[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24856-24857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09828]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP15-554-009 and CP15-555-007]


Atlantic Coast Pipeline, LLC; Eastern Gas Transmission and 
Storage, Inc. Notice of Intent To Prepare a Supplemental Environmental 
Impact Statement and Notice of Schedule for Environmental Review for 
the Proposed Atlantic Coast Pipeline Disposition and Restoration Plan 
And Supply Header Project Restoration Plan

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare a supplemental environmental impact statement 
(supplemental EIS) that will discuss the environmental impacts 
resulting from Atlantic Coast Pipeline, LLC's (Atlantic) Atlantic Coast 
Pipeline Disposition and Restoration Plan and Eastern Gas Transmission 
and Storage, Inc.'s (EGTS) \1\ Supply Header Project Restoration 
Plan.\2\ The Commission will use this supplemental EIS in its decision-
making process to determine whether Atlantic's and EGTS' proposals are 
in the public interest.
---------------------------------------------------------------------------

    \1\ On November 1, 2020, Dominion Energy sold certain companies, 
including Dominion Energy Transmission, Inc. (the Supply Header 
Project developer), to Berkshire Hathaway Energy Company; and 
Dominion Energy Transmission, Inc. changed its name to Eastern Gas 
Transmission and Storage, Inc.
    \2\ The Atlantic Coast Pipeline Disposition and Restoration Plan 
and the Supply Header Project Restoration Plan were submitted in 
response to Commission staff's October 27, 2020 Data Request and can 
be found on FERC's eLibrary at accession numbers 20210104-5278 and 
20201120-5243.
---------------------------------------------------------------------------

    The National Environmental Policy Act (NEPA) requires the 
Commission to take into account the environmental impacts that could 
result from its action whenever it considers whether or not to 
authorize a project or proposal. NEPA also requires the Commission to 
discover concerns the public may have about proposed actions. This 
process is referred to as ``scoping.'' The main goal of the scoping 
process is to focus the analysis in the supplemental EIS on the 
important environmental issues.
    On March 2, 2021, the Commission issued a Notice of Amendment of 
Certificates and Opening of Scoping Period regarding the proposed 
restoration activities associated with the Atlantic Coast Pipeline 
(ACP) and Supply Header Project (SHP). That notice opened a public 
scoping period of 45 days to gather input from the public and 
interested agencies regarding both projects.

Summary of the Proposed Project Actions

    Atlantic requests authorization to implement its strategy for the 
restoration of ACP project workspaces in compliance with associated 
permits, authorizations, and legal agreements. For the pipeline, 
Atlantic proposes to abandon in place all installed pipe (approximately 
31.4 miles of the pipeline right-of-way) and restore lands that were 
cleared and graded (approximately 82.7 miles of the pipeline right-of-
way), and seeks exemptions to the restoration of certain lands, to 
include leaving felled trees in place in areas where trees have not yet 
been cleared (approximately 25 miles of the pipeline right-of-way). For 
ACP aboveground facilities, Atlantic proposes to restore the sites, and 
manage the disposition of the materials and land through an investment 
recovery process.
    EGTS requests authorization to implement its strategy for the 
restoration of SHP workspaces in compliance with associated permits, 
authorizations, and legal agreements. EGTS plans to leave in place all 
previously installed pipe (approximately 11.7 miles) and complete final 
restoration of approximately 9 miles of the pipeline right-of-way that 
EGTS has previously cleared and/or graded. EGTS owns the properties on 
which SHP aboveground facilities are located and proposes to stabilize 
all facility sites and prepare assets for long term preservation.

The Supplemental EIS Process and Identified Issues

    The supplemental EIS will discuss impacts that could occur as a 
result of the proposed activities related to the disposition of the 
projects and restoration of the project workspaces. To date, we have 
identified potential environmental concerns related to Atlantic's and 
EGTS' proposals to leave felled trees in place and abandon installed 
pipe, and potential impacts on wetlands and waterbodies from 
restoration activities. As a result, the supplemental EIS will include 
a reevaluation of mitigation associated with the restoration activities 
previously analyzed for the construction of the ACP and SHP.\3\ The 
supplemental EIS will also consider revisions to land use, air 
emissions, and noise levels. Commission staff will also evaluate 
reasonable alternatives to the proposed project amendments or portions 
of the proposals and make recommendations on how to lessen or avoid 
impacts on the various resource areas.
---------------------------------------------------------------------------

    \3\ Atlantic Coast Pipeline and Supply Header Project Final 
Environmental Impact Statement, issued on July 21, 2017; accessible 
on the FERC website at: https://cms.ferc.gov/final-environmental-impact-statement-atlantic-coast-pipeline-and-supply-header-project.
---------------------------------------------------------------------------

    The supplemental EIS will present Commission staff's independent 
analysis of the issues. The draft supplemental EIS will be available in 
electronic format in the public record through eLibrary \4\ and the 
Commission's natural gas environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If

[[Page 24857]]

eSubscribed, you will receive instant email notification when the draft 
supplemental EIS is issued. The draft supplemental EIS will be issued 
for an allotted public comment period. After the comment period on the 
draft supplemental EIS, Commission staff will consider all timely 
comments and revise the document, as necessary, before issuing a final 
supplemental EIS.
---------------------------------------------------------------------------

    \4\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with 
jurisdiction by law and/or special expertise with respect to the 
environmental issues of these projects to formally cooperate in the 
preparation of the supplemental EIS.\5\ 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. The U.S. Forest Service has already agreed to participate as a 
cooperating agency in the preparation of the supplemental EIS.
---------------------------------------------------------------------------

    \5\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Part 1501.6.
---------------------------------------------------------------------------

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) for the original ACP and SHP and anyone who submits 
comments on the project amendments. Commission staff will update the 
environmental mailing list as the analysis proceeds to ensure that 
Commission notices related to this environmental review are sent to all 
individuals, organizations, and government entities interested in and/
or potentially affected by the proposed project amendments.
    A Notice of Availability of the draft supplemental EIS will be sent 
to the environmental mailing list and will provide instructions to 
access the electronic document on the FERC's website (www.ferc.gov). If 
you need to make changes to your name/address, or if you would like to 
remove your name from the mailing list, please complete one of the 
following steps:
    (1) Send an email to [email protected] stating your 
request. You must include the docket number CP15-554-009 and/or CP15-
555-007 in your request. If you are requesting a change to your 
address, please be sure to include your name and the correct address. 
If you are requesting to delete your address from the mailing list, 
please include your name and address as it appeared on this notice. 
This email address is unable to accept comments.
    OR
    (2) Return the attached ``Mailing List Update Form'' (appendix 
1).\6\
---------------------------------------------------------------------------

    \6\ The appendices referenced in this notice will not appear in 
the Federal Register. Copies of 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.
---------------------------------------------------------------------------

Schedule for Environmental Review

    The Commission's March 2, 2021 Notice of Amendment for the ACP and 
SHP alerted other agencies issuing federal authorizations of the 
requirement to complete all necessary reviews and to reach a final 
decision on the request for a federal authorization within 90 days of 
the date of issuance of the Commission staff's final supplemental EIS 
for the ACP and SHP. This instant notice identifies the FERC staff's 
planned schedule for completion of the final supplemental EIS for the 
ACP and SHP, which is based on an issuance of the draft supplemental 
EIS in July 2021. The forecasted schedule for both the draft and final 
supplemental EIS is based upon Atlantic and EGTS providing complete and 
timely responses to any future data requests. In addition, the schedule 
assumes that the cooperating agencies will provide input on their areas 
of responsibility on a timely basis.

Issuance of Notice of Availability of the final supplemental EIS--
November 19, 2021
90-day Federal Authorization Decision Deadline--February 17, 2022

    If a schedule change becomes necessary for the final EIS, an 
additional notice will be provided so that the relevant agencies are 
kept informed of the Project's progress.

Additional Information

    In order to receive notification of the issuance of the EIS and to 
keep track of all formal issuances and submittals in specific dockets, 
the Commission offers a free service called eSubscription. 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 https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    Additional information about the project amendment is available 
from the Commission's Office of External Affairs, at (866) 208-FERC, or 
on the FERC website at www.ferc.gov using the eLibrary link. Click on 
the eLibrary link, click on ``General Search'' and enter the docket 
number in the ``Docket Number'' field. Be sure you have selected an 
appropriate date range. For assistance, please contact FERC Online 
Support at [email protected] or (866) 208-3676, or for TTY, 
contact (202) 502-8659. The eLibrary link also provides access to the 
texts of all formal documents issued by the Commission, such as orders, 
notices, and rulemakings.
    Public sessions 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: May 4, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-09828 Filed 5-7-21; 8:45 am]
BILLING CODE 6717-01-P