[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Notices]
[Pages 68886-68889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19359]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. PF24-4-000]
DeLa Express LLC; Notice of Scoping Period Requesting Comments on
Environmental Issues for the Planned Dela Express Project, and Notice
of Public Scoping Sessions
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document that will discuss
the environmental impacts of the DeLa Express Project involving
construction and operation of facilities by DeLa Express LLC (DeLa
Express) in Reeves, Loving, Andrews, Ward, Winkler, Ector, Midland,
Upton, Glasscock, Sterling, Coke, Runnels, Coleman, Brown, Mills,
Hamilton, Coryell, McLennan, Falls, Bell, Robertson, Milam, Brazos,
Grimes, Montgomery, Walker, San Jacinto, Liberty, Hardin, Jefferson,
and Orange Counties, Texas and Calcasieu Parish, Louisiana. The
Commission will use this environmental document in its decision-making
process to determine whether the project is in the public convenience
and necessity.
This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. 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 from its action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity. This
gathering of public input is referred to as ``scoping.'' The main goal
of the scoping process is to focus the analysis in the environmental
document on the important environmental issues. Additional information
about the Commission's NEPA process is described below in the NEPA
Process and Environmental Document section of this notice.
By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. 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 23, 2024. Comments may be
submitted in written or oral form. Further details on how to submit
comments are provided in the Public Participation section of this
notice.
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 environmental document. Commission
staff will consider all written or oral comments during the preparation
of the environmental document.
If you submitted comments on this project to the Commission before
the opening of this docket on April 2, 2024, you will need to file
those comments in Docket No. PF24-4-000 to ensure they are considered.
This notice is being sent to the Commission's current environmental
mailing list, as described in the Environmental Mailing List section of
this notice. 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 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 subsequently grant, exercise, or oversee the exercise of that
eminent domain authority. The courts have exclusive authority to
[[Page 68887]]
handle eminent domain cases; the Commission has no jurisdiction over
these matters.
A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' 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, Landowner Topics
link.
Public Participation
There are four methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected].
(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 (PF24-4-
000) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Debbie-Anne A. Reese, Acting Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
(4) In lieu of sending written comments, the Commission invites you
to attend one of the public scoping sessions its staff will conduct in
the project area, scheduled as follows:
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Date and time Location
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Monday, September 9, 2024, Harvest Event Center, 9775 Highway 146 N,
4:30-6:30 p.m. Liberty, TX 77575.
Tuesday, September 10, 2024, Ward 7 Recreation Center, 1615 Horridge
4:30-6:30 p.m. Street, Vinton, LA 70668.
Wednesday, September 11, Cleveland Civic Center, 210 Peach Avenue,
2024, 4:30-6:30 p.m. Cleveland, TX 77327.
Thursday, September 12, 2024, Huntsville Public Library, 1219 13th
4:30-6:30 p.m. Street, Huntsville, TX 77340.
Tuesday, September 10, 2024, Ballinger Community Center, 200 Crosson
4:30-6:30 p.m. Avenue, Ballinger, TX 76821.
Wednesday, September 11, Sterling County Senior Citizens Center,
2024, 4:30-6:30 p.m. 410 Stadium Street, Sterling City, TX
76951.
Thursday, September 12, 2024, Lawndale Community Center, 9201 Rainbow
4:30-6:30 p.m. Drive, Odessa, TX 79765.
Monday, September 16, 2024, Kurten Community Center, 13055 E. State
4:30-6:30 p.m. Highway 21, Kurten, TX 77862.
Tuesday, September 17, 2024, Westphalia Parish Hall, 114 County Road
4:30-6:30 p.m. 3000, Lott, TX 76656.
Wednesday, September 18, Windmill Hill Venue, 1808 Bridge Street,
2024, 4:30-6:30 p.m. Gatesville, TX 76528.
Thursday, September 19, 2024, Adams Street Community Center, 511 E
4:30-6:30 p.m. Adams Street, Brownwood, TX 76801.
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The primary goal of these scoping sessions is to have you identify
the specific environmental issues and concerns that should be
considered in the environmental document. Individual oral comments will
be taken on a one-on-one basis with a court reporter. This format is
designed to receive the maximum amount of oral comments in a convenient
way during the timeframe allotted.
Each scoping session is scheduled from 4:30 p.m. to 6:30 p.m.
Central. You may arrive at any time after 4:30 p.m. There will not be a
formal presentation by Commission staff when the session opens. If you
wish to speak, the Commission staff will hand out numbers in the order
of your arrival. Comments will be taken until 6:30 p.m. However, if no
additional numbers have been handed out and all individuals who wish to
provide comments have had an opportunity to do so, staff may conclude
the session at 6:00 p.m. Please see appendix 1 for additional
information on the session format and conduct.\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. For
assistance, contact FERC at [email protected] or call toll
free, (886) 208-3676 or TTY (202) 502-8659.
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Your scoping comments will be recorded by a court reporter (with
FERC staff or representative present) and become part of the public
record for this proceeding. Transcripts will be publicly available on
FERC's eLibrary system (see the last page of this notice for
instructions on using eLibrary). If a significant number of people are
interested in providing oral comments in the one-on-one settings, a
time limit of 5 minutes may be implemented for each commentor.
It is important to note that the Commission provides equal
consideration to all comments received, whether filed in written form
or provided orally at a scoping session. Although there will not be a
formal presentation, Commission staff will be available throughout the
scoping session to answer your questions about the environmental review
process. Representatives from DeLa Express will also be present to
answer project-specific questions.
Additionally, the Commission offers a free service called
eSubscription, which makes it easy to stay informed of all issuances
and submittals regarding the dockets/projects to which you subscribe.
These instant email notifications are the fastest way to receive
notification and provide a link to the document files which can reduce
the amount of time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and
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others, access publicly available information and navigate Commission
processes. For public inquiries and assistance with making filings such
as interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at (202)502-6595 or [email protected].
Summary of the Planned Project
DeLa Express plans to construct and operate an approximately 645.5-
mile-long, 42-inch-diameter natural gas transportation mainline
pipeline originating in Winkler County, Texas to a termination point in
Calcasieu Parish, Louisiana. The Project would also consist of six
lateral pipelines (totaling 139 miles). The DeLa Express Project would
provide about 2 billion cubic feet per day of natural gas
transportation from the Permian Basin in West Texas to Gulf Coast
markets between Jefferson County, Texas and Cameron Parish, Louisiana.
The Project is specifically designed to ease future supply and demand
market constraints and increase U.S. consumers' access to natural gas
and natural gas liquids. The Project will enable DeLa Express to
transport liquids-rich natural gas from Permian receipt points with
metering, dew point control, and heavy liquids removal to the Lake
Charles, Louisiana area.
The DeLa Express Project would include construction of the
following facilities:
645.5 miles of 42-inch-diameter mainline pipeline from
Compressor Station 1 in Winkler County, Texas to a gas plant in
Calcasieu Parish, Louisiana;
six pipeline laterals, including the:
[cir] Field Gas Transport Lateral--a 60.0-mile, 42-inch-diameter
pipeline in Reeves, Loving, and Winkler Counties. DeLa Express would
also construct a 35.5-mile non-jurisdictional liquids line adjacent to
the Field Gas Transport Lateral.
[cir] Red Bluff Lateral--an 8.3-mile, 24-inch-diameter pipeline in
Reeves County, Texas;
[cir] China Draw Lateral--a 6.7-mile, 30-inch-diameter pipeline in
Reeves County, Texas;
[cir] Lea Lateral--a 5.9-mile, 30-inch-diameter pipeline in Loving
County, Texas;
[cir] Pecos Lateral--a 33.8-mile, 30-inch-diameter pipeline in
Winkler and Ward Counties, Texas. DeLa Express would also construct a
non-jurisdictional liquids line adjacent to the full length of the
Pecos Lateral.
[cir] Andrews Lateral--a 24.3-mile, 30-inch-diameter pipeline in
Winkler and Andrews Counties, Texas. DeLa Express would also construct
a non-jurisdictional liquids line adjacent to the full length of the
Andrews Lateral.
six new electric-driven compressor stations, including one
each in Winkler, Glasscock, Coleman, Coryell, Brazos, and Liberty
Counties, Texas;
three new dew point control sites \2\ in Loving, Ward, and
Andrews Counties, Texas;
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\2\ Dew point control facilities are used to remove heavy
liquids that condense as wet gas cools in a pipeline.
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one new stabilization plant collocated with the compressor
station in Winkler County, Texas;
a total of 42 mainline and 5 lateral valve sites;
multiple meter stations collocated at other aboveground
facilities; and,
pig launcher/receiver sites, including 10 collocated
within other aboveground facilities and 4 standalone sites.
The general location of the project facilities is shown in appendix
2.
Land Requirements for Construction
Construction of the planned facilities would disturb about 12,940
acres of land for the aboveground facilities and the pipelines.
Following construction, DeLa Express would maintain about 5,459 acres
for permanent operation of the project's facilities; the remaining
acreage would be restored. About 83 percent of the planned pipeline
route parallels existing pipeline, utility, or road rights-of-way.
NEPA Process and the Environmental Document
Any environmental document issued by Commission staff will discuss
impacts that could occur as a result of the construction and operation
of the planned 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;
environmental justice;
air quality and noise; and
reliability and safety.
Commission staff have already identified several issues that
deserve attention based on a preliminary review of available draft
reports and monthly updates provided by DeLa Express. This preliminary
list of issues may change based on your comments and our analysis of
final reports provided with the application for the Project:
cumulative impacts associated with multiple adjacent
pipeline easements;
wetland and waterbody impacts;
specialty crops and agricultural land use;
environmental justice concerns;
pipeline safety;
noise and air impacts associated with compressor stations;
impacts on existing buried utility lines;
post-construction vegetation restoration;
federal and state land impacts; and
federally and state listed species.
Commission staff will also evaluate reasonable 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. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further study and discussion in the environmental
document.
Although no formal application has been filed, Commission staff
have already initiated a 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 Commission receives an application. As part of the
pre-filing review, Commission staff will contact federal and state
agencies to discuss their involvement in the scoping process and the
preparation of the environmental document.
If a formal application is filed, Commission staff will then
determine whether to prepare an Environmental Assessment (EA) or an
Environmental Impact Statement (EIS). The EA or the EIS will present
Commission staff's independent analysis of the environmental issues. If
Commission staff prepares an EA, a Notice of Schedule for the
Preparation of an Environmental Assessment will be issued. The EA may
be issued for an allotted public comment period. The Commission would
consider timely comments on the EA before making its determination on
the proposed project. If Commission staff prepares an EIS, a Notice of
Intent to Prepare an EIS/Notice of Schedule will be issued once an
application is filed, which will open an additional public comment
period. Staff will then prepare a draft EIS that 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 EA or draft and
final EIS will be available in
[[Page 68889]]
electronic format in the public record through eLibrary \3\ 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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\3\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues related to this project to formally cooperate in
the preparation of the environmental document.\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. Currently, no agencies have
expressed their intention to participate as a cooperating agency in the
preparation of the environmental document to satisfy their NEPA
responsibilities related to this project.
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\4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, part 1501.8.
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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 is using this notice to initiate
consultation with the applicable State Historic Preservation Office(s),
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\ The environmental document 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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Environmental Mailing List
The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental justice stakeholders 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 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 planned project.
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 PF24-4-000 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 3).
Becoming an Intervenor
Once DeLa Express files its application with the Commission, you
may want to become an ``intervenor'' which is an official party to the
Commission's proceeding. Only intervenors have the right to seek
rehearing of the Commission's decision 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 pursuant to Rule 214 of the Commission's Rules of Practice
and Procedures (18 CFR 385.214). Motions to intervene are more fully
described at https://www.ferc.gov/how-intervene. 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, after which the Commission will issue a public notice that
establishes an intervention deadline.
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 (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 toll free at (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.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-19359 Filed 8-27-24; 8:45 am]
BILLING CODE 6717-01-P