[Federal Register Volume 79, Number 215 (Thursday, November 6, 2014)]
[Notices]
[Pages 65932-65934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26392]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF14-19-000]


Downeast Liquefaction, LLC; Supplemental Notice of Intent To 
Prepare an Environmental Impact Statement for the Planned Downeast LNG 
Import-Export Project and Request for Comments on Environmental Issues

    On October 3, 2014, the Commission issued a ``Notice of Intent to 
Prepare an Environmental Impact Statement for the Planned Downeast LNG 
Import-Export Project, Request for Comments on Environmental Issues, 
and Notice of Public Scoping Meeting'' (NOI). It has come to our 
attention that the environmental mailing list was not provided copies 
of the NOI; therefore, we are issuing this Supplemental NOI to extend 
the scoping period and provide additional time for interested parties 
to file comments on environmental issues.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) that 
will discuss the environmental impacts of the Downeast LNG Export 
Project involving construction and operation of facilities by Downeast 
Liquefaction, LLC (Downeast Liquefaction) in Washington County, Maine. 
The Commission will use this EIS in its decision-making process to 
determine whether the project is in the public convenience and 
necessity.
    The Commission and its cooperating agencies continue to gather 
input from the public and interested agencies on the project. This 
process is referred to as scoping. Your input will help the Commission 
staff determine what issues they need to evaluate in the EIS. The NOI 
identified November 3, 2014 as the close of the scoping period. Please 
note that the scoping period is now extended and will close on December 
1, 2014.
    This notice is being sent to the Commission's current environmental 
mailing list for this project. State and local government 
representatives should notify their constituents of this planned 
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company 
representative may contact you about the acquisition of an easement to 
construct, operate, and maintain the planned pipeline facilities 
associated with the project. The company would seek to negotiate a 
mutually acceptable agreement. However, if the Commission approves the 
project, that approval conveys with it the right of eminent domain for 
parcels crossed by the pipeline. 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 (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 Planned Project

    Downeast Liquefaction plans to develop, construct, and operate 
liquefied natural gas (LNG) terminal facilities that would convert the 
proposed Downeast LNG Import Project (Docket Nos. CP07-52-000, CP07-53-
000, and CP07-53-001) into a bidirectional import-export LNG terminal 
and pipeline capable of producing 3 million metric tonnes per annum 
(mtpa) of LNG and 100 million standard cubic feet per day (mmscfd) of 
regasified LNG.
    The Downeast LNG Import-Export Project would consist of the 
following facilities:
    Marine Facilities and Transfer Lines:
     The Import-Export Project would involve no changes to the 
marine facilities and transfer lines that were proposed and evaluated 
for the Import Project.
    LNG Storage and Regasification:
     The Import-Export Project would include a single LNG 
storage tank with a nominal usable storage capacity of 160,000 cubic 
meters. The storage tank design and location would be the same as the 
southern-most LNG storage tank proposed for the Import Project. The 
northern-most LNG storage tank proposed for the Import Project would 
not be required for the Import-Export Project.
     The Import-Export Project would include two Submerged 
Combustion Vaporizers used for regasification of LNG during import 
mode, of which one would be used during operation while the second 
would be a backup.
    LNG Liquefaction Facilities:
     Feed gas pretreatment systems;
     one LNG liquefaction train with a nominal design capacity 
of 3 mtpa;
     refrigerant storage and handling;
     refrigerant compression systems; and
     refrigerant cooling system.
    Pipeline Facilities:
     The pipeline for the Import-Export Project would be 24 
inches in diameter, a change from 30 inches in diameter as proposed for 
the Import Project. The pipeline route and construction work areas 
would remain the same as proposed for the Import Project.
    Ancillary Facilities:
     Onsite power generation to support operation of the 
terminal in export mode; and
     utilities, infrastructure, and support systems within the 
terminal site would be revised for the Import-Export Project to 
accommodate addition of liquefaction capabilities.

[[Page 65933]]

    The general location of the project facilities is shown in appendix 
1.\1\
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    \1\ The appendices referenced in this notice will not appear in 
the Federal Register. Copies of the appendices were sent to all 
those receiving this notice in the mail and are available at 
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 planned LNG Export Project facilities would be constructed 
entirely within the 80-acre site of the proposed Downeast LNG Import 
Project, at Mill Cove in Robbinston, Maine.

The EIS Process

    The Commission intends to publish its review of the Downeast LNG 
Export Project as a supplement to the previous review of the Downeast 
LNG Import Project (Docket Nos. CP07-52-000, CP07-53-000, and CP07-53-
001), to be considered together as the Downeast LNG Import-Export 
Project.
    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 \2\ 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. We 
will consider all filed comments during the preparation of the EIS. 
However, comments should focus on issues specific to the Downeast LNG 
Export Project and not issues previously addressed for the Downeast LNG 
Import Project.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
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    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;
     water resources, fisheries, and wetlands;
     vegetation and wildlife;
     endangered and threatened species;
     cultural resources;
     land use;
     socioeconomics;
     air quality and noise;
     reliability and safety;
     engineering and design material; and
     direct, indirect, and cumulative environmental impacts.
    We will also evaluate possible 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 
the FERC receives an application. 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.
    The Supplemental draft EIS will present our independent analysis of 
the issues. We will publish and distribute the Supplemental draft EIS 
for public comment. After the comment period, we will consider all 
timely comments and revise the document, as necessary, before issuing a 
Supplemental final EIS. To ensure we have the opportunity to consider 
and address your comments, please carefully follow the instructions in 
the Public Participation section beginning on page 6.
    With this notice, we are asking agencies with jurisdiction by law 
and/or special expertise with respect to the environmental issues 
related to this project to formally cooperate with us in the 
preparation of the EIS.\3\ 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 U.S. Army Corps of Engineers (COE), U.S. 
Environmental Protection Agency, National Oceanic and Atmospheric 
Administration National Marine Fisheries Service, and Maine Department 
of Environmental Protection are participating as cooperating agencies 
in the preparation of the EIS to satisfy their NEPA responsibilities 
related to this project. Also, in accordance with the 2004 Interagency 
Agreement on the safety and security review of waterfront import/export 
LNG facilities, the U.S. Coast Guard and U.S. Department of 
Transportation participate as cooperating agencies.
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    \3\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation 
Act

    In accordance with the Advisory Council on Historic Preservation's 
implementing regulations for section 106 of the National Historic 
Preservation Act, we are using this notice to initiate consultation 
with applicable State Historic Preservation Office(s) (SHPO), and to 
solicit their views and those of other government agencies, interested 
Indian tribes, and the public on the project's potential effects on 
historic properties.\4\ We will define the project-specific Area of 
Potential Effects (APE) in consultation with the SHPO as the project 
develops. On natural gas facility projects, the APE at a minimum 
encompasses all areas subject to ground disturbance (examples include 
construction right-of-way, contractor/pipe storage yards, compressor 
stations, and access roads). Our EIS for this project will document our 
findings on the impacts on historic properties and summarize the status 
of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation regulations 
are at Title 36, Code of Federal Regulations, Part 800. Those 
regulations define historic properties as any prehistoric or 
historic district, site, building, structure, or object included in 
or eligible for inclusion in the National Register of Historic 
Places.
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Currently Identified Environmental Issues

    We have already identified several issues that we think deserve 
attention based on our previous review of the Downeast LNG Import 
Project, a preliminary review of the planned Export Project facilities, 
and the environmental information provided by Downeast Liquefaction. 
This preliminary list of issues may change based on your comments and 
our analysis. Issued identified include:
     Potential impacts on wetlands and other aquatic resources 
within the LNG terminal site;
     potential impacts from release of ballast water from LNG 
carriers during the loading of LNG cargo;
     potential visual effects on surrounding areas;
     potential noise and air emissions impacts from the 
addition of natural gas liquefaction facilities; and
     public safety and hazards associated with the liquefaction 
and transport of LNG.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the project. Since Commission staff will 
issue a supplement to the previous environmental documents for the 
Downeast LNG Import Project, we do not intend to re-evaluate issues 
previously addressed for the LNG

[[Page 65934]]

Import Project; therefore, comments are requested on issues specific to 
the LNG Export Project. Your comments should focus on the potential 
environmental effects, reasonable alternatives, and measures to avoid 
or lessen environmental impacts. 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 the Commission 
receives them in Washington, DC on or before December 1, 2014. This is 
not your only public input opportunity; please refer to the 
Environmental Review Process flowchart in appendix 2.
    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 (PF14-19-000) with your submission. The 
Commission encourages electronic filing of comments and has expert 
staff available to assist you at (202) 502-8258 or [email protected].
    (1) You can file your comments electronically using the eComment 
feature located on the Commission's Web site (www.ferc.gov) under the 
link to Documents and Filings. This is an easy method for interested 
persons to submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling 
feature located on the Commission's Web site (www.ferc.gov) under the 
link to Documents and Filings. With eFiling, you can provide comments 
in a variety of formats by attaching them as a file with your 
submission. New eFiling users must first create an account by clicking 
on ``eRegister.'' You must select the type of filing you are making. If 
you are filing a comment on a particular project, please select 
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to 
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 Supplemental 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 Information Request (appendix 3).

Becoming an Intervenor

    Once Downeast Liquefaction files its 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 the 
proceeding by filing a request to intervene. Instructions for becoming 
an intervenor are in the User's Guide under the ``e-filing'' link on 
the Commission's Web site. Please note that the Commission will not 
accept requests for intervenor status at this time. You must wait until 
the Commission receives a formal application for the project.

Additional Information

    Additional information about the project is available from the 
Commission's Office of External Affairs, at (866) 208-FERC, or on the 
FERC Web site (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., PF14-
19-000). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
[email protected] or toll free at (866) 208-3676, or for TTY, 
contact (202) 502-8659. The eLibrary link 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 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 www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the 
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: October 29, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-26392 Filed 11-5-14; 8:45 am]
BILLING CODE 6717-01-P