[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Notices]
[Pages 43965-43967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18276]
[[Page 43965]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. PF10-17-000]
Texas Eastern Transmission, LP; Algonquin Gas Transmission, LLC;
Notice of Intent To Prepare an Environmental Impact Statement for the
Planned New Jersey-New York Expansion Project, Request for Comments on
Environmental Issues, and Notice of Public Scoping Meetings
July 16, 2010.
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will address the environmental impacts of the New Jersey-New York
Expansion Project (NJ-NY Expansion Project or Project) involving
construction and operation of facilities by Spectra Energy Corporation
(Spectra Energy) natural gas pipeline companies; Texas Eastern
Transmission, LP (Texas Eastern) and Algonquin Gas Transmission, LLC
(Algonquin) (collectively, the Applicants); in the Boroughs of Staten
Island and Manhattan, New York; Hudson, Union, Bergen, and Morris
Counties, New Jersey; and Middlesex County, Connecticut. This EIS will
be used by the Commission in its decision-making process to determine
whether the project is in the public convenience and necessity.
This notice announces the opening of the scoping process that the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues need to be evaluated in the EIS. Please note that
the scoping period will close on August 20, 2010.
This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives are asked to notify their constituents of this planned
project and encourage them to comment on their areas of concern.
Comments may be submitted in written form or verbally. Further
details on how to submit written comments are provided in the Public
Participation section of this notice. In lieu of or in addition to
sending written comments, we \1\ invite you to attend the public
scoping meetings scheduled as follows:
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\1\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).
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Date and time Location
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August 2, 2010, 7 p.m. EDT........ Knights of Columbus Hall, 669 Avenue
C, Bayonne, New Jersey 07002.
August 3, 2010, 7 p.m. EDT........ PS 44--Thomas C. Brown School
Auditorium, 80 Maple Parkway,
Staten Island, New York 10303.
August 4, 2010, 7 p.m. EDT........ James J. Ferris High School
Auditorium, 35 Colgate Street,
Jersey City, New Jersey 07302.
August 5, 2010, 7 p.m. EDT........ Westbeth Artists Housing Community
Room, 55 Bethune Street, New York,
New York 10014.
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The public meetings are designed to provide you with more detailed
information and another opportunity to offer your comments on the
proposed project. Texas Eastern and Algonquin representatives will be
present one hour before each meeting to describe their proposal,
present maps, and answer questions. Interested groups and individuals
are encouraged to attend the meetings and to present comments on the
issues they believe should be addressed in the EIS. A transcript of
each meeting will be made so that your comments will be accurately
recorded.
If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the planned facilities.
The pipeline company would seek to negotiate a mutually acceptable
agreement. However, if the Project is approved by the Commission, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation proceedings where compensation
would be determined in accordance with state law.
A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility on My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (http://www.ferc.gov). This fact sheet
addresses a number of typically-asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.
Summary of the Proposed Project
Texas Eastern and Algonquin have announced their plans to construct
and operate approximately 20.0 miles of new 42-inch-diameter and 30-
inch-diameter pipeline and associated pipeline facilities, and abandon
2.2 miles of 12-inch-diameter pipeline in New Jersey, New York, and
Connecticut. The NJ-NY Expansion Project would provide about 800
thousand dekatherms per day (Mdt/d) of natural gas from multiple
receipt points on the Texas Eastern and Algonquin pipeline systems to
new delivery points in New Jersey and New York. The Applicants have
indicated that the project would eliminate capacity constraints in the
region, increase competition, and reduce gas price volatility.
The NJ-NY Expansion Project would consist of the following:
Replacement of approximately 4.5 miles of existing 12-
inch-diameter and 20-inch-diameter pipelines with a single 42-inch-
diameter pipeline between Texas Eastern's existing Linden Compressor
Station in Linden, New Jersey and an existing metering and regulating
(M&R) station in the Borough of Staten Island, New York;
Construction of approximately 15.5 miles of new 30-inch-
diameter pipeline from Texas Eastern's existing metering and regulating
station in the Borough of Staten Island, New York, through Bayonne and
Jersey City, New Jersey, to the Borough of Manhattan, New York;
Abandon in-place approximately 1.3 miles of 12-inch-
diameter pipeline in Linden, New Jersey and 0.9 miles of 12-inch-
diameter pipeline in the Borough of Staten Island, New York;
Installation of six new M&R stations including:
[dec221] Hanover M&R Stations--two new M&R stations, including
pressure regulation, at the existing Hanover Compressor Station in
Morris County, New Jersey;
[dec221] Bayonne M&R Station--a new M&R station, including a heater
and pressure regulation, in Hudson County, New Jersey;
[dec221] Jersey City M&R Station--a new M&R station, including
heaters and pressure regulation, in Hudson County, New Jersey;
[dec221] Mahwah M&R Station--a new M&R station, including a heater
and pressure regulation, within the property lines of an existing M&R
station in Bergen County, New Jersey; and
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[dec221] Ramapo M&R Station--a new M&R station, including a heater
and pressure regulation, adjacent to an existing M&R station in
Rockland County, New York.
Modifications to three existing compressor stations and
two existing M&R stations including:
[dec221] Hanover Compressor Station--installation of reverse
suction and discharge lines and modification of the existing Solar
Taurus 60 compressor unit in Morris County, New Jersey;
[dec221] Cromwell and Hanover Compressor Stations--modification of
piping to accommodate bi-directional flows in Middlesex County,
Connecticut and Morris County, New Jersey, respectively; and
[dec221] Texas Eastern M&R Stations--installation of tap valves and
over-pressure protection at existing M&R stations in Union County, New
Jersey and the Borough of Staten Island, New York.
Installation of pig \2\ launcher and receiver facilities
at the existing Linden Compressor Station in Linden, New Jersey and an
existing M&R station in the Borough of Staten Island, New York;
installation of a pig launcher in Jersey City, New Jersey; mainline
valves in Bayonne and Jersey City, New Jersey; and a block valve and
flange in an underground vault in the Borough of Manhattan, New York to
accommodate a receiver.
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\2\ A pig is a tool that can be used to clean and dry a pipeline
and/or to inspect it for damage or corrosion.
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The general location of the project facilities is shown in Appendix
1.\3\
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\3\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of appendices were sent to
all those receiving this notice in the mail and are available at
http://www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426, or call (202) 502-8371. For instructions on
connecting to eLibrary, refer to the last page of this notice.
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Land Requirements for Construction
The Applicants are still in the planning phase for the NJ-NY
Expansion Project, and workspace requirements have not been finalized.
However, construction would disturb approximately 268 acres of land for
the aboveground facilities and the pipeline. Following construction,
about 108 acres would be used for permanent operation of the project's
facilities. The remaining acreage would be restored and allowed to
revert to former uses. Approximately 63.5% of the planned route is
located within or adjacent to Texas Eastern's existing rights-of-way
and/or existing roadway, railway, or other utility rights-of-way.
The EIS Process
The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
to discover and address concerns the public may have about proposals.
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. By this notice, the Commission requests public
comments on the scope of the issues to address in the EIS. All comments
received will be considered during the preparation of the EIS.
In the EIS we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:
Geology and soils;
Land use;
Water resources, fisheries, and wetlands;
Vegetation and wildlife
Endangered and threatened species;
Cultural resources;
Air quality and noise;
Socioeconomics; and
Public safety.
We will also evaluate reasonable alternatives to the planned
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's Pre-filing process.
The purpose of the Pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before an
application is filed with the FERC. As part of our Pre-filing review,
we have begun to contact some federal and state agencies to discuss
their involvement in the scoping process and the preparation of the
EIS. In addition, representatives from the FERC participated in public
Open House meetings sponsored by the Applicants in the project area in
June 2010, to explain the environmental review process to interested
stakeholders.
Our independent analysis of the issues will be presented in the
EIS. The EIS will be published and distributed for public comment. We
will consider all timely comments and revise the document, as
necessary, before issuing a final EIS. To ensure your comments are
considered, please carefully follow the instructions in the Public
Participation section of this notice.
With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EIS. These agencies may
choose to participate once they have evaluated the proposal relative to
their responsibilities. 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.
Currently, the Environmental Protection Agency and the New York City
Mayor's Office have expressed their intention to participate as
cooperating agencies in the preparation of the EIS to satisfy their
NEPA responsibilities related to this project.
Consultations Under Section 106 of the National Historic Preservation
Act
In accordance with the Advisory Council on Historic Preservation's
implementing regulations, we are using this notice to solicit the views
of the public on the project's potential effects on historic
properties.\4\ We will document our findings on the impacts on cultural
resources and summarize the status of consultations under section 106
of the National Historic Preservation Act in our EIS.
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\4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Historic
properties are defined in those regulations as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register for Historic
Places.
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Currently Identified Environmental Issues
We have already identified several issues and alternatives that we
think deserve attention based on a preliminary review of the proposed
facilities, comments made to us at the Applicant's open houses,
preliminary consultations with other agencies, and the environmental
information provided by the Applicants. This preliminary list of issues
and alternatives may be changed based on your comments and our
analysis:
Contaminated soils and sediments;
Evaluation of temporary and permanent impacts on wetlands,
restoration of wetlands, and development of appropriate wetland
mitigation options;
Assessment of locations for HDD crossings of major
waterbodies, including the Arthur Kill, Kill Van Kull, and the Hudson
River;
Effect on tidal systems and essential fish habitat;
[[Page 43967]]
Potential effect on federal and state-listed sensitive
species;
Impacts on residential areas;
Impacts on publically-owned lands and compatibility of
uses;
Visual impacts;
Effects on transportation and traffic;
Environmental Justice concerns;
Effects on the local air quality and noise environment
from construction and operation of the proposed facilities;
Potential impacts of multiple large projects on-going
during the same construction timeframe;
Assessment of hazards associated with natural gas
pipelines located in heavily populated areas; and
Assessment of the no action alternative, existing systems
and alternative system configurations, and alternative routes or
aboveground facility sites to reduce or avoid environmental impacts.
Public Participation
You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impact. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that they will be received in Washington, DC on or before August 20,
2010.
For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
project docket number (PF10-17-000) with your submission. The
Commission encourages electronic filing of comments and has expert
eFiling staff available to assist you at (202) 502-8258 or
[email protected].
(1) You may file your comments electronically by using the Quick
Comment feature, which is located at http://www.ferc.gov under the link
called ``Documents and Filings.'' A Quick Comment is an easy method for
interested persons to submit text-only comments on a project;
(2) You may file your comments electronically by using the
``eFiling'' feature, that is listed under the ``Documents and Filings''
link. eFiling involves preparing your submission in the same manner as
you would if filing on paper, and then saving the file on your
computer's hard drive. You will attach that file to your submission.
New eFiling users must first create an account by clicking on the link
called ``Sign up'' or ``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''; or
(3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Room 1A, Washington, DC 20426.
Environmental Mailing List
The environmental mailing list 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. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
planned project.
Copies of the completed draft EIS will be sent to the environmental
mailing list for public review and comment. If you would prefer to
receive a paper copy of the document instead of the CD version or would
like to remove your name from the mailing list, please return the
attached Mailing List Form (Appendix 2).
Becoming an Intervenor
Once the Applicants formally file their application with the
Commission, you may want to become an ``intervenor,'' which is an
official party to the Commission's proceeding. Intervenors play a more
formal role in the process and are able to file briefs, appear at
hearings, and be heard by the courts if they choose to appeal the
Commission's final ruling. An intervenor formally participates in a
Commission proceeding by filing a request to intervene. Instructions
for becoming an intervenor are included in the User's Guide under the
``e-filing'' link on the Commission's website. Please note that the
Commission will not accept requests for intervenor status at this time.
You must wait until a formal application for the project is filed with
the Commission.
Additional Information
Additional information about the project is available from the
Commission's Office of External Affairs at 1-866-208-FERC or on the
FERC 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 in the Docket Number field
(i.e., PF10-17). 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 website
also provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rulemakings.
In addition, the Commission offers a free service called
eSubscription that 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 http://www.ferc.gov/esubscribenow.htm.
Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-18276 Filed 7-26-10; 8:45 am]
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