[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49321-49323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18967]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-44-000]


LA Storage, LLC; Notice of Intent To Prepare an Environmental 
Impact Statement for the Proposed Hackberry Storage 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 Hackberry Storage Project 
(Project) involving construction and operation of facilities by LA 
Storage, LLC (LA Storage) in Cameron and Calcasieu Parishes, Louisiana. 
The Commission will use the EIS in its decision-making process to 
determine whether LA Storage's proposed 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 October 20, 2020, in Docket No. 
PF20-5-000, the Commission opened a scoping period during LA Storage's 
planning process for the Project and prior to filing a formal 
application with the Commission, a process referred to as ``pre-
filing.'' LA Storage has now filed an application with the Commission, 
and staff intends to prepare an EIS that will address the concerns 
raised during the pre-filing scoping process 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 26, 2021. Further details on how to 
submit comments are provided in the Public Participation section of 
this notice.
    As mentioned above, during the pre-filing process, the Commission 
opened a scoping period which expired on November 19, 2020; however, 
Commission staff continued to accept comments during the entire pre-
filing process. All substantive written and oral comments provided 
during pre-filing will be considered during the preparation of the EIS. 
Therefore, if you submitted comments on this Project to the Commission 
during the pre-filing process in Docket No. PF20-5-000 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.
    LA Storage 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 located 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-
44-000) 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

    The Project would involve the conversion of three existing salt 
dome caverns to natural gas storage service and the development of one 
new salt dome cavern for additional natural gas storage service, all 
within a permanent natural gas storage facility on a 160-acre tract of 
land owned by LA Storage. In addition to the storage caverns, LA 
Storage would construct and operate on-site compression facilities 
(Pelican Compressor Station) and up to six solution mining water supply 
wells at the storage facility on LA Storage's property; the Hackberry 
Pipeline, consisting of approximately 11.1 miles of 42-inch-diameter 
natural gas pipeline connecting the certificated Port Arthur

[[Page 49322]]

Pipeline Louisiana Connector (PAPLC) pipeline (CP18-7) to the natural 
gas storage caverns; the Cameron Interstate Pipeline (CIP) Lateral, an 
approximately 4.9-mile-long, 42-inch-diameter natural gas pipeline 
extending from the existing CIP to the planned natural gas storage 
caverns; metering and regulating at the CIP and PAPLC interconnects; 
and an approximately 6.2-mile-long, 16-inch-diameter brine disposal 
pipeline that would transport brine from the caverns to four saltwater 
disposal wells located on two pads north of the facility.
    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.'' 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.
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    Construction of the planned facilities would disturb about 441 
acres of land. Following construction, LA Storage would maintain about 
267 acres for permanent operation of the project's facilities; the 
remaining acreage would be restored and revert to former uses. The 
Hackberry Pipeline, CIP Lateral, and brine disposal pipeline would be 
collocated for 4.7 miles.
    Based on an initial review of LA Storage's proposal and public 
comments received during the pre-filing process, Commission staff have 
identified several expected impacts that deserve attention in the EIS. 
These include: Project impacts on wetlands and other fish and wildlife 
resources; impacts on water and air quality; safety of salt domes and 
brine injection; greenhouse gas emissions; and climate change.

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;
     socioeconomics;
     land use;
     greenhouse gas and climate;
     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.
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    \2\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
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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\
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    \3\ 40 CFR 1508.1(z).
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    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) 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 October 20, 2020, with the 
Louisiana State Historic Preservation Office, 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.
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    \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.
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Schedule for Environmental Review

    On February 10, 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 a 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: April 8, 2022
90-day Federal Authorization Decision Deadline \5\: July 7, 2022
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    \5\ The Commission's deadline applies to the decisions of other 
federal agencies, and state agencies acting under federally 
delegated authority, that are responsible for federal 
authorizations, permits, and other approvals necessary for proposed 
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the 
Commission's deadline for other agency's decisions applies unless a 
schedule is otherwise established by federal law.

    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.

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                  Permit                               Agency
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Clean Water Act (CWA) Section 404           U.S. Army Corps of
 Discharges to Waters of the United States.  Engineers.

[[Page 49323]]

 
Coastal Use Permit........................  Louisiana Department of
                                             Natural Resources.
Clean Air Act Title V Air Permit..........  Louisiana Department of
                                             Environmental Quality.
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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; local libraries; newspapers; 
elected officials; Native American Tribes; and other interested 
parties. 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 CP21-44-000 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., CP21-44-000). 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 27, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-18967 Filed 9-1-21; 8:45 am]
BILLING CODE 6717-01-P