[Federal Register Volume 75, Number 75 (Tuesday, April 20, 2010)]
[Pages 20653-20656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9075]



[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 


[[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 

[[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 
 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

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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]