Texas LNG Brownsville, LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Planned Texas LNG Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Meeting, 45520-45522 [2015-18682]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45520-45522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18682]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF15-14-000]


Texas LNG Brownsville, LLC; Notice of Intent To Prepare an 
Environmental Impact Statement for the Planned Texas LNG Project, 
Request for Comments on Environmental Issues, and Notice of Public 
Scoping Meeting

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) 
examining the potential environmental effects of the Texas LNG Project 
(Project), planned by Texas LNG Brownsville LLC (Texas LNG). The 
Project involves the construction and operation of a liquefied natural 
gas (LNG) liquefaction and export terminal on the Brownsville Ship 
Channel located in Cameron County, Texas. The Project purpose is to 
liquefy domestically produced natural gas, store LNG, and deliver LNG 
to carriers for export overseas. The Commission will use the EIS in its 
decision-making process to determine whether to authorize the Project.
    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies about the Project. You can make a difference by providing us 
with your specific comments or concerns about the Project. 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's staff determine what 
issues need to be evaluated in the EIS. To ensure that your comments 
are timely and properly recorded, please send your comments so that the 
Commission receives them in Washington, DC on or before August 24, 
2015.
    If you sent comments on this Project to the Commission before the 
opening of this docket on March 9, 2015, you will need to file those 
comments in Docket No. PF15-14-000 to ensure they are considered as 
part of this proceeding.
    This notice is being sent to the Commission's current environmental 
mailing list for this Project. 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 Texas LNG representative may 
contact you about the acquisition of an easement to construct, operate, 
and maintain the planned facilities.

Public Participation

    For your convenience, there are four methods you can use to submit 
your comments to the Commission. The Commission will provide equal 
consideration to all comments received, whether filed in written form 
or provided verbally. The Commission encourages electronic filing of 
comments and has expert staff available to assist you at (202) 502-8258 
or efiling@ferc.gov. Please carefully follow these instructions so that 
your comments are properly recorded.
    (1) You can file your comments electronically using the eComment 
feature on the Commission's Web site (www.ferc.gov) under the link to 
Documents and Filings. This 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 on the Commission's Web site (www.ferc.gov) under the link to 
Documents and Filings. 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.'' If you are filing a comment on a particular project, 
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to 
the following address. Be sure to reference the project docket number 
(PF15-14-000) with your submission: Kimberly D. Bose, Secretary, 
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, 
Washington, DC 20426.
    (4) In lieu of sending written or electronic comments, the 
Commission invites you to attend the public scoping meeting its staff 
will conduct in the Project area, scheduled as follows.

FERC Public Scoping Meeting; Tuesday, August 11, 2015, From 1:00 p.m. 
to 8:00 p.m.; Port Isabel Event & Cultural Center, 309 E. Railroad 
Ave., Port Isabel, TX 78578

    You may attend at any time during the scoping meeting. There will 
not be a formal presentation presented by Commission staff, but you 
will be provided information about the FERC process. Commission staff 
will be available to take verbal comments.
    For your convenience, we are combining the Port Isabel scoping 
meetings for the three Brownsville area LNG projects currently in our 
pre-filing process. Representatives of Texas LNG, as well as those of 
Annova LNG Common Infrastructure, LLC for its planned Annova LNG 
Brownsville Project (Docket No. PF15-15-000) and Rio Grande LNG, LLC 
for its planned Rio Grande LNG Export Project and Rio Bravo Pipeline 
Company, LLC for its planned Rio Bravo Pipeline Project (Docket No. 
PF15-20-000) will be present to answer questions about their respective 
planned projects.
    You may comment on any one, two, or all three planned projects. 
Comments will be recorded by a stenographer and transcripts will be 
placed into the appropriate docket(s) for the project and made 
available for public viewing on FERC's eLibrary system (see page 8 
``Additional Information'' for instructions on using eLibrary). We 
believe it is important to note that

[[Page 45521]]

verbal comments hold the same weight as written or electronically 
submitted comments. If a significant number of people are interested in 
providing verbal comments, a time limit of 3 to 5 minutes may be 
implemented for each commenter to ensure all those wishing to comment 
have the opportunity to do so within the designated meeting time. Time 
limits will be strictly enforced if they are implemented.
    Please note this is not your only public input opportunity; please 
refer to the review process flow chart in appendix 1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in 
the Federal Register. Copies of the appendices were sent to all 
those receiving this notice in the mail and are available at 
www.ferc.gov using the link called ``eLibrary'' or from the 
Commission's Public Reference Room, 888 First Street NE., 
Washington, DC 20426, or call (202) 502-8371. For instructions on 
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Summary of the Planned Project

    Texas LNG plans to site, construct, and operate a natural gas 
liquefaction and export terminal at the Port of Brownsville, on north 
side of the Brownsville Ship Channel located in Cameron County, Texas. 
The Project would have the capacity to produce 4.4 million tons of LNG 
each year for export.
    Texas LNG's proposed terminal is composed of multiple LNG facility 
components at an approximately 625-acre site. The Project would include 
a liquefaction plant, two single containment storage tanks with a 
capacity of 210,000 cubic meters (m\3\) of LNG each, an LNG carrier 
berthing dock, and a materials offloading facility.
    As currently planned, the Texas LNG Project site would consist of 
the following facilities:
     Natural Gas Pipeline Receiving Interface;
     Natural Gas Pretreatment Process;
     LNG Liquefaction Process;
     LNG Loading Marine Terminal;
     LNG Transfer Lines;
     LNG Storage Tanks;
     Vapor Handling System;
     Control Systems, and Safety Systems; and
     Utilities, Infrastructure, and Support Systems.
    The general location of the planned facilities is shown in appendix 
2.

Land Requirements for Construction

    The planned Texas LNG Project would occupy an approximately 625-
acre property secured via a lease option and subsequent amendment from 
the Brownsville Navigation District by Texas LNG. Of the approximately 
625 acres, approximately 185 acres would support permanent operational 
facilities, approximately 75 acres would be temporarily disturbed 
during construction activities, and the remaining approximately 365 
acres would be undisturbed. Of the approximately 185 acres supporting 
permanent operational facilities, approximately 46 acres would be 
converted to open water through excavation and dredging to create the 
LNG carrier berthing area. An additional approximately 19 acres of 
impacts located outside of the site boundaries would be associated with 
dredging of the turning basin within the Brownsville Ship Channel.

Non-Jurisdictional Facilities

    The LNG facility would receive natural gas via a non-jurisdictional 
intrastate natural gas pipeline to be constructed from the Agua Dulce 
natural gas hub approximately 150 miles north of Brownsville to the 
Brownsville market. This pipeline would provide natural gas to the 
planned Project, industrial projects, power generation facilities, gas 
utility companies, and export markets in Mexico. Texas LNG does not 
plan to own or operate the proposed intrastate pipeline that will 
provide feed gas supply to the Texas LNG Project. Construction of the 
pipeline would likely require a construction right-of-way about 100 
feet wide and additional temporary extra workspaces at features such as 
road and stream crossings.
    The planned Project would also require the installation of a new 
non-jurisdictional electric transmission line. To provide power to the 
facility, American Electric Power would build a new approximately 10 
mile long radial line to the Project site from the existing Union 
Carbide Substation located near the Port of Brownsville.
    Although FERC has no regulatory authority to modify, approve, or 
deny the construction of the above-described facilities, we will 
disclose available information regarding the construction impacts in 
the cumulative impacts section of our EIS.

The EIS Process

    The National Environmental Policy Act (NEPA) requires the 
Commission to take into account the environmental impacts that could 
result from an action whenever it considers the authorization of LNG 
facilities under Section 3a of the Natural Gas Act. NEPA also requires 
us \2\ to discover and address concerns the public may have about 
proposals. This process is referred to as scoping. The main goal of the 
scoping process is to focus the analysis in the EIS on the important 
environmental issues. By this notice, the Commission requests public 
comments on the scope of the issues to address in the EIS. We will 
consider all filed comments during the preparation of the EIS.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EIS, we will discuss impacts that could occur as a result of 
the construction and operation of the planned Project under these 
general headings:
     Geology and soils;
     land use, recreation, and visual resources;
     water resources and wetlands;
     cultural resources;
     vegetation, fisheries, and wildlife;
     endangered and threatened species;
     socioeconomics;
     air quality and noise;
     public safety and reliability; and
     cumulative impacts.
    We will also evaluate possible 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.
    Although no formal application has been filed, we have already 
initiated our 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 FERC receives an application. As part of our pre-filing review, we 
have begun to contact some federal and state agencies to discuss their 
involvement in the scoping process and the preparation of the EIS.
    The EIS will present our independent analysis of the issues. We 
will publish and distribute the draft EIS for public comment. After the 
comment period, we will consider all timely comments and revise the 
document, as necessary, before issuing a final EIS. To ensure we have 
the opportunity to consider and address your comments, please carefully 
follow the instructions in the Public Participation section beginning 
on page 2 of this notice.
    With this notice, we are asking agencies with jurisdiction by law 
and/or special expertise with respect to environmental issues related 
to this Project to formally cooperate with staff in preparing the 
EIS.\3\ Agencies that would like to request cooperating

[[Page 45522]]

agency status should follow the instructions for filing comments 
provided in the Public Participation section of this notice. Currently, 
the U.S. Department of Energy, U.S. Department of Transportation, U.S. 
Coast Guard, U.S. Fish and Wildlife Service, U.S. Environmental 
Protection Agency, and the U.S. Army Corps of Engineers have expressed 
their intention to participate as cooperating agencies in the 
preparation of the EIS.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations 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, we are using this notice to initiate consultation 
with applicable State Historic Preservation Office (SHPO), 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.\4\ We will define the project-specific Area of 
Potential Effects (APE) in consultation with the SHPO as the Project 
develops. On natural gas facility projects, the APE at a minimum 
encompasses all areas subject to ground disturbance (examples include 
construction area, contractor storage yards, and access roads). Our EIS 
for this Project will document our findings on the impacts on historic 
properties and summarize the status of consultations under Section 106.
---------------------------------------------------------------------------

    \4\ 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 for Historic 
Places.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    We have identified several issues based on a preliminary review of 
the planned facilities and the environmental information provided by 
Texas LNG that we think deserves attention. This preliminary list of 
issues may be changed based on your comments and our continued 
analysis. The issues identified to date include:
     Potential impacts on water quality;
     potential impact on fisheries and aquatic resources;
     potential impact on federally listed endangered and 
threatened species;
     visual effects on surrounding areas, including Port 
Isabel, Laguna Vista, and South Padre Island;
     potential impacts on tourism and recreational and 
commercial fisheries, including eco-tourism and the local shrimp 
fishery;
     potential for disproportionate impact on lower income 
communities;
     potential impacts on air quality, and associated impacts 
on human health and local agricultural areas;
     public safety and hazards associated with the transport of 
natural gas and LNG; and
     cumulative impacts from construction and operation of 
multiple LNG facilities within the Port of Brownsville, and from the 
Brownsville Ship Channel deepening project.

Environmental Mailing List

    The environmental mailing list 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 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. Staff will update the environmental mailing 
list as the analysis proceeds to ensure that it sends the information 
related to this environmental review to all individuals, organizations, 
and government entities interested in and/or potentially affected by 
the planned Project.
    Copies of the completed draft EIS will be sent to the environmental 
mailing list for public review and comment. If you would prefer to 
receive a paper copy of the document instead of the CD version or would 
like to remove your name from the mailing list, please return the 
attached Information Request (appendix 3).

Becoming an Intervenor

    Once Texas LNG files its application with the Commission, you may 
want to become an ``intervenor'' which is an official party to the 
Commission's proceeding. Intervenors play a more formal role in the 
process and are able to file briefs, appear at hearings, 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. Instructions for becoming an intervenor are in 
the ``Document-less Intervention Guide'' under the ``e-filing'' link on 
the Commission's Web site (https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf). Motions to intervene are more fully 
described at https://www.ferc.gov/resources/guides/how-to/intervene.asp. 
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.

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 Web site (www.ferc.gov) using the eLibrary link. Click on the 
eLibrary link, click on ``General Search'' and enter the docket number, 
excluding the last three digits in the Docket Number field (i.e., PF15-
14). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
FercOnlineSupport@ferc.gov or toll free at (866) 208-3676, or for TTY, 
contact (202) 502-8659. The eLibrary link also provides access to the 
texts of formal documents issued by the Commission, such as orders, 
notices, and rulemakings.
    In addition, the Commission offers a free service called 
eSubscription which allows you to keep track of all formal issuances 
and submittals in specific dockets. This can reduce the amount of time 
you spend researching proceedings by automatically providing you with 
notification of these filings, document summaries, and direct links to 
the documents. Go to www.ferc.gov/esubscribenow.htm.
    FERC public meetings or site visits will be posted on the 
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.
    Finally, Texas LNG has established a Web site at www.txlng.com with 
further information about its planned Project.

    Dated: July 23, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-18682 Filed 7-29-15; 8:45 am]
 BILLING CODE 6717-01-P