[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45517-45520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18684]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF15-20-000]


Rio Bravo Pipeline Company, LLC; Rio Grande LNG, LLC; Notice of 
Intent To Prepare an Environmental Impact Statement for the Planned Rio 
Grande LNG Project and Rio Bravo Pipeline 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 Rio Grande LNG Project 
and Rio Bravo Pipeline Project (Rio Grande LNG Project) involving 
construction and operation of natural gas pipeline and liquefaction 
facilities by Rio Grande LNG, LLC, and Rio Bravo Pipeline Company, LLC, 
collectively the Rio Grande Developers (RG Developers), in Kleberg, 
Kenedy, Willacy, and Cameron Counties, 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 the 
opening of this docket on March 20, 2015, you will need to file those 
comments in Docket No. PF15-20-000 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, a pipeline company 
representative may contact you about the acquisition of an easement to 
construct, operate, and maintain the planned facilities. 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. 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.

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

[[Page 45518]]

(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 
(PF15-20-000) 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 one of the public scoping meetings its 
staff will conduct in the project area, scheduled as follows.

           FERC Public Scoping Meetings Rio Grande LNG Project
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             Date and time                           Location
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Monday, August 10, 2015, 3:00-8:00 p.m.  Raymondville High School
                                          Auditorium, 419 FM 3168,
                                          Raymondville, TX 78580, (956)
                                          689-8170.
Tuesday, August 11, 2015, 12:00-8:00     Port Isabel Event and Cultural
 p.m.                                     Center, 309 E. Railroad St.,
                                          Port Isabel, TX 78578, (956)
                                          943-0719.
Thursday, August 13, 2015, 3:00-8:00     Helen Kleberg Community Center,
 p.m.                                     230 W. Yoakum Ave, Kingsville,
                                          TX 78363, (361) 592-8021.
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    You may attend at any time during the meetings, as the primary goal 
of a scoping meeting is for us to have your verbal environmental 
concerns documented. There will not be a formal presentation by 
Commission staff, but FERC staff will be available to answer your 
questions about the FERC environmental review process. Representatives 
of the RG Developers will also be present to answer questions about the 
project.
    For your convenience, FERC staff will hold a joint scoping meeting 
on Tuesday, August 11, for the Rio Grande LNG Project, the Texas LNG 
Brownsville LNG Project (PF15-14), and Annova LNG Brownsville Project 
(PF15-15). This joint scoping meeting will give you the opportunity to 
provide your verbal comments on one or all three of the planned 
liquefied natural gas (LNG) export projects along the Brownsville Ship 
Channel currently in our pre-filing process. In addition to the RG 
Developers, representatives from the Texas LNG Brownsville LNG Project 
and Annova LNG Brownsville Project will be present at the joint scoping 
meeting on Tuesday to answer questions about their respective projects.
    Verbal 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 instruction on using eLibrary). 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

    The RG Developers plan to construct and operate interrelated LNG 
terminal and natural gas infrastructure projects. The Rio Grande LNG 
Terminal (Terminal) would involve an LNG export terminal and marine 
facilities to accommodate LNG vessels along the Brownsville Ship 
Channel in Cameron County, Texas. The Rio Bravo Pipeline Project would 
include two new natural gas pipelines capable of transporting 4.5 
billion cubic feet per day (bcf/d) of natural gas from Kleberg County, 
Texas, to the planned Terminal. The Rio Grande LNG Project would be 
constructed in two phases and, when complete, would export the LNG 
equivalent of about 3.8 bcf/d of natural gas. According to the RG 
Developers, their project would provide an additional source of firm, 
long-term, and competitively priced liquefied natural gas.
    The Rio Grande LNG Project would consist of the following 
facilities:
     An export liquefaction terminal that includes:
    [cir] Six liquefaction trains and natural gas treatment facilities;
    [cir] a marine facility, including two LNG berths and a turning 
basin;
    [cir] a 600-megawatt electrical power generation station;
    [cir] truck loading/unloading facilities for LNG, natural gas 
liquid condensate, and refrigerant;
    [cir] a marine construction dock; and
    [cir] four full-containment LNG storage tanks;
     two parallel 140-mile-long, 42-inch-diameter pipelines 
extending northerly from the Terminal to Kleberg County, Texas;
     three compressor stations;
     two meter stations;
     multiple pipeline interconnects with third-party 
pipelines;
     mainline valves;
     pig launcher and receiver facilities; \2\ and
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    \2\ A ``pig'' is a tool that the pipeline company inserts into 
and pushes through the pipeline for cleaning the pipeline, 
conducting internal inspections, or other purposes.
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     other pipeline-related facilities (e.g., access roads, 
contractor and pipe yards).
    The general location of the project facilities is shown in appendix 
2.

Land Requirements for Construction

    Construction and operation of the planned Terminal would disturb 
about 750 acres of land within a 1,000-acre parcel to accommodate the 
liquefaction facilities, marine berth, and turning basin. The RG 
Developers are assessing the total land requirements for construction 
of the planned pipelines but currently plan to maintain a permanent 
easement of up to 120 feet

[[Page 45519]]

centered on the pipelines; the remaining acreage would be restored and 
would revert to former uses. About 64 percent of the planned pipeline 
routes parallel existing pipeline, utility, or road 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 
\3\ 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.
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    \3\ ``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;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species;
     socioeconomics;
     public safety; 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 the environmental issues 
related to this project to formally cooperate with us in the 
preparation of the EIS.\4\ 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.
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    \4\ 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 Texas State Historic Preservation Office, 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.\5\ 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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    \5\ 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, 
comments received by the public to date, and the environmental 
information provided by RG Developers. This preliminary list of issues 
may change based on your comments and our analysis.
     Public health and safety;
     air quality;
     special status species, including the ocelot and aplomado 
falcon;
     biological diversity and wildlife preserves, including the 
Laguna Atascosa National Wildlife Refuge, and the Lower Rio Grande 
Valley National Wildlife Refuge;
     impacts on vegetation and habitat, including wetlands;
     economic impacts on fishing and tourism industries;
     environmental justice;
     visual impacts of the Terminal; and
     cumulative effects, including the effects of multiple 
planned LNG projects along the Brownsville Ship Channel.

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 Information Request (appendix 3).

Becoming an Intervenor

    Once the RG Developers 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 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

[[Page 45520]]

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-
20). 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: July 23, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-18684 Filed 7-29-15; 8:45 am]
BILLING CODE 6717-01-P