Advance Notice of Intent To Prepare a Programmatic Environmental Impact Statement for the Designation of Energy Corridors on Federal Lands in 39 States, Amend Relevant Agency Land Use or Equivalent Plans and Notice of Floodplain and Wetlands Involvement, 57613-57616 [E8-23475]
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[FR Doc. E8–23356 Filed 10–2–08; 8:45 am]
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DEPARTMENT OF ENERGY
Advance Notice of Intent To Prepare a
Programmatic Environmental Impact
Statement for the Designation of
Energy Corridors on Federal Lands in
39 States, Amend Relevant Agency
Land Use or Equivalent Plans and
Notice of Floodplain and Wetlands
Involvement
Department of Energy (DOE),
Office of Electricity Delivery and Energy
Reliability (OE).
ACTION: Advance Notice of Intent.
AGENCY:
SUMMARY: Section 368(b) of the Energy
Policy Act of 2005 (the Act), Public Law
109–58 (August 8, 2005), directs the
Secretaries of Agriculture, Commerce,
Defense, Energy, and the Interior
(Secretaries) to identify corridors
(Section 368 corridors) on Federal lands
in 39 States, other than the 11
contiguous Western States (Arizona,
California, Colorado, Idaho, Montana,
Nevada, New Mexico, Oregon, Utah,
Washington, and Wyoming) (11 Western
States) that might be used for oil, gas
and hydrogen pipelines and electricity
transmission and distribution facilities.
Section 368 further requires the
Secretaries to identify these Section 368
corridors by August 8, 2009, and
schedule prompt action to designate and
incorporate the Section 368 corridors
into applicable land use or equivalent
plans. The designation must specify the
centerline, width and compatible uses
of the Section 368 corridors.
In proposing how and where to
designate Section 368 corridors, the
Secretaries must take into account the
need for upgraded and new electricity
transmission and distribution facilities
to (1) Improve reliability; (2) relieve
congestion; and (3) enhance the
capability of the national grid to deliver
electricity. The Section 368 corridor
designations would not authorize
development but would serve as a
planning tool to identify the preferred
locations for siting potential energy
transport projects in the future.
DOE, the Department of the Interior
(DOI), the Department of Agriculture
(USDA) and the Department of Defense
(DOD) (the Agencies) intend to prepare
a programmatic environmental impact
statement (PEIS), entitled Designation of
Energy Corridors on Federal Land in 39
States (DOE/EIS–0406), to identify any
environmental impacts that may result
from the proposed action of designating
Section 368 corridors and incorporating
them into applicable land use or
equivalent plans. The Agencies also will
identify the environmental impacts from
the range of reasonable alternatives to
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the proposed action. DOE and DOI,
through the Bureau of Land
Management (BLM), intend to be colead agencies for this effort; USDA,
through the United States Forest Service
(FS), and DOD intend to participate as
cooperating agencies.
DOE is issuing this Advance Notice of
Intent (ANOI), pursuant to 10 CFR
1021.311(b), in order to request early
comments and suggestions from Federal
and State agencies, Tribal and local
governments, the public, and other
interested parties. Comments and
suggestions will assist the Agencies in
identifying the location of potential
Section 368 corridors on Federal lands
in 39 States, the preliminary range of
reasonable alternatives, screening
criteria, and the potential environmental
impacts related to the Agencies’
designation of Section 368 corridors on
Federal land in 39 States. The early
comments on the potential location of
Section 368 corridors will inform DOE’s
decision on where to hold scoping
meetings.
Because the proposed action may
involve actions in a floodplain or
wetland, the draft PEIS would include
a floodplain and wetlands assessment,
as required by 10 CFR 1022, and the
final PEIS or agency records of decision
would include a floodplain statement of
findings. The Agencies will prepare the
PEIS in accordance with the National
Environmental Policy Act (NEPA); the
Council on Environmental Quality’s
NEPA implementing regulations, 40
CFR 1500–1508; DOE’s NEPA
implementing regulations promulgated
pursuant to NEPA, 10 CFR 1021; BLM’s
planning regulations, 43 CFR 1600; and
applicable FS planning regulations to
amend land use plans.
DATES: The public comment period for
this ANOI starts with the publication of
this notice in the Federal Register and
will continue until December 2, 2008.
Comments received or postmarked after
that date will be considered to the
extent practicable. The Agencies plan to
issue a Notice of Intent (NOI) for this
PEIS following analysis of comments
and suggestions received on the ANOI.
After the NOI is issued, the Agencies
will conduct public scoping meetings to
assist in further defining the scope of
the PEIS and to identify significant
issues to be addressed. The dates and
locations of all scoping meetings will be
announced in the NOI, subsequent
Federal Register notices, and in local
media.
ADDRESSES: Comments or suggestions
on the scope of the PEIS and the
proposed action should be sent to: Brian
Mills at the U.S. Department of Energy,
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Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices
Office of Electricity Delivery and Energy
Reliability (OE–20), 1000 Independence
Avenue, SW., Washington, DC 20585;
phone 202–586–8267; facsimile at 202–
586–8008; or by electronic mail at
Brian.Mills@hq.doe.gov.
To
request further information about this
PEIS, the public scoping meetings, or to
be placed on the PEIS distribution list,
use any of the methods listed under
ADDRESSES above. For general
information on the DOE NEPA process
please contact: Carol M. Borgstrom,
Director, Office of NEPA Policy and
Compliance (GC–20), U.S. Department
of Energy, 1000 Independence Avenue,
SW., Washington, DC 20585–0103;
phone 202–586–4600; leave a message
at 800–472–2756; or facsimile at 202–
586-7031. Further information about
this effort, including maps showing
Federal lands and existing
infrastructure, may be found on the
project Web site at
eastcorridoreis.anl.gov.
FOR FURTHER INFORMATION CONTACT:
The
Department of Energy (DOE) hereby
provides advance notice that several
Federal Agencies intend to prepare a
Programmatic Environmental Impact
Statement (PEIS) to analyze the
environmental impacts from the
proposed action and the range of
reasonable alternatives for
implementing Section 368 of the Energy
Policy Act of 2005, entitled Energy
Right-of-Way Corridors on Federal Land.
The Agencies intend to prepare this
PEIS pursuant to NEPA, the CEQ’s
NEPA implementing regulations, 40
CFR 1500–1508; DOE’s NEPA
implementing regulations promulgated
pursuant to NEPA, 10 CFR 1021; BLM’s
planning regulations, 43 CFR 1600; and
applicable FS planning regulations to
amend land use plans. DOE issues this
ANOI pursuant to 10 CFR 1021.311(b).
SUPPLEMENTARY INFORMATION:
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Background and Purpose and Need for
Agency Action
As outlined below, the purpose and
need for the Agency action is to
implement Section 368 of EPAct 2005.
Recognizing the shortcomings in the
nation’s energy infrastructure Congress
required in Section 368(a) that the
Agencies and the Department of
Commerce (1) Designate, under their
respective authorities, corridors for oil,
gas, and hydrogen pipelines and
electricity transmission and distribution
facilities on Federal land* * *; (2)
perform any environmental reviews that
may be required to complete the
designation of such corridors; and (3)
incorporate the designated corridors
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into the relevant land use and resource
management plans or equivalent plans.
Congress placed the highest priority
on implementing Section 368 with
respect to the 11 contiguous Western
States. The Agencies issued a Draft PEIS
for the Designation of Corridors on
Federal Land in the 11 Western States
(DOE/EIS–0386) on November 16, 2007,
and are currently preparing a Final
PEIS. The Notice of Availability for the
Draft PEIS is published on November
16, 2007 (72 FR 64591).
The PEIS at issue here is for
implementing Section 368 with respect
to the other 39 States (39 States).
Section 368(b) of the Act requires the
Agencies and the Department of
Commerce to identify corridors in the
39 States by August 8, 2009, and then
to schedule prompt action to identify,
designate, and incorporate those
corridors in the applicable land use
plans. Pursuant to Section 368(e), the
designation must specify the corridor’s
centerline, width and compatible uses.
Further, Section 368(c)(2) requires
‘‘The Secretaries, in consultation with
the Federal Energy Regulatory
Commission, affected utility industries,
and other interested parties, shall
establish procedures under their
respective authorities that * * * (2)
expedite applications to construct or
modify oil, gas and hydrogen pipelines
and electricity transmission and
distribution facilities within such
corridors, taking into account prior
analyses and environmental reviews
undertaken during the designation of
such corridors.’’
Section 368(d) of the Act provides the
Agencies with an outline of the goals of
the Section 368 energy corridors:
‘‘* * * in carrying out this section, the
Secretaries shall take into account the
need for upgraded and new electricity
transmission and distribution facilities
to—(1) Improve reliability; (2) relieve
congestion; and (3) enhance the
capability of the national grid to deliver
electricity.’’
It is important to note that the
designated Section 368 corridors would
not themselves authorize development.
Rather, designating the Section 368
corridors and amending relevant land
use plans would constitute an
administrative action that simply
identifies the Agencies’ preferred
location for future development of
energy transport projects. The Agencies
also intend to improve coordination
among the Agencies and to develop
Interagency Operating Procedures (IOPs)
to increase their efficiency in reviewing
applications for projects within the
Section 368 corridors.
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Within the 39 States addressed by the
proposed action, the Federal
government owns 21.2% of the total
land area with the FS, DOD, U.S. Fish
and Wildlife Service, and National Park
Service being the principal land
stewards. Federal land comprises a
small percentage of the 39 States in
comparison with the high percentage of
Federal land in the 11 Western States.
Only 4.8% of the total land area within
the 37 contiguous States and 8.9% of
Hawaii is Federal land whereas about
50% of the 11 Western states are Federal
lands. Alaska, whose land area is 58.1%
Federal, is the one notable exception.
As opposed to the 11 Western States,
where development on Federal land is
clearly necessary to improve energy
delivery to population centers, it is
unclear that Section 368 corridors in all
39 States, particularly those with
relatively few acres of Federal land,
would improve energy delivery
significantly enough to warrant their
designation. The Agencies hope to
receive comments from the general
public, Tribes, States, and industry,
during the NEPA process, to help
identify not only environmental
considerations relevant to designating
Section 368 corridors but also where
designated Section 368 corridors would
serve the broad goal of improving
energy delivery.
The Agencies are providing detailed
information concerning Federal lands in
the 39 States at the project’s Web site:
eastcorridoreis.anl.gov. This
information includes location maps,
existing infrastructure on Federal lands,
acreage tabulations and links to
additional sites such as the United
States Geological Survey National Atlas
that contain printable State maps
showing Federal lands. Comments on
this ANOI, particularly those that help
identify potential locations for Section
368 corridors, will inform the Agencies’
decision on where to hold public
scoping meetings after issuing a Notice
of Intent to prepare the PEIS.
Proposed Action and Alternatives
The Proposed Action in this PEIS is
to identify and designate Section 368
corridors and incorporate them into the
applicable land use or equivalent plans
on Federal lands within 39 States for
oil, gas, and hydrogen pipelines and
electricity transmission and distribution
facilities. These designated Section 368
corridors would be the preferred
location for future energy right-of-way
(ROW) project development. It should
be noted that Section 368 applies only
to Federal lands.
At the outset, it is important to
understand the distinction between a
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linear infrastructure ROW and the
Section 368 corridors. An ROW is a land
use authorization to allow construction
and operation of a specific energy
transport project on identified Federal
lands. In contrast, a Section 368 corridor
would not authorize any energy
transport projects. It would identify
Federal lands where the construction,
operation or upgrade of one or more
energy transport projects is preferred.
As guided by the Federal Land Policy
and Management Act of 1976 (FLPMA),
Section 368 corridors would assist in
minimizing adverse impacts and the
proliferation of separate ROWs (which
could be consolidated into a single
Section 368 corridor). The Section 368
corridors would constitute a planning
tool.
The Proposed Action would not
authorize project activities. When a
specific project such as construction of
a new pipeline or electric transmission
line or retrofitting utilities within a
Section 368 corridor is proposed, the
proponent would apply for an ROW and
the project would be subject to sitespecific NEPA analysis, which would
include public comment. The Agencies
believe that the PEIS will supply
information that the Agencies can
reference, as appropriate, in the event
that they prepare site-specific NEPA
documents to support a request for an
ROW.
The Draft PEIS will analyze at least
three alternatives, including: (1) A No
Action Alternative; (2) designation of
existing ROWs as Section 368 corridors
(Existing ROW Alternative); (3)
designation of existing ROWs and routes
where there are no ROWs as Section 368
corridors (New Corridors Alternative).
The information received as a result of
this notice and future public scoping
may result in additional alternatives
being evaluated.
issue ROWs pursuant to their present
practices. These practices would
include the application of local
planning criteria by each Federal land
management office. Local planning
criteria may not include the specificity
required by Section 368 to, at a
minimum, specify the centerline, width,
and compatible uses of a corridor.
No Action Alternative
Under the No Action Alternative,
Section 368 corridors would not be
designated on Federal lands in any of
the 39 States; the siting and
development of energy transport
projects would continue under current
agency procedures for granting ROWs;
and energy transport project applicants
would have to satisfy the often disparate
application requirements of multiple
agencies for the same project. There
would be relatively little coordination
for siting and permitting these projects
to meet current and future energy needs
in the 39 States.
The parts of the PEIS that discuss the
No Action Alternative would identify
the environmental impacts associated
with each of the Agencies continuing to
The following represent screening
criteria that could help identify the
preferred locations of Section 368
corridors. The screening criteria would
be used to identify both presumptively
suitable land for future development of
energy transport projects and land use
considerations that potentially influence
the designation of these Federal lands as
Section 368 corridors.
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Existing ROW Alternative
Under this alternative, the Agencies
would review existing ROWs and, if
suitable, designate these ROWs as
Section 368 corridors and incorporate
those Section 368 corridors through
amendment into relevant land use and
resource management plans. These
Section 368 corridors would constitute
preferred locations for future ROWs for
projects on Federal lands. The PEIS
would identify the environmental
impacts, if any, associated with each of
the Agencies designating the Section
368 corridors and amending relevant
land use and resource management
plans.
New Corridors Alternative
Under the New Corridors Alternative,
the Agencies would designate as Section
368 corridors the existing ROWs
together with newly designated Section
368 corridors. These Section 368
corridors would comprise preferred
locations for future ROWs on Federal
lands.
Based upon the information and
analyses developed in this PEIS, if an
Agency decides to implement an action
alternative, the Agency would issue a
Record of Decision (ROD) to designate a
series of Section 368 energy corridors by
amending the appropriate land use
plans.
Potential Section 368 Corridor
Screening Criteria
Existing ROWs
(1) Locally designated utility corridors
identified in land use plans pursuant to
FLPMA; (2) Utility ROWs in current use
(built before 1969); (3) ROWs in current
use (built after 1969); (4) Related ROW
use (e.g. transportation easement); and
(5) Existing deeded easements for
electrical transmission lines.
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Land classifications that could restrict
designation of Section 368 corridors,
including those Federal lands of
ecological, cultural, scientific,
educational or recreational resources:
(1) Wilderness areas including study,
eligible, proposed, recommended, or
designated wilderness area; (2) Wild
and scenic rivers; (3) National Park
Service Units (designated as Parks,
Monuments, Preserves/National
Reserves, Historic Sites, Historical
Parks, Military Parks, Memorials,
Battlefields, Cemeteries, Recreation
Areas, Seashores, Lakeshores, Rivers/
Scenic Rivers, Parkways, Trails); (4)
National wildlife refuges; (5) National
Monuments; (6) Roadless areas; (7)
National natural landmarks; (8) National
conservation areas; (9) Areas of critical
environmental concern; (10) World
heritage sites; (11) Research natural
areas; (12) Experimental forests; (13)
Paleontological resource sites; (14)
Military installations/training and
testing areas; (15) DOD special use air
space; (16) Citizen proposed wilderness
areas; (17) National Historic Register
sites; (18) Critical habitat for threatened,
endangered or candidate species; (19)
Citizen proposed wilderness study
areas; and (20) Native American cultural
resource sites.
Identification of Environmental Issues
The purpose of this ANOI is to solicit
comments and suggestions for
consideration in the preparation of the
PEIS and to help inform the Agencies on
where to hold scoping meetings
following the issuance of an NOI. As
background for public comment, this
advance notice contains a list of
potential environmental issues that the
Agencies have tentatively identified for
analysis. This list is not intended to be
all-inclusive or to imply any
predetermination of impacts, nor does it
imply that there are direct, indirect or
cumulative impacts from the Proposed
Action. The following is a preliminary
list of issues that may be analyzed in the
PEIS: (1) Impacts on existing and future
land uses; (2) Socioeconomic and
recreational impacts of future
development of ROWs and their
subsequent use; (3) Impacts of future
development on protected, threatened,
endangered, or sensitive species of
animals or plants, or their critical
habitats; (4) Impacts on floodplains and
wetlands; (5) Impacts on archaeological,
cultural, or historic resources; (6)
Impacts on human health and safety; (7)
Visual impacts; and (8)
Disproportionately high and adverse
impacts on minority and low-income
populations, also known as
environmental justice considerations.
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PEIS Process
Interested parties are invited to
participate in the PEIS process, both to
refine the preliminary alternatives and
environmental issues to be analyzed in
depth and to eliminate from detailed
study those alternatives and
environmental issues that are not
reasonable or pertinent. The Agencies
plan to issue a NOI by the end of 2008,
which will be followed by a public
scoping period. The scoping process is
intended to involve all interested
agencies (Federal, State, county, and
local), public interest groups, Native
American Tribes, businesses, and
members of the public.
Draft PEIS Schedule and Availability
The Agencies plan to issue a Draft
PEIS in 2009. The availability of the
Draft PEIS and dates for public hearings
to receive comments on it will be
announced in the Federal Register and
local media. The Agencies will consider
comments on the Draft PEIS when they
prepare the Final PEIS. Interested
parties who do not wish to submit
comments or suggestions at this time,
but who would like to receive a copy of
the Draft PEIS and other project
materials, please contact Brian Mills as
provided in the ADDRESSES section of
this notice.
Issued in Washington, DC, on September
29, 2008.
Kevin M. Kolevar,
Assistant Secretary, Electricity Delivery and
Energy Reliability, Department of Energy.
[FR Doc. E8–23475 Filed 10–2–08; 8:45 am]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP08–476–000]
Transcontinental Gas Pipe Line
Corporation; Notice of Application
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September 29, 2008.
Take notice that on September 18,
2008, Transcontinental Gas Pipeline
Corporation (Transco), 2800 Post Oak
Boulevard, PO Box 1396, Houston,
Texas 77251–1396, filed in the above
referenced docket an application
pursuant to section 7(c) of the Natural
Gas Act (NGA), and Part 157 of the
Commission’s Regulations for a
certificate of public convenience an
necessity authorizing Transco’s Mobile
Bay South Expansion Project (Project),
an expansion of the capacity on
Transco’s existing Mobile Bay Lateral
located in southwest Alabama. In order
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to create the incremental firm
transportation capacity for the Project,
Transco proposes to construct a new
compressor station (Station 85) and
appurtenant facilities to be located at
the interconnection of the Mobile Bay
Lateral with Transco’s mainline in
Choctaw County, Alabama. Under the
Project, Transco states that it will
provide 253,500 dekatherms per day
(Dth/day) of incremental year-round
firm transportation capacity from
Transco’s Station 85 to delivery points
on the Mobile Bay Lateral, including, an
existing interconnection with
Gulfstream Natural Gas System, L.L.C.
in Coden, Alabama (Gulfstream).
Transco proposes its Zone 4A rates
under Rate Schedule FT as the initial
rates for service under the Project. In
addition, Transco requests that the costs
of the project be granted rolled-in rate
treatment, all as more fully set forth in
the application which is on file with the
Commission and open to public
inspection. The filing may also be
viewed on the Web at https://
www.ferc.gov using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. For
assistance, please contact FERC Online
Support at
FERCOnlineSupport@ferc.gov or toll
free at (866) 208–3676, or TTY, contact
(202) 502–8659.
Any questions concerning this
application may be directed to Ingrid
Germany, Staff Regulatory Analyst,
Transcontinental Gas Pipe Line Corp.,
PO Box 1396, Houston, Texas, 77251–
1396 at (713) 215–4015.
Pursuant to section 157.9 of the
Commission’s Rules, 18 CFR 157.9,
within 90 days of this Notice the
Commission staff will either: complete
its environmental assessment (EA) and
place it into the Commission’s public
record (eLibrary) for this proceeding; or
issue a Notice of Schedule for
Environmental Review. If a Notice of
Schedule for Environmental Review is
issued, it will indicate, among other
milestones, the anticipated date for the
Commission staff’s issuance of the final
environmental impact statement (FEIS)
or EA for this proposal. The filing of the
EA in the Commission’s public record
for this proceeding or the issuance of a
Notice of Schedule for Environmental
Review will serve to notify federal and
state agencies of the timing for the
completion of all necessary reviews, and
the subsequent need to complete all
federal authorizations within 90 days of
the date of issuance of the Commission
staff’s FEIS or EA.
There are two ways to become
involved in the Commission’s review of
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this project. First, any person wishing to
obtain legal status by becoming a party
to the proceedings for this project
should, on or before the comment date
stated below, file with the Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,
a motion to intervene in accordance
with the requirements of the
Commission’s Rules of Practice and
Procedure (18 CFR 385.214 or 385.211)
and the Regulations under the NGA (18
CFR 157.10). A person obtaining party
status will be placed on the service list
maintained by the Secretary of the
Commission and will receive copies of
all documents filed by the applicant and
by all other parties. A party must submit
14 copies of filings made with the
Commission and must mail a copy to
the applicant and to every other party in
the proceeding. Only parties to the
proceeding can ask for court review of
Commission orders in the proceeding.
However, a person does not have to
intervene in order to have comments
considered. The second way to
participate is by filing with the
Secretary of the Commission, as soon as
possible, an original and two copies of
comments in support of or in opposition
to this project. The Commission will
consider these comments in
determining the appropriate action to be
taken, but the filing of a comment alone
will not serve to make the filer a party
to the proceeding. The Commission’s
rules require that persons filing
comments in opposition to the project
provide copies of their protests only to
the party or parties directly involved in
the protest.
Persons who wish to comment only
on the environmental review of this
project should submit an original and
two copies of their comments to the
Secretary of the Commission.
Environmental commentors will be
placed on the Commission’s
environmental mailing list, will receive
copies of the environmental documents,
and will be notified of meetings
associated with the Commission’s
environmental review process.
Environmental commentors will not be
required to serve copies of filed
documents on all other parties.
However, the non-party commentors
will not receive copies of all documents
filed by other parties or issued by the
Commission (except for the mailing of
environmental documents issued by the
Commission) and will not have the right
to seek court review of the
Commission’s final order.
The Commission strongly encourages
electronic filings of comments, protests
and interventions in lieu of paper using
the ‘‘eFiling’’ link at https://
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[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57613-57616]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23475]
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DEPARTMENT OF ENERGY
Advance Notice of Intent To Prepare a Programmatic Environmental
Impact Statement for the Designation of Energy Corridors on Federal
Lands in 39 States, Amend Relevant Agency Land Use or Equivalent Plans
and Notice of Floodplain and Wetlands Involvement
AGENCY: Department of Energy (DOE), Office of Electricity Delivery and
Energy Reliability (OE).
ACTION: Advance Notice of Intent.
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SUMMARY: Section 368(b) of the Energy Policy Act of 2005 (the Act),
Public Law 109-58 (August 8, 2005), directs the Secretaries of
Agriculture, Commerce, Defense, Energy, and the Interior (Secretaries)
to identify corridors (Section 368 corridors) on Federal lands in 39
States, other than the 11 contiguous Western States (Arizona,
California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah,
Washington, and Wyoming) (11 Western States) that might be used for
oil, gas and hydrogen pipelines and electricity transmission and
distribution facilities. Section 368 further requires the Secretaries
to identify these Section 368 corridors by August 8, 2009, and schedule
prompt action to designate and incorporate the Section 368 corridors
into applicable land use or equivalent plans. The designation must
specify the centerline, width and compatible uses of the Section 368
corridors.
In proposing how and where to designate Section 368 corridors, the
Secretaries must take into account the need for upgraded and new
electricity transmission and distribution facilities to (1) Improve
reliability; (2) relieve congestion; and (3) enhance the capability of
the national grid to deliver electricity. The Section 368 corridor
designations would not authorize development but would serve as a
planning tool to identify the preferred locations for siting potential
energy transport projects in the future.
DOE, the Department of the Interior (DOI), the Department of
Agriculture (USDA) and the Department of Defense (DOD) (the Agencies)
intend to prepare a programmatic environmental impact statement (PEIS),
entitled Designation of Energy Corridors on Federal Land in 39 States
(DOE/EIS-0406), to identify any environmental impacts that may result
from the proposed action of designating Section 368 corridors and
incorporating them into applicable land use or equivalent plans. The
Agencies also will identify the environmental impacts from the range of
reasonable alternatives to the proposed action. DOE and DOI, through
the Bureau of Land Management (BLM), intend to be co-lead agencies for
this effort; USDA, through the United States Forest Service (FS), and
DOD intend to participate as cooperating agencies.
DOE is issuing this Advance Notice of Intent (ANOI), pursuant to 10
CFR 1021.311(b), in order to request early comments and suggestions
from Federal and State agencies, Tribal and local governments, the
public, and other interested parties. Comments and suggestions will
assist the Agencies in identifying the location of potential Section
368 corridors on Federal lands in 39 States, the preliminary range of
reasonable alternatives, screening criteria, and the potential
environmental impacts related to the Agencies' designation of Section
368 corridors on Federal land in 39 States. The early comments on the
potential location of Section 368 corridors will inform DOE's decision
on where to hold scoping meetings.
Because the proposed action may involve actions in a floodplain or
wetland, the draft PEIS would include a floodplain and wetlands
assessment, as required by 10 CFR 1022, and the final PEIS or agency
records of decision would include a floodplain statement of findings.
The Agencies will prepare the PEIS in accordance with the National
Environmental Policy Act (NEPA); the Council on Environmental Quality's
NEPA implementing regulations, 40 CFR 1500-1508; DOE's NEPA
implementing regulations promulgated pursuant to NEPA, 10 CFR 1021;
BLM's planning regulations, 43 CFR 1600; and applicable FS planning
regulations to amend land use plans.
DATES: The public comment period for this ANOI starts with the
publication of this notice in the Federal Register and will continue
until December 2, 2008. Comments received or postmarked after that date
will be considered to the extent practicable. The Agencies plan to
issue a Notice of Intent (NOI) for this PEIS following analysis of
comments and suggestions received on the ANOI. After the NOI is issued,
the Agencies will conduct public scoping meetings to assist in further
defining the scope of the PEIS and to identify significant issues to be
addressed. The dates and locations of all scoping meetings will be
announced in the NOI, subsequent Federal Register notices, and in local
media.
ADDRESSES: Comments or suggestions on the scope of the PEIS and the
proposed action should be sent to: Brian Mills at the U.S. Department
of Energy,
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Office of Electricity Delivery and Energy Reliability (OE-20), 1000
Independence Avenue, SW., Washington, DC 20585; phone 202-586-8267;
facsimile at 202-586-8008; or by electronic mail at
Brian.Mills@hq.doe.gov.
FOR FURTHER INFORMATION CONTACT: To request further information about
this PEIS, the public scoping meetings, or to be placed on the PEIS
distribution list, use any of the methods listed under ADDRESSES above.
For general information on the DOE NEPA process please contact: Carol
M. Borgstrom, Director, Office of NEPA Policy and Compliance (GC-20),
U.S. Department of Energy, 1000 Independence Avenue, SW., Washington,
DC 20585-0103; phone 202-586-4600; leave a message at 800-472-2756; or
facsimile at 202-586-7031. Further information about this effort,
including maps showing Federal lands and existing infrastructure, may
be found on the project Web site at eastcorridoreis.anl.gov.
SUPPLEMENTARY INFORMATION: The Department of Energy (DOE) hereby
provides advance notice that several Federal Agencies intend to prepare
a Programmatic Environmental Impact Statement (PEIS) to analyze the
environmental impacts from the proposed action and the range of
reasonable alternatives for implementing Section 368 of the Energy
Policy Act of 2005, entitled Energy Right-of-Way Corridors on Federal
Land. The Agencies intend to prepare this PEIS pursuant to NEPA, the
CEQ's NEPA implementing regulations, 40 CFR 1500-1508; DOE's NEPA
implementing regulations promulgated pursuant to NEPA, 10 CFR 1021;
BLM's planning regulations, 43 CFR 1600; and applicable FS planning
regulations to amend land use plans. DOE issues this ANOI pursuant to
10 CFR 1021.311(b).
Background and Purpose and Need for Agency Action
As outlined below, the purpose and need for the Agency action is to
implement Section 368 of EPAct 2005. Recognizing the shortcomings in
the nation's energy infrastructure Congress required in Section 368(a)
that the Agencies and the Department of Commerce (1) Designate, under
their respective authorities, corridors for oil, gas, and hydrogen
pipelines and electricity transmission and distribution facilities on
Federal land* * *; (2) perform any environmental reviews that may be
required to complete the designation of such corridors; and (3)
incorporate the designated corridors into the relevant land use and
resource management plans or equivalent plans.
Congress placed the highest priority on implementing Section 368
with respect to the 11 contiguous Western States. The Agencies issued a
Draft PEIS for the Designation of Corridors on Federal Land in the 11
Western States (DOE/EIS-0386) on November 16, 2007, and are currently
preparing a Final PEIS. The Notice of Availability for the Draft PEIS
is published on November 16, 2007 (72 FR 64591).
The PEIS at issue here is for implementing Section 368 with respect
to the other 39 States (39 States). Section 368(b) of the Act requires
the Agencies and the Department of Commerce to identify corridors in
the 39 States by August 8, 2009, and then to schedule prompt action to
identify, designate, and incorporate those corridors in the applicable
land use plans. Pursuant to Section 368(e), the designation must
specify the corridor's centerline, width and compatible uses.
Further, Section 368(c)(2) requires ``The Secretaries, in
consultation with the Federal Energy Regulatory Commission, affected
utility industries, and other interested parties, shall establish
procedures under their respective authorities that * * * (2) expedite
applications to construct or modify oil, gas and hydrogen pipelines and
electricity transmission and distribution facilities within such
corridors, taking into account prior analyses and environmental reviews
undertaken during the designation of such corridors.''
Section 368(d) of the Act provides the Agencies with an outline of
the goals of the Section 368 energy corridors: ``* * * in carrying out
this section, the Secretaries shall take into account the need for
upgraded and new electricity transmission and distribution facilities
to--(1) Improve reliability; (2) relieve congestion; and (3) enhance
the capability of the national grid to deliver electricity.''
It is important to note that the designated Section 368 corridors
would not themselves authorize development. Rather, designating the
Section 368 corridors and amending relevant land use plans would
constitute an administrative action that simply identifies the
Agencies' preferred location for future development of energy transport
projects. The Agencies also intend to improve coordination among the
Agencies and to develop Interagency Operating Procedures (IOPs) to
increase their efficiency in reviewing applications for projects within
the Section 368 corridors.
Within the 39 States addressed by the proposed action, the Federal
government owns 21.2% of the total land area with the FS, DOD, U.S.
Fish and Wildlife Service, and National Park Service being the
principal land stewards. Federal land comprises a small percentage of
the 39 States in comparison with the high percentage of Federal land in
the 11 Western States. Only 4.8% of the total land area within the 37
contiguous States and 8.9% of Hawaii is Federal land whereas about 50%
of the 11 Western states are Federal lands. Alaska, whose land area is
58.1% Federal, is the one notable exception.
As opposed to the 11 Western States, where development on Federal
land is clearly necessary to improve energy delivery to population
centers, it is unclear that Section 368 corridors in all 39 States,
particularly those with relatively few acres of Federal land, would
improve energy delivery significantly enough to warrant their
designation. The Agencies hope to receive comments from the general
public, Tribes, States, and industry, during the NEPA process, to help
identify not only environmental considerations relevant to designating
Section 368 corridors but also where designated Section 368 corridors
would serve the broad goal of improving energy delivery.
The Agencies are providing detailed information concerning Federal
lands in the 39 States at the project's Web site:
eastcorridoreis.anl.gov. This information includes location maps,
existing infrastructure on Federal lands, acreage tabulations and links
to additional sites such as the United States Geological Survey
National Atlas that contain printable State maps showing Federal lands.
Comments on this ANOI, particularly those that help identify potential
locations for Section 368 corridors, will inform the Agencies' decision
on where to hold public scoping meetings after issuing a Notice of
Intent to prepare the PEIS.
Proposed Action and Alternatives
The Proposed Action in this PEIS is to identify and designate
Section 368 corridors and incorporate them into the applicable land use
or equivalent plans on Federal lands within 39 States for oil, gas, and
hydrogen pipelines and electricity transmission and distribution
facilities. These designated Section 368 corridors would be the
preferred location for future energy right-of-way (ROW) project
development. It should be noted that Section 368 applies only to
Federal lands.
At the outset, it is important to understand the distinction
between a
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linear infrastructure ROW and the Section 368 corridors. An ROW is a
land use authorization to allow construction and operation of a
specific energy transport project on identified Federal lands. In
contrast, a Section 368 corridor would not authorize any energy
transport projects. It would identify Federal lands where the
construction, operation or upgrade of one or more energy transport
projects is preferred. As guided by the Federal Land Policy and
Management Act of 1976 (FLPMA), Section 368 corridors would assist in
minimizing adverse impacts and the proliferation of separate ROWs
(which could be consolidated into a single Section 368 corridor). The
Section 368 corridors would constitute a planning tool.
The Proposed Action would not authorize project activities. When a
specific project such as construction of a new pipeline or electric
transmission line or retrofitting utilities within a Section 368
corridor is proposed, the proponent would apply for an ROW and the
project would be subject to site-specific NEPA analysis, which would
include public comment. The Agencies believe that the PEIS will supply
information that the Agencies can reference, as appropriate, in the
event that they prepare site-specific NEPA documents to support a
request for an ROW.
The Draft PEIS will analyze at least three alternatives, including:
(1) A No Action Alternative; (2) designation of existing ROWs as
Section 368 corridors (Existing ROW Alternative); (3) designation of
existing ROWs and routes where there are no ROWs as Section 368
corridors (New Corridors Alternative). The information received as a
result of this notice and future public scoping may result in
additional alternatives being evaluated.
No Action Alternative
Under the No Action Alternative, Section 368 corridors would not be
designated on Federal lands in any of the 39 States; the siting and
development of energy transport projects would continue under current
agency procedures for granting ROWs; and energy transport project
applicants would have to satisfy the often disparate application
requirements of multiple agencies for the same project. There would be
relatively little coordination for siting and permitting these projects
to meet current and future energy needs in the 39 States.
The parts of the PEIS that discuss the No Action Alternative would
identify the environmental impacts associated with each of the Agencies
continuing to issue ROWs pursuant to their present practices. These
practices would include the application of local planning criteria by
each Federal land management office. Local planning criteria may not
include the specificity required by Section 368 to, at a minimum,
specify the centerline, width, and compatible uses of a corridor.
Existing ROW Alternative
Under this alternative, the Agencies would review existing ROWs
and, if suitable, designate these ROWs as Section 368 corridors and
incorporate those Section 368 corridors through amendment into relevant
land use and resource management plans. These Section 368 corridors
would constitute preferred locations for future ROWs for projects on
Federal lands. The PEIS would identify the environmental impacts, if
any, associated with each of the Agencies designating the Section 368
corridors and amending relevant land use and resource management plans.
New Corridors Alternative
Under the New Corridors Alternative, the Agencies would designate
as Section 368 corridors the existing ROWs together with newly
designated Section 368 corridors. These Section 368 corridors would
comprise preferred locations for future ROWs on Federal lands.
Based upon the information and analyses developed in this PEIS, if
an Agency decides to implement an action alternative, the Agency would
issue a Record of Decision (ROD) to designate a series of Section 368
energy corridors by amending the appropriate land use plans.
Potential Section 368 Corridor Screening Criteria
The following represent screening criteria that could help identify
the preferred locations of Section 368 corridors. The screening
criteria would be used to identify both presumptively suitable land for
future development of energy transport projects and land use
considerations that potentially influence the designation of these
Federal lands as Section 368 corridors.
Existing ROWs
(1) Locally designated utility corridors identified in land use
plans pursuant to FLPMA; (2) Utility ROWs in current use (built before
1969); (3) ROWs in current use (built after 1969); (4) Related ROW use
(e.g. transportation easement); and (5) Existing deeded easements for
electrical transmission lines.
Land classifications that could restrict designation of Section 368
corridors, including those Federal lands of ecological, cultural,
scientific, educational or recreational resources:
(1) Wilderness areas including study, eligible, proposed,
recommended, or designated wilderness area; (2) Wild and scenic rivers;
(3) National Park Service Units (designated as Parks, Monuments,
Preserves/National Reserves, Historic Sites, Historical Parks, Military
Parks, Memorials, Battlefields, Cemeteries, Recreation Areas,
Seashores, Lakeshores, Rivers/Scenic Rivers, Parkways, Trails); (4)
National wildlife refuges; (5) National Monuments; (6) Roadless areas;
(7) National natural landmarks; (8) National conservation areas; (9)
Areas of critical environmental concern; (10) World heritage sites;
(11) Research natural areas; (12) Experimental forests; (13)
Paleontological resource sites; (14) Military installations/training
and testing areas; (15) DOD special use air space; (16) Citizen
proposed wilderness areas; (17) National Historic Register sites; (18)
Critical habitat for threatened, endangered or candidate species; (19)
Citizen proposed wilderness study areas; and (20) Native American
cultural resource sites.
Identification of Environmental Issues
The purpose of this ANOI is to solicit comments and suggestions for
consideration in the preparation of the PEIS and to help inform the
Agencies on where to hold scoping meetings following the issuance of an
NOI. As background for public comment, this advance notice contains a
list of potential environmental issues that the Agencies have
tentatively identified for analysis. This list is not intended to be
all-inclusive or to imply any predetermination of impacts, nor does it
imply that there are direct, indirect or cumulative impacts from the
Proposed Action. The following is a preliminary list of issues that may
be analyzed in the PEIS: (1) Impacts on existing and future land uses;
(2) Socioeconomic and recreational impacts of future development of
ROWs and their subsequent use; (3) Impacts of future development on
protected, threatened, endangered, or sensitive species of animals or
plants, or their critical habitats; (4) Impacts on floodplains and
wetlands; (5) Impacts on archaeological, cultural, or historic
resources; (6) Impacts on human health and safety; (7) Visual impacts;
and (8) Disproportionately high and adverse impacts on minority and
low-income populations, also known as environmental justice
considerations.
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PEIS Process
Interested parties are invited to participate in the PEIS process,
both to refine the preliminary alternatives and environmental issues to
be analyzed in depth and to eliminate from detailed study those
alternatives and environmental issues that are not reasonable or
pertinent. The Agencies plan to issue a NOI by the end of 2008, which
will be followed by a public scoping period. The scoping process is
intended to involve all interested agencies (Federal, State, county,
and local), public interest groups, Native American Tribes, businesses,
and members of the public.
Draft PEIS Schedule and Availability
The Agencies plan to issue a Draft PEIS in 2009. The availability
of the Draft PEIS and dates for public hearings to receive comments on
it will be announced in the Federal Register and local media. The
Agencies will consider comments on the Draft PEIS when they prepare the
Final PEIS. Interested parties who do not wish to submit comments or
suggestions at this time, but who would like to receive a copy of the
Draft PEIS and other project materials, please contact Brian Mills as
provided in the ADDRESSES section of this notice.
Issued in Washington, DC, on September 29, 2008.
Kevin M. Kolevar,
Assistant Secretary, Electricity Delivery and Energy Reliability,
Department of Energy.
[FR Doc. E8-23475 Filed 10-2-08; 8:45 am]
BILLING CODE 6450-01-P
