[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Notices]
[Pages 77129-77131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21475]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP16-454-000; CP16-455-000; CP20-481-000]


Notice of Intent To Prepare a Supplemental Environmental Impact 
Statement for the Proposed Rio Grande LNG, LLC and Rio Bravo Pipeline 
Company, LLC Rio Grande LNG Terminal and Rio Bravo Pipeline 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 a supplemental environmental impact statement 
(supplemental EIS) that will discuss the environmental impacts of the 
Rio Grande LNG and Rio Bravo Pipeline Projects involving construction 
and operation of facilities by Rio Grande LNG, LLC and Rio Bravo 
Pipeline Company, LLC.\1\ On August 6, 2024, the U.S. Court of Appeals 
for the District of Columbia Circuit issued an opinion vacating and 
remanding the Commission's November 22, 2019 Order Granting 
Authorizations Under Sections 3 and 7 of the Natural Gas Act and its 
April 23, 2023 Order on Remand and Amending Section 7 Certificate that 
approved the liquefied natural gas (LNG) terminal and pipeline project, 
including a pipeline amendment in FERC Docket No. CP20-481-000.\2\ On 
remand, the Commission will consider whether to grant a Natural Gas Act 
(NGA) section 3(a) authorization for the Rio Grande LNG Terminal and an 
NGA section 7(c) certificate of public convenience and necessity for 
the Rio Bravo Pipeline Project.\3\ The schedule for preparation of the 
supplemental EIS is discussed in the Schedule for Environmental Review 
section of this notice.
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    \1\ In accordance with the Council on Environmental Quality's 
regulations, the unique identification number for documents relating 
to this environmental review is SEIS-019-20-000-1726224918. 40 CFR 
1502.4(e)(10) (2024).
    \2\ City of Port Isabel v. FERC, 111 F.4th 1198 (D.C. Cir. 
2024).
    \3\ The Commission approved four discrete route adjustments to 
the Rio Bravo Pipeline Project in FERC Docket No. CP23-519-000 
(Order Amending Certificate issued May 23, 2024). The supplemental 
EIS will analyze the pipeline as amended by these route adjustments.
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    The Commission must determine whether to authorize the projects 
under the NGA, taking into consideration the factors discussed in the 
court's decision. The supplemental EIS will tier off Commission staff's 
analysis and conclusions as documented in staff's April 26, 2019 final 
EIS for the projects. The focus of the supplemental EIS will be the 
issues identified by the court as requiring further analyses (i.e., 
environmental justice impacts, air quality, and alternatives). The 
Commission will use this supplemental EIS in its decision-making 
process to determine whether to authorize the Rio Grande LNG and Rio 
Bravo Pipeline Projects in light of the court's vacatur and remand.
    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 an authorization. This 
notice announces the opening of the scoping process the Commission will 
use to gather input from the public and interested agencies regarding 
the issues that will be analyzed in the supplemental EIS. Additional 
information about the Commission's NEPA process is described below in 
the NEPA Process and the Supplemental EIS section of this notice.
    By this notice, the Commission requests public comments on the 
scope of issues to address in the supplemental EIS. 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 October 15, 2024. Comments may be submitted 
in written form. Further details on how to submit comments are provided 
in the Public Participation section of this notice.
    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

[[Page 77130]]

easement agreement. You are not required to enter into an agreement. 
However, if the Commission approves the project, section 7 of the NGA 
conveys the right of eminent domain to the company.\4\ 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.
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    \4\ Eminent domain does not apply to the NGA section 3 
facilities.
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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 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 numbers (CP16-
454-000; CP16-455-000; and/or CP20-481-000) 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, 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.
    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 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 Proposed Projects

    Rio Grande LNG, LLC's stated purpose for the Rio Grande LNG 
Terminal is to develop, own, operate, and maintain an LNG export 
facility in south Texas to export 27 million tons per annum (MTPA) of 
LNG that provides an additional source of firm, long-term, and 
competitively priced LNG to the global market. Rio Bravo Pipeline 
Company, LLC's stated purpose for the Rio Bravo Pipeline Project is to 
develop, own, operate, and maintain a natural gas pipeline system to 
access natural gas from the Agua Dulce Hub for delivery at the Rio 
Grande LNG Terminal.
    The Rio Grande LNG Terminal would consist of five natural gas 
liquefaction trains, each with a nominal capacity of 5.4 MTPA; four LNG 
storage tanks; two LNG carrier loading berths; one 1,500-foot-diameter 
turning basin; LNG truck loading and unloading facilities with four 
loading bays; two natural gas liquids truck loading bays; and other 
administrative, maintenance, and support facilities. As amended, the 
Rio Bravo Pipeline Project would include: a 2.4-mile-long header 
system; approximately 136 miles of parallel 48- and 42-inch-diameter 
mainline pipelines; one compressor station; four metering sites; and 
other appurtenant facilities. The general location of the project 
facilities is shown in appendix 1.\5\
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    \5\ 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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    Based on the environmental analysis in the April 26, 2019 final 
EIS, construction and installation of facilities for the projects would 
require temporary disturbance of about 3,633.2 acres of land. Following 
construction, the LNG terminal site and pipeline facilities would 
encompass about 2,149.2 acres. The remaining 1,484.0 acres would return 
to pre-construction conditions and uses. Incorporation of the Rio Bravo 
Pipeline Amendment (Docket No. CP20-481-000) resulted in a decrease of 
48.2 acres of land, while the Rio Bravo Pipeline Route Amendment 
(Docket No. CP23-519-000) added approximately 123.3 acres to the 
overall footprint of the Rio Bravo Pipeline Project.

The NEPA Process and the Supplemental EIS

    In order to address the court's August 6, 2024 remand, Commission 
staff will supplement the analysis from the 2019 final EIS. As noted 
above, the focus of the supplemental EIS will be the issues identified 
by the court as requiring further analysis. Specifically, the 
supplemental EIS will include: (1) an updated analysis of the 
environmental justice impacts associated with the construction and 
operation of the Rio Grande LNG Terminal and the Rio Bravo Pipeline 
Project; (2) a revised analysis of air quality impacts resulting from 
construction and operational emissions; and (3) an updated alternatives 
analysis, including carbon capture and sequestration.
    Commission staff will also make recommendations on how to lessen or 
avoid the impacts analyzed in the supplemental EIS. Your comments will 
help Commission staff focus its analysis on the issues that may have a 
significant effect on the human environment.
    The supplemental EIS will present Commission staff's independent 
analysis of the issues. Staff will prepare a draft supplemental EIS 
which will be issued for public comment. Commission staff will consider 
all timely comments received during the comment period on the draft 
supplemental EIS and revise the document, as necessary, before issuing 
a final supplemental EIS. Any draft and final supplemental EIS will be 
available in electronic format in the public record through eLibrary 
\6\ and the Commission's natural gas environmental documents web page 
(https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If

[[Page 77131]]

eSubscribed, you will receive instant email notification when the 
environmental document is issued.
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    \6\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
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Alternatives Under Consideration

    This supplemental EIS will evaluate reasonable alternatives that 
are technically and economically feasible and meet the purpose and need 
for the proposed action.\7\ Alternatives currently under consideration 
include:
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    \7\ 40 CFR 1508.1(z)
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     the no-action alternative, meaning the project is not 
implemented; and
     carbon capture and sequestration.
    With this notice, the Commission requests specific comments 
regarding any additional potential alternatives to the proposed action. 
Please focus your comments on reasonable alternatives (including 
alternative facility sites and pipeline routes not previously analyzed) 
that meet the project objectives, are technically and economically 
feasible, and avoid or lessen environmental impact.

Schedule for Environmental Review

    This notice identifies the Commission staff's planned schedule for 
completion of the final supplemental EIS for the projects, which is 
based on an issuance of the draft supplemental EIS in March 2025, 
opening a 45-day comment period.

Issuance of Notice of Availability of the final supplemental EIS--July 
31, 2025
90-day Federal Authorization Decision Deadline \8\--October 29, 2025
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    \8\ 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 NGA. 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.

    In accordance with the Council on Environmental Quality's 
regulations, for EISs, agencies are to make schedules for completing 
the NEPA process publicly available.\9\ This notice identifies the 
Commission's anticipated schedule for issuance of the final order for 
the projects, which serves as the Commission's record of decision. We 
currently anticipate issuing a final order for the projects no later 
than:
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    \9\ 40 CFR 1501.10(h) (2024).

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Issuance of Final Order--November 20, 2025

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

Environmental Mailing List

    This notice is being sent to the Commission's current environmental 
mailing list for the projects which 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 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 projects.
    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 (i.e., CP16-454-000; CP16-
455-000; and/or CP20-481-000) 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 projects 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, excluding the last three digits (i.e., 
CP16-454, CP16-455, or CP20-481). 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: September 13, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-21475 Filed 9-19-24; 8:45 am]
BILLING CODE 6717-01-P