[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45525-45528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18683]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF15-15-000]


Annova LNG Common Infrastructure, LLC, Annova LNG Brownsville A, 
LLC, Annova LNG Brownsville B, LLC, Annova LNG Brownsville C, LLC; 
Notice of Intent To Prepare an Environmental Impact Statement For the 
Planned Annova LNG Brownsville Project, Request for Comments on 
Environmental Issues, and Notice of Public Scoping Meeting

    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 planned Annova LNG 
Brownsville Project (Project) involving construction and operation of a 
liquefied natural gas (LNG) production, storage, and export facility by 
Annova LNG Common Infrastructure, LLC; Annova LNG Brownsville A, LLC; 
Annova LNG Brownsville B, LLC; and Annova LNG Brownsville C, LLC 
(collectively, Annova) in Cameron County, Texas. The Commission will 
use this EIS in its decision-making process to determine whether the 
project is in the public interest.
    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies on the project. 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 impacts. 
Your input will help the Commission staff determine what issues they 
need to evaluate in the EIS. 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 August 24, 2015.
    If you sent comments on this project to the Commission before March 
11, 2015, you will need to file those comments in Docket No. PF15-15-
000 to ensure they are considered as part of this proceeding.
    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, an Annova representative may 
contact you about the acquisition of lands needed to construct, 
operate, and maintain the planned facilities.

Public Participation

    For your convenience, there are four methods you can use to submit 
your comments to the Commission. The Commission will provide equal 
consideration to all comments received, whether filed in written form 
or provided verbally. The Commission encourages electronic filing of 
comments and has expert staff available to assist you at (202) 502-8258 
or [email protected]. Please carefully follow these instructions so that 
your comments are properly recorded.
    (1) You can file your comments electronically using the eComment 
feature on the Commission's Web site

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(www.ferc.gov) under the link to Documents and Filings. This is an easy 
method for submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling 
feature 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.'' If you are filing a comment on a particular project, 
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to 
the following address. Be sure to reference the project docket number 
(PF15-15-000) with your submission: Kimberly D. Bose, Secretary, 
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, 
Washington, DC 20426.
    (4) In lieu of sending written or electronic comments, the 
Commission invites you to attend the public scoping meeting its staff 
will conduct in the Project area, scheduled as follows.

FERC Public Scoping Meeting, Annova LNG Brownsville Project, Tuesday, 
August 11, 2015, From 1:00 p.m. to 8:00 p.m., Port Isabel Event & 
Cultural Center, 309 E. Railroad Ave., Port Isabel, TX 78578

    You may attend at any time during the scoping meeting. There will 
not be a formal presentation by Commission staff, but you will be 
provided information about the FERC process. Commission staff will be 
available to take verbal comments.
    For your convenience, we are combining the Port Isabel scoping 
meetings for the three Brownsville area LNG projects currently in our 
pre-filing process. Representatives of Annova, as well as those of 
Texas LNG Brownsville LLC for its planned Texas LNG Brownsville LNG 
Project (Docket No. PF15-14-000) and Rio Grande LNG, LLC for its 
planned Rio Grande LNG Export Project and Rio Bravo Pipeline Company, 
LLC for its planned Rio Bravo Pipeline Project (Docket No. PF15-20-000) 
will be present to answer questions about their respective planned 
projects.
    You may comment on any one, two, or all three planned projects. 
Comments will be recorded by a stenographer and transcripts will be 
placed into the appropriate docket(s) for the project and made 
available for public viewing on FERC's eLibrary system (see page 8 
``Additional Information'' for instructions on using eLibrary). We 
believe it is important to note that verbal comments hold the same 
weight as written or electronically submitted comments. If a 
significant number of people are interested in providing verbal 
comments, a time limit of 3 to 5 minutes may be implemented for each 
commenter to ensure all those wishing to comment have the opportunity 
to do so within the designated meeting time. Time limits will be 
strictly enforced if they are implemented.
    Please note this is not your only public input opportunity; please 
refer to the review process flow chart 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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Summary of the Planned Project

    Annova plans to construct, own, and operate the Project on the 
southern bank of the Brownsville Ship Channel (BSC) at mile marker 8.2, 
in Cameron County, Texas. The site is owned by the Port of Brownsville 
(Port) and Annova has entered into a Lease Option Agreement for 
possible use of the site. The BSC has direct access to the Gulf of 
Mexico via the Brazos Santiago Pass and is within an area that has no 
zoning restrictions.
    The Project would include six liquefaction trains with a total 
capacity of 6 million tonnes per annum of LNG. The natural gas 
delivered to the site would be treated, liquefied, and stored on site 
in two single containment LNG storage tanks, each with a net capacity 
of approximately 160,000 cubic meters. The LNG would be loaded onto LNG 
carriers (LNGCs) for export to overseas markets. On February 20, 2014, 
in Order No. 3394, the U.S. Department of Energy, Office of Fossil 
Energy, granted to Annova a long-term, multi-contract authorization to 
export LNG to Free Trade Agreement nations.
    The Project includes two principal parts: the LNG facilities and 
the associated marine facilities. The LNG facilities would be designed 
to receive 0.89 billion cubic feet per day of feed gas via pipeline; 
treat the gas to remove constituents that affect the cryogenic process; 
liquefy the gas; and store the LNG in storage tanks prior to loading 
for shipment. The marine facilities would include an LNGC berth, a tug 
berth, a dock for support and security vessels, and a material 
offloading facility.
    The Project would consist of the following facilities:
     Pipeline meter station;
     liquefaction facilities;
     two LNG storage tanks;
     marine and LNG transfer facilities;
     control room, administration/maintenance building; and
     utilities (site access road, power, water, and 
communication systems).
    The general location of the project facilities is shown in appendix 
2.

Land Requirements for Construction

    The Project would be located within a parcel of 655 acres that is 
currently under a Least Option Agreement between Annova and the Port. 
Constructing the Project would affect approximately 580 acres of land. 
Following construction approximately 400 acres would be permanently 
converted for operation of the Project.

Non-Jurisdictional Facilities

    Annova intends to receive natural gas for the facility from Energy 
Transfer Partners' intrastate pipeline system that is not under the 
jurisdiction of the FERC. Energy Transfer Partners has near-term plans 
to expand its existing system by constructing the Isla Grande Pipeline, 
a multi-customer pipeline connecting the Agua Dulce Hub in Nueces 
County, Texas, to end-users in Mexico and the Brownsville area. As part 
of this expansion, Energy Transfer Partners also plans to construct a 
lateral from the Isla Grande Pipeline eastward along the BSC to supply 
potential customers. This pipeline, known as the BND South Delivery 
Header, would include an interconnection to the Project site.
    Although FERC doesn't have the regulatory authority to modify or 
deny the construction of the above-described facilities, we will 
disclose available information regarding the construction impacts in 
the cumulative impacts section of our EIS.

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 authorization of LNG 
facilities under Section 3 of the Natural Gas Act. 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

[[Page 45527]]

address in the EIS. We will consider all filed comments during the 
preparation of the EIS.
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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 and wetlands;
     vegetation, fisheries, and wildlife;
     endangered and threatened species;
     land use;
     socioeconomics;
     cultural resources;
     air quality and noise;
     public safety and reliability;
     environmental justice; and
     cumulative 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 EIS will present our independent analysis of the issues. We 
will publish and distribute the draft EIS for public comment. After the 
comment period, we will consider all timely comments and revise the 
document, as necessary, before issuing a 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 2.
    With this notice, we are asking agencies with jurisdiction by law 
and/or special expertise with respect to 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. 
Department of Energy, U.S. Department of Transportation, U.S. Coast 
Guard, U.S. Fish and Wildlife Service, U.S. Environmental Protection 
Agency, and the U.S. Army Corps of Engineers have expressed their 
intention to participate as cooperating agencies in the preparation of 
the EIS.
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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 the applicable State Historic Preservation Office (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 
LNG facility site, contractor/equipment storage yards, 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 a preliminary review of the planned facilities, the 
environmental information provided by Annova, and early comments filed 
with FERC. This preliminary list of issues may change based on your 
comments and our analysis.
     Potential impacts on water quality;
     potential impacts on wetlands and estuaries;
     potential impact on fisheries and aquatic resources;
     potential impact on Federally listed endangered and 
threatened species;
     potential impact on the Lower Rio Grande Valley National 
Wildlife Refuge (NWR) including the area known as the Loma Ecological 
Preserve, and the Laguna Atascosa NWR;
     visual effects on surrounding areas;
     potential impacts on tourism and recreational and 
commercial fisheries;
     potential for disproportionate impact on lower income 
communities;
     potential impacts on air quality;
     public health and safety; and
     cumulative impacts.

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), 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 Information Request (appendix 3).

Becoming an Intervenor

    Once Annova 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 ``eFiling'' 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., PF15-
15). Be sure you have selected an appropriate date range. For 
assistance,

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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: July 23, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-18683 Filed 7-29-15; 8:45 am]
 BILLING CODE 6717-01-P