]
SUMMARY: The Department of State (DOS) has prepared a draft
Environmental Impact Statement (EIS) for the Proposed TransCanada
Keystone XL Pipeline Project. On September 19, 2008, TransCanada
Keystone Pipeline, LP (Keystone) filed an application for a
Presidential permit for the construction, operation, and maintenance of
pipeline facilities at the border of the U.S. and Canada for the
transport of crude oil across the U.S.-Canada international boundary.
The Secretary of State is designated and empowered to receive all
applications for Presidential permits, as referred to in Executive
Order 13337, as amended, for the construction, connection, operation,
or maintenance, at the borders of the United States, of facilities for
the exportation or importation of petroleum, petroleum products, coal,
or other fuels to or from a foreign country. Keystone has requested
authorization to construct and operate border crossing facilities at
the U.S.-Canadian border in Phillips County, near Morgan, Montana, in
connection with its proposed international pipeline project (the
Keystone XL Pipeline Project) that is designed to transport Canadian
crude oil production from the Western Canadian Sedimentary Basin (WCSB)
to destinations in the south central United States, including to an
existing oil terminal in Cushing, Oklahoma, and to existing delivery
points in the Port Arthur and East Houston areas of Texas.
SUPPLEMENTARY INFORMATION: The draft EIS was prepared consistent with
the requirements of the National Environmental Policy Act (NEPA) and
evaluates the potential environmental impacts of the proposed pipeline
project. The draft EIS was also prepared consistent with the
requirements of the Montana Environmental Policy Act (MEPA) and the
Montana Major Facility Siting Act (MFSA). The draft EIS evaluates
alternatives to the proposal, including system alternatives and
pipeline route alternatives.
The Federal and State agencies that are serving as Cooperating
Agencies in the development of the EIS include: U.S. Environmental
Protection Agency; U.S. Department of the Interior--Bureau of Land
Management (BLM), National Park Service, and U.S. Fish and Wildlife
Service; U.S. Department of Agriculture--Natural Resources Conservation
Service, Farm Service Agency, and Rural Utilities Service; U.S. Army
Corps of Engineers; U.S. Department of Energy, Western Area Power
Administration; U.S. Department of Transportation, Pipeline and
Hazardous Materials Safety Administration, Office of Pipeline Safety;
and Montana Department of Environmental Quality (MDEQ). Cooperating
agencies either have jurisdiction by law or special expertise with
respect to the environmental impacts assessed in connection with the
proposal and are participating with the DOS in analysis of those
environmental impacts.
BLM has authority to issue right-of-way (ROW) grants for all
affected Federal lands under the Mineral Leasing Act (MLA) of 1920, as
amended (30 U.S.C 181 et seq.) excluding National Park Service lands
and the public lands BLM administers under the Federal Land Policy and
Management Act of 1976. BLM will consider the issuance of a new ROW
grant and issuance of associated temporary use permits that would apply
to BLM-managed lands crossed by the Keystone XL Project, as well as all
other Federal lands affected. Conformance with land use plans and
impacts on resources and programs will be considered in determining
whether or not to issue a ROW grant. BLM staff is participating in
agency meetings and assisting Keystone with routing across BLM lands.
BLM's purpose and need in preparing an EIS under NEPA for the
proposed Keystone XL Project is to approve, approve with modification,
or deny Keystone's application under section 28 of the MLA, as amended,
for a ROW grant to construct, operate, and decommission a crude oil
pipeline and related facilities on public Federal lands in the United
States. The proposed ROW action appears consistent with approved BLM
land use planning. For the decision to be made, BLM will decide whether
or not to grant a ROW across Federal lands, and if so, under what terms
and conditions.
The draft EIS addresses the potential environmental effects of the
construction and operation of the United States portion of the Keystone
XL Pipeline Project. The Keystone XL Project initially would have
nominal transport capacity of 700,000 barrels per day (bpd) of crude
oil, with up to 200,000 bpd delivered to an existing terminal in
Cushing, Oklahoma and the remaining amount shipped to existing delivery
points in Nederland (near Port Arthur), Texas, and Moore Junction (in
Harris County), Texas. According to Keystone, additional pumping
capacity could be added to increase the average throughput to 900,000
bpd, if warranted by future shipper demand and market conditions, with
the additional 200,000 bpd transported to delivery points in the U.S.
Gulf Coast. In total, the Project would consist of approximately 1,707
miles of new, 36-inch-diameter pipeline, with approximately 327 miles
of pipeline in Canada and 1,380 miles in the U.S.
In Canada, Keystone filed an application on February 27, 2009, with
the National Energy Board (NEB) requesting approval to construct and
operate the Canadian portion of the Keystone XL Pipeline. NEB conducted
oral public hearings from September 15-18, September 21-25, and October
1-2, 2009, for a total of 11 hearing days. Appropriate regulatory
authorities in Canada conducted an independent environmental review
process for the proposed Canadian facilities. As a Responsible
Authority under the Canadian Environmental Assessment (CEA) Act, the
NEB completed an Environmental Screening Report (ESR) pursuant to the
CEA Act. On March 11, 2010, the NEB released its Reasons for Decision
approving the application by Keystone. The ESR was included as an
appendix to the NEB Reasons for Decision document.
The draft EIS prepared by the DOS describes and evaluates the U.S.
portion of the proposed Keystone XL Project. Keystone intends to
construct the 36-inch-diameter pipelines within a 110-foot-wide
corridor, consisting of a temporary 60-foot-wide construction ROW and a
50-foot-wide permanent ROW. The Keystone XL Project would require
construction of pump stations, pigging (cleaning) facilities, delivery
facilities, and densitometer sites (for detection of crude oil batch
interfaces). Mainline valves (MLVs) would be placed along the pipeline
at locations necessary to maintain adequate flow through the pipeline.
Keystone has advised DOS that valves would be installed and located as
dictated by the hydraulic characteristics of the pipeline and as
required by Federal regulations, with the intent to provide for public
safety and environmental protection as part of pipeline integrity
management practices. The electrical pumps at the Project pump stations
would require power delivery through electrical power distribution
lines and associated substations as appropriate. Although these
facilities would be constructed by other entities that would be
responsible for obtaining any necessary Federal, State, and local
approvals or authorizations, the construction and operation of these
facilities are considered connected actions under NEPA and therefore
are considered within this draft EIS. Additionally, the power
requirements for several pump stations in South Dakota at full pipeline
throughput would require construction and operation of a new 230-kv
electrical
[[Page 20655]]
transmission line to support regional power grid system reliability. A
portion of this transmission line would be constructed by Western Area
Power Administration and a portion would be constructed by Basin
Electric Power Cooperative. These are both considered connected actions
under NEPA and are therefore considered within this draft EIS.
U.S. counties that could possibly be affected by construction of
the proposed pipeline are:
Montana: Phillips, Valley, McCone, Dawson, Prairie, Fallon
South Dakota: Harding, Butte, Perkins, Meade, Pennington,
Haakon, Jones, Lyman, Tripp
Nebraska: Keya Paha, Rock, Holt, Garfield, Wheeler, Greeley,
Boone, Nance, Merrick, Hamilton, York, Fillmore, Saline, Jefferson
Kansas: Clay, Butler
Oklahoma: Atoka, Bryan, Coal, Creek, Hughes, Lincoln,
Okfuskee, Payne, Seminole
Texas: Angelina, Cherokee, Delta, Fannin, Franklin, Hardin,
Hopkins, Jefferson, Lamar, Liberty, Nacogdoches, Polk, Rusk, Smith,
Upshur, Wood, Chambers, Harris
Comment Procedures and Public Meetings: Any person wishing to
comment on the draft EIS may do so. To ensure consideration prior to
issuance of the final EIS (a prerequisite to a DOS decision on the
proposal), it is important that we receive your comments by no later
than May 31, 2010.
Options for submitting comments on the Draft EIS are as follows:
By mail to: Elizabeth Orlando, Keystone XL Project
Manager, US Department of State, OES/ENV Room 2657, Washington, DC
20520. Please note that Department of State mail can be delayed due to
security screening.
Fax to: (202) 647-1052, attention Elizabeth Orlando.
E-mail to: [email protected].
Comment over the internet via the Keystone XL EIS Web
site: http://www.keystonepipeline-xl.state.gov.
Comments received will be included in the public docket without
change and may be made available on-line at http://www.keystonepipeline-xl.state.gov, including any personal information
provided, unless the commenter indicates that the comment includes
information claimed to be Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI, or otherwise
protected, through e-mail. If you send a comment by e-mail, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, we recommend that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If we cannot read your
comment because of technical difficulties and cannot contact you for
clarification, we may not be able to consider your comment. Electronic
comments should avoid the use of any special characters, any form of
encryption, and be free of any defects or viruses.
In addition to or in lieu of sending written comments, DOS invites
you to attend the public meetings listed below that are intended to
allow officers from DOS and the Cooperating Agencies to receive
comments on the draft EIS. The public meetings will be conducted in a
workshop style. A court reporter will be present and will accept oral
comments for the record, which carry the same validity as written
comments, and will also be addressed in the final EIS. The meetings in
Montana will be considered official hearings in accordance with MEPA
guidelines. Dates and locations for the public meetings are:
Monday, May 3, 2010, 7 to 9 p.m., Durant, Oklahoma, Holiday
Inn Express Hotel, 613 University Pl., Durant, OK 74701.
Tuesday, May 4, 2010, 7 to 9 p.m., Stroud, Oklahoma, Best
Western Stroud Motor Lodge, 1200 N. 8th Avenue, Stroud, OK 74079.
Wednesday, May 5, 2010, 7 to 9 p.m., El Dorado, Kansas,
Holiday Inn Express Hotel, 3100 El Dorado Avenue, El Dorado, KS 67042.
Thursday, May 6, 2010, 12 to 2 p.m., Fairbury, Nebraska, Rock
Island Railroad Depot, 910 Second Street, Fairbury, NE 68352.
Monday, May 10, 2010, 7 to 9 p.m., York, Nebraska, York
Auditorium, 211 E. 7th Street, York, NE, 68467.
Tuesday, May 11, 2010, 7 to 9 p.m., Atkinson, Nebraska,
Atkinson Community Center, 206 W. 5th Street, Atkinson, NE 68713.
Wednesday, May 12, 2010, 7 to 9 p.m., Murdo, South Dakota,
Triple H Restaurant (Interstate 90, Exit 192), 601 5 Street, Murdo, SD
57559.
Thursday, May 13, 2010, 12 to 2 p.m., Faith, South Dakota,
Community Legion Hall, Main Street, Faith, SD 57626.
Thursday, May 13, 2010, 7 to 9 p.m., Buffalo, South Dakota,
Harding County Memorial Recreation Center, 204 Hodges Street, Buffalo,
SD 57720.
Monday, May 17, 2010, 7 to 9 p.m., Beaumont, Texas, American
Legion Hall 817, 3430 West Cardinal Drive, Beaumont, TX 77705.
Tuesday, May 18, 2010, 7 to 9 p.m., Liberty, Texas, VFW Hall,
1520 North Main Street, Liberty, TX 77575.
Wednesday, May 19, 2010, 7 to 9 p.m., Livingston, Texas,
Livingston Junior High School, 1801 Highway 59 Loop North, Livingston,
TX 77351.
Thursday, May 20, 2010, 7 to 9 p.m., Tyler, Texas, Ramada
Hotel and Conference Center, 3310 Troup Highway SE. Loop 323 & Highway
110 North, Tyler, TX 75701.
Monday, May 17, 2010, 7 to 9 p.m., Malta, Montana, Great
Northern Hotel, 2 South 1st Street East, Malta, MT 59538.
Tuesday, May 18, 2010, 12 to 2 p.m., Glasgow, Montana
Cottonwood Inn and Suites, Highway 2 East, Glasgow, MT 59230.
Tuesday, May 18, 2010, 7 to 9 p.m., Terry, Montana Terry High
School, 215 East Park, Terry, MT 59349.
Wednesday, May 19, 2010, 12 to 2 p.m., Circle, Montana,
Schmidt Super Value, 105 10th Street, Circle, MT 59215.
Wednesday, May 19, 2010, 7 to 9 p.m., Glendive, Montana,
Dawson Community College, 300 College Drive, Glendive, MT 59330.
Thursday, May 20, 2010, 12 to 2 p.m., Baker, Montana, Thee
Garage and Steakhouse, 19 West Montana Avenue, Baker, MT 59313.
Any significant new issues that are identified within the comment
period will be analyzed and the draft EIS will be modified as
appropriate. A final EIS will then be published and distributed by DOS
and the Cooperating Agencies. The final EIS will contain the DOS
responses to timely comments received on the draft EIS, including oral
comments received during public meetings, and will also contain MDEQ
responses to timely comments as required under MEPA. Copies of the
draft EIS have been mailed to interested Federal, State and local
agencies; public interest groups; individuals and affected landowners
who requested a copy of the draft EIS or who provided comments during
the scoping process; libraries; newspapers; and other stakeholders.
FOR FURTHER INFORMATION CONTACT: The TransCanada Keystone Pipeline
application for a Presidential Permit, including associated maps and
drawings; the draft EIS; a list of libraries where the draft EIS may be
viewed; and other project information are available
[[Page 20656]]
for viewing and download at the project Web site: http://www.keystonepipeline-xl.state.gov.
For information on the proposed project or the draft EIS contact
Elizabeth Orlando, OES/ENV Room 2657, U.S. Department of State,
Washington, DC, 20520, or by telephone (202) 647-4284, or by fax at
(202) 647-1052.
Issued in Washington, DC, on April 16, 2010.
Willem Brakel,
Director, Bureau of Oceans and International Environmental and
Scientific Affairs/Office of Environmental Policy, Department of State.
[FR Doc. 2010-9075 Filed 4-19-10; 8:45 am]
BILLING CODE 4710-07-P