[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Notices]
[Pages 49011-49013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18898]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-78-000]


ANR Pipeline Company; Notice of Intent To Prepare an 
Environmental Impact Statement for The Proposed Wisconsin Access 
Project, Request for Comments on Environmental Issues, and Schedule for 
Environmental Review

    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 Wisconsin Access Project 
(Project) involving construction and operation of facilities by ANR 
Pipeline Company (ANR) in Oconto, Oneida, Manitowoc, and Marathon 
Counties, Wisconsin. The Commission will use this EIS in its decision-
making process to determine whether the Project is in the public 
convenience and necessity. The schedule for preparation of the EIS is 
discussed in the Schedule for Environmental Review section of this 
notice.
    As part of the National Environmental Policy Act (NEPA) review 
process, the Commission takes into account concerns the public may have 
about proposals and the environmental impacts that could result 
whenever it considers the issuance of a Certificate of Public 
Convenience and Necessity. This gathering of public input is referred 
to as ``scoping.'' By notice issued on April 23, 2021, in Docket No. 
CP21-78-000, the Commission opened a scoping period; and staff intends 
to prepare an EIS that will address the concerns raised during that 
scoping period as well as comments received in response to this notice. 
Therefore, the Commission requests comments on potential alternatives 
and impacts, and any relevant information, studies, or analyses of any 
kind concerning impacts affecting the quality of the human environment. 
To ensure that your comments are timely and properly recorded, please 
submit your comments so that the Commission receives them in 
Washington, DC on or before 5:00 p.m. Eastern Time on September 25, 
2021. Further details on how to submit comments are provided in the 
Public Participation section of this notice.
    As mentioned above, the Commission previously opened a scoping 
period which expired on May 24, 2021. All substantive written and oral 
comments provided during scoping will be addressed in the EIS. 
Therefore, if you submitted comments on this Project to the Commission 
during the previous scoping process, you do not need to file those 
comments again.
    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 proposed facilities. The company 
would seek to negotiate a mutually acceptable easement agreement. You 
are not required to enter into an agreement. However, if the Commission 
approves the Project, the Natural Gas Act conveys the right of eminent 
domain to the company. Therefore, if you and the company do not reach 
an easement agreement, the pipeline company could initiate condemnation 
proceedings in court. In such instances, compensation would be 
determined by a judge in accordance with state law. The Commission does 
not grant, exercise, or oversee the exercise of eminent domain 
authority. The courts have exclusive authority to handle eminent domain 
cases; the Commission has no jurisdiction over these matters.
    ANR provided landowners with a fact sheet prepared by the FERC 
entitled ``An Interstate Natural Gas Facility On My Land? What Do I 
Need To Know?'' which addresses typically asked questions, including 
the use of eminent domain and how to participate in the Commission's 
proceedings. This fact sheet along with other landowner topics of 
interest are available for viewing on the FERC website (www.ferc.gov) 
under the Natural Gas Questions or Landowner Topics link.

Public Participation

    There are three methods you can use to submit your comments to the 
Commission. The Commission encourages electronic filing of comments and 
has staff available to assist you at (866) 208-3676 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, which is located on the Commission's website (www.ferc.gov) 
under the link to FERC Online. Using eComment 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, which is also on the Commission's website (www.ferc.gov) under 
the link to FERC Online. 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 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 can file a paper copy of your comments by mailing them to 
the Commission. Be sure to reference the Project docket number (CP21-
78-000) on your letter. Submissions sent via the U.S. Postal Service 
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 
20426. Submissions sent via any other carrier must be addressed to: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 
12225 Wilkins Avenue, Rockville, MD 20852.
    Additionally, the Commission offers a free service called 
eSubscription. This service provides automatic notification of filings 
made to subscribed dockets, document summaries, and direct links to the 
documents. Go to https://www.ferc.gov/ferc-online/overview to register 
for eSubscription.

Summary of the Proposed Project, the Project Purpose and Need, and 
Expected Impacts

    ANR proposes to facilitate an increase in the firm capacity on its 
natural gas pipeline by approximately 50,707 dekatherms per day into 
Wisconsin, through software modifications and minor modifications to 
its existing Coleman, Lena, Meeme, Mosinee, Rhinelander, Suring, and 
Two Rivers Meter Stations. The modifications

[[Page 49012]]

include the replacement of some metering and filtering equipment, 
installation of additional metering equipment, and replacement of two 
meter station buildings.
    The general location of the project facilities is shown in appendix 
1.\1\
---------------------------------------------------------------------------

    \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''. For instructions on 
connecting to eLibrary, refer to the last page of this notice. At 
this time, the Commission has suspended access to the Commission's 
Public Reference Room due to the proclamation declaring a National 
Emergency concerning the Novel Coronavirus Disease (COVID-19), 
issued by the President on March 13, 2020. For assistance, contact 
FERC at [email protected] or call toll free, (886) 208-3676 
or TTY (202) 502-8659.
---------------------------------------------------------------------------

    Construction of the proposed facilities would disturb about 4.1 
acres of land, 2.4 acres of which are within the existing facility 
fencelines. Following construction, ANR would convert less than 0.1 
acre of the area outside the existing facilities for permanent 
operation of the project's facilities; the remaining acreage would be 
restored and revert to former uses.
    Based on an initial review of ANR's proposal, Commission staff have 
identified a couple of expected impacts that deserve attention in the 
EIS. These include noise impacts and an increase in greenhouse gas 
emissions.

The NEPA Process and the EIS

    The EIS issued by the Commission will discuss impacts that could 
occur as a result of the construction and operation of the proposed 
Project under the relevant general resource areas:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     socioeconomics and environmental justice;
     air quality and noise; and
     reliability and safety.
    Commission staff will also make recommendations on how to lessen or 
avoid impacts on the various resource areas. Your comments will help 
Commission staff focus its analysis on the issues that may have a 
significant effect on the human environment.
    The EIS will present Commission staff's independent analysis of the 
issues. Staff will prepare a draft EIS which will be issued for public 
comment. Commission staff will consider all timely comments received 
during the comment period on the draft EIS and revise the document, as 
necessary, before issuing a final EIS. Any draft and final EIS will be 
available in electronic format in the public record through eLibrary 
\2\ and the Commission's natural gas environmental documents web page 
(https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive instant 
email notification when the environmental document is issued.
---------------------------------------------------------------------------

    \2\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
---------------------------------------------------------------------------

Alternatives Under Consideration

    The EIS will evaluate reasonable alternatives that are technically 
and economically feasible and meet the purpose and need for the 
proposed action.\3\ Alternatives currently under consideration include:
---------------------------------------------------------------------------

    \3\ 40 CFR 1508.1(z).
---------------------------------------------------------------------------

     The no-action alternative, meaning the Project is not 
implemented.
    With this notice, the Commission requests specific comments 
regarding any additional potential alternatives to the proposed action 
or segments of the proposed action. Please focus your comments on 
reasonable alternatives (including alternative facility sites and 
pipeline routes) that meet the Project objectives, are technically and 
economically feasible, and avoid or lessen environmental impact.

Consultation 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, the Commission initiated section 106 consultation for 
the Project in the notice issued on April 23, 2021, with the applicable 
State Historic Preservation Officer(s), and other government agencies, 
interested Indian tribes, and the public to solicit their views and 
concerns regarding the Project's potential effects on historic 
properties.\4\ This notice is a continuation of section 106 
consultation for the Project. The Project EIS will document findings on 
the impacts on historic properties and summarize the status of 
consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's 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.
---------------------------------------------------------------------------

Schedule for Environmental Review

    On March 25, 2021, the Commission issued its Notice of Application 
for the Project. Among other things, that notice 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 EIS for the Project. This notice identifies 
the Commission staff's planned schedule for completion of the final EIS 
for the Project, which is based on an issuance of the draft EIS in 
December 2021.
    Issuance of Notice of Availability of the final EIS: March 18, 2022
    90-day Federal Authorization Decision Deadline: June 16, 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.

Permits and Authorizations

    The table below lists the anticipated permits and authorizations 
for the Project required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is 
not listed here. Agencies with jurisdiction by law and/or special 
expertise may formally cooperate in the preparation of the Commission's 
EIS and may adopt the EIS to satisfy its NEPA responsibilities related 
to this Project. 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.

           Environmental Permits, Approvals, and Consultations
------------------------------------------------------------------------
              Agency                    Permit/approval/consultation
------------------------------------------------------------------------
Federal Energy Regulatory           Certificate of Public Convenience
 Commission.                         and Necessity under Section 7(c) of
                                     the Natural Gas Act.
U.S. Fish and Wildlife Service....  Endangered Species Act--Section 7
                                     Consultation, Migratory Bird Treaty
                                     Act, Bald Eagle and Golden Eagle
                                     Protection Act.

[[Page 49013]]

 
Wisconsin State Historic            Section 106 of the National Historic
 Preservation Officer (SHPO).        Preservation Act.
------------------------------------------------------------------------

Environmental Mailing List

    This notice is being sent to the Commission's current environmental 
mailing list for the Project which includes federal, state, and local 
government representatives and agencies; elected officials; 
environmental and public interest groups; federally recognized Indian 
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 and includes a mailing address with 
their comments. 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. State and local government 
representatives should notify their constituents of this proposed 
project and encourage them to comment on their areas of concern.
    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 CP21-78-000 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 2).

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 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 (i.e., CP21-78). 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 https://www.ferc.gov/news-events/events along with 
other related information.

    Dated: August 26, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-18898 Filed 8-31-21; 8:45 am]
BILLING CODE 6717-01-P