Columbia Gas Transmission, LLC; Notice of Request for Extension of Time, 9331-9332 [2021-02898]

Download as PDF Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Notices constitute a major federal action that would significantly affect the quality of the human environment. The Commission provides all interested persons with an opportunity to view and/or print the EA via the internet through the Commission’s Home Page (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. At this time, the Commission has suspended access to the Commission’s Public Reference Room, due to the proclamation declaring a National Emergency concerning the Novel Coronavirus Disease (COVID–19), issued by the President on March 13, 2020. For assistance, contact FERC Online Support at FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY, (202) 502–8659. You may also register online at https://ferconline.ferc.gov/ eSubscription.aspx to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Any comments should be filed within 30 days from the date of this notice. The Commission strongly encourages electronic filings. Please file comments using the Commission’s eFiling system at https://ferconline.ferc.gov/ eFiling.aspx. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at https:// ferconline.ferc.gov/ QuickComment.aspx. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support. In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first page of any filing should include docket number P–2814–025. For further information, contact Chris Millard at (202) 502–8256 or by email at christopher.millard@ferc.gov. Dated: February 8, 2021. Nathaniel J. Davis, Sr., Deputy Secretary. DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP20–28–000] Columbia Gas Transmission, LLC; Notice of Request for Extension of Time Take notice that on February 3, 2021, Columbia Gas Transmission, LLC (Columbia) requested that the Federal Energy Regulatory Commission (Commission) grant an extension of time, until October 31, 2021, to complete construction of the Line SM– 116 Forced Relocation Project (Project) and make the Project available for service, as the Prior Notice authorized on February 25, 2020.1 The Commission’s regulations establish that the Project be completed within one year of the date the Project was authorized. The Project consists of the relocation and/or abandonment of segments of Columbia’s existing Line SM–116 due to highwall and area surface mining to be performed by Central Appalachian Mining on their Millseat Surface Mine. The relocation and/or abandonment activities will take place in Mingo County, West Virginia. Columbia stated in the Prior Notice application that the new Project infrastructure will have an equivalent designed delivery capacity as the facilities being abandoned and will not result in a reduction or abandonment of service. In its Extension of Time request, Columbia stated that the contractor will not be able to meet the original inservice date because the Project has experienced significant delays due to rainfall on the site which delayed construction and created safety concerns for the personnel in traversing the construction work area safely. Additionally, the construction schedule was negatively impacted by the COVID– 19 pandemic. This notice establishes a 15-calendar day intervention and comment period deadline. Any person wishing to comment on the extension motion may do so. No reply comments or answers will be considered. If you wish to obtain legal status by becoming a party to the proceedings for this request, you should, on or before the comment date stated below, file 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) [FR Doc. 2021–02899 Filed 2–11–21; 8:45 am] 1 85 BILLING CODE 6717–01–P VerDate Sep<11>2014 17:27 Feb 11, 2021 Jkt 253001 PO 00000 FR 88 (Jan. 2, 2020). Frm 00015 Fmt 4703 Sfmt 4703 9331 and the Regulations under the Natural Gas Act (18 CFR 157.10).2 As a matter of practice, the Commission itself generally acts on requests for extensions of time to complete construction for NGA facilities when such requests are contested before order issuance. For those extension requests that are contested,3 the Commission acting as a whole will aim to issue an order acting on the request within 45 days.4 The Commission will address all arguments relating to whether the applicant has demonstrated there is good cause to grant the extension.5 The Commission will not consider arguments that re-litigate the issuance of the Certificate Order, including whether the Commission properly found the project to be in the public convenience or necessity and whether the Commission’s environmental analysis for the certificate complied with the National Environmental Policy Act.6 At the time a pipeline requests an extension of time, orders on certificates of public convenience and/or necessity are final and the Commission will not re-litigate their issuance. The OEP Director, or his or her designee, will act on all those extension requests that are uncontested. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commission’s Home Page (https:// ferc.gov) using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. At this time, the Commission has suspended access to the Commission’s Public Reference Room, due to the proclamation declaring a National Emergency concerning COVID–19, issued by the President on March 13, 2020. For assistance, contact FERC at FERCOnlineSupport@ferc.gov or call toll-free, (886) 208–3676 or TYY, (202) 502–8659. The Commission strongly encourages electronic filings of comments, protests 2 Only motions to intervene from entities that were party to the underlying proceeding will be accepted. Algonquin Gas Transmission, LLC, 170 FERC 61,144, at P 39 (2020). 3 Contested proceedings are those where an intervenor disputes any material issue of the filing. 18 CFR 385.2201(c)(1) (2020). 4 Algonquin Gas Transmission, LLC, 170 FERC 61,144, at P 40 (2020). 5 Id. P 40. 6 Similarly, the Commission will not re-litigate the issuance of an NGA section 3 authorization, including whether a proposed project is not inconsistent with the public interest and whether the Commission’s environmental analysis for the permit order complied with NEPA. E:\FR\FM\12FEN1.SGM 12FEN1 9332 Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Notices and interventions in lieu of paper using the ‘‘eFile’’ link at https://www.ferc.gov. Persons unable to file electronically may mail similar pleadings to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. Hand delivered submissions in docketed proceedings should be delivered to Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852. Comment Date: 5:00 p.m. Eastern Time on Tuesday, February 23rd, 2021. Dated: February 8, 2021. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2021–02898 Filed 2–11–21; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–R06–OW–2020–0608; FRL–10019–98– Region 6] Approval of the Application by the State of Texas for Partial National Pollutant Discharge Elimination System (NPDES) Program Authorization for Oil and Gas Discharges Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: On January 15, 2021, the Regional Administrator for the United States Environmental Protection Agency (EPA), Region 6 approved the request of the State of Texas’ for Partial National Pollutant Discharge Elimination System (NPDES) program authorization for discharges from produced water, hydrostatic test water and gas plant effluent, hereafter referred to as oil and gas discharges, within the State of Texas. On October 12, 2020, the Governor of Texas submitted the application for NPDES oil and gas authorization, seeking approval for the Texas Commission on Environmental Quality (TCEQ) to implement a Major Category Partial NPDES Program as provided for under the Clean Water Act (CWA or ‘‘the Act’’). Today, the EPA is providing public notice of the approval of the State’s submittal of the application for NPDES oil and gas authorization. DATES: Pursuant to 40 CFR part 123.61(c), the Partial NPDES Program of the State of Texas was approved and became effective January 15, 2021. To View and/or Obtain Copies of Documents. A copy of the application and related documents may be viewed or downloaded, at no cost, from the EPA SUMMARY: VerDate Sep<11>2014 17:27 Feb 11, 2021 Jkt 253001 website at https://www.epa.gov/npdespermts. FOR FURTHER INFORMATION CONTACT: Ms. Kilty Baskin, EPA Region 6 Office, NPDES/Wetland Review Section (R6 WD–PN), 214–665–7500, baskin.kilty@ epa.gov. SUPPLEMENTARY INFORMATION: A. General Information 1. Does this action apply to me? Entities potentially affected by this action include the regulated oil and gas community and citizens within the State of Texas. As of January 15, 2021, authority to implement the NPDES permitting, compliance monitoring and enforcement program for oil and gas activities in Texas transferred from the EPA to the TCEQ. The TCEQ’s authority applies on land within the State of Texas and extends 3.0 statute miles (1 statute mile equals 5,280 feet) offshore into the Gulf of Mexico. The EPA retains jurisdiction for discharges more than 3 statute miles offshore in the Gulf of Mexico. Thus, CWA oil and gas exploration and production related discharges in these waters remain subject to the EPA’s Outer Continental Shelf of the Gulf of Mexico General Permit (GMG290000). In addition, spills or releases of hydrocarbons subject to the Oil Pollution Act are not subject to the NPDES program. The EPA’s authority to address releases of hydrocarbons to waters of the United States under the Oil Pollution Act is not subject to the NPDES program and therefore cannot be delegated to states. The TCEQ will continue to refer incidents to EPA as the regulatory authority for the Oil Pollution Act. The TCEQ NPDES program does not apply in areas of Indian country as defined in 18 U.S.C. 1151. The EPA retains jurisdiction over discharges in these areas. If you have any questions regarding the applicability of this action to a particular entity, please contact Ms. Kilty Baskin at 214–665–7500, baskin.kilty@epa.gov. 2. What action is the EPA taking? The EPA is providing notice of the approval of the State of Texas’ request for partial NPDES program authorization for oil and gas discharges within the State. The Governor of Texas submitted the application for NPDES oil and gas authorization pursuant to Section 402(b) of the CWA, seeking approval for the TCEQ to implement a major category partial NPDES program under Section 402(n)(3) of the Act. In accordance with CWA Section 402(b), 33 U.S.C. 1342(b), and NPDES regulations at 40 CFR part 123, the EPA PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 shall approve a State’s application for program approval unless adequate authority does not exist as required by the CWA. 3. What is the EPA’s authority for taking this action? CWA section 402 established the NPDES permitting program and gives the EPA authority to approve state NPDES programs. 33 U.S.C. 1342(b). CWA Section 402(n)(3) authorizes the EPA to approve a Major Category Partial Permit Program covering administration of a major category of discharges if ‘‘(A) such program represents a complete permit program and covers all of the discharges under the jurisdiction of a department or agency of the State; and (B) the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection (b).’’ 33 U.S.C. 1342(n)(3). State Permit Program Approval: Section 402 of the CWA, 33 U.S.C. 1342, created the NPDES program under which the EPA may issue permits authorizing the point source discharge of pollutants to waters of the United States under conditions required by the Act. CWA Section 402(b), 33 U.S.C. 1342(b), provides that the EPA shall approve a State’s request to administer its own permit program provided the State has appropriate legal authority and a state program that meets the Act’s requirements. The regulatory requirements for state program submissions and for EPA state program approval are set forth in 40 CFR part 123 (https://www.ecfr.gov/). Decision Process: Pursuant to 40 CFR 123.61(b), the EPA must approve or disapprove Texas’ application for NPDES oil and gas authorization within 90 days of receipt of a complete program submission, unless this review period is extended by mutual agreement between the EPA and the State pursuant to 40 CFR 123.21(d). Under CWA § 402(b) and 40 CFR part 123, the State must show, among other things that it has the authority to issue permits that comply with the Act, authority to impose civil and criminal penalties for permit violations, and authority to ensure that the public is given notice and an opportunity for a hearing on each proposed permit. Once the State’s request for program approval is declared complete, the CWA and its implementing regulations require the EPA to provide notice of the State’s application and allow a comment period of at least 45 days during which the public may express their views on the proposed State program. The EPA’s public notice of the application must E:\FR\FM\12FEN1.SGM 12FEN1

Agencies

[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Notices]
[Pages 9331-9332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02898]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-28-000]


Columbia Gas Transmission, LLC; Notice of Request for Extension 
of Time

    Take notice that on February 3, 2021, Columbia Gas Transmission, 
LLC (Columbia) requested that the Federal Energy Regulatory Commission 
(Commission) grant an extension of time, until October 31, 2021, to 
complete construction of the Line SM-116 Forced Relocation Project 
(Project) and make the Project available for service, as the Prior 
Notice authorized on February 25, 2020.\1\ The Commission's regulations 
establish that the Project be completed within one year of the date the 
Project was authorized.
---------------------------------------------------------------------------

    \1\ 85 FR 88 (Jan. 2, 2020).
---------------------------------------------------------------------------

    The Project consists of the relocation and/or abandonment of 
segments of Columbia's existing Line SM-116 due to highwall and area 
surface mining to be performed by Central Appalachian Mining on their 
Millseat Surface Mine. The relocation and/or abandonment activities 
will take place in Mingo County, West Virginia. Columbia stated in the 
Prior Notice application that the new Project infrastructure will have 
an equivalent designed delivery capacity as the facilities being 
abandoned and will not result in a reduction or abandonment of service.
    In its Extension of Time request, Columbia stated that the 
contractor will not be able to meet the original in-service date 
because the Project has experienced significant delays due to rainfall 
on the site which delayed construction and created safety concerns for 
the personnel in traversing the construction work area safely. 
Additionally, the construction schedule was negatively impacted by the 
COVID-19 pandemic.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on the extension motion 
may do so. No reply comments or answers will be considered. If you wish 
to obtain legal status by becoming a party to the proceedings for this 
request, you should, on or before the comment date stated below, file 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 Natural Gas Act (18 CFR 
157.10).\2\
---------------------------------------------------------------------------

    \2\ Only motions to intervene from entities that were party to 
the underlying proceeding will be accepted. Algonquin Gas 
Transmission, LLC, 170 FERC 61,144, at P 39 (2020).
---------------------------------------------------------------------------

    As a matter of practice, the Commission itself generally acts on 
requests for extensions of time to complete construction for NGA 
facilities when such requests are contested before order issuance. For 
those extension requests that are contested,\3\ the Commission acting 
as a whole will aim to issue an order acting on the request within 45 
days.\4\ The Commission will address all arguments relating to whether 
the applicant has demonstrated there is good cause to grant the 
extension.\5\ The Commission will not consider arguments that re-
litigate the issuance of the Certificate Order, including whether the 
Commission properly found the project to be in the public convenience 
or necessity and whether the Commission's environmental analysis for 
the certificate complied with the National Environmental Policy Act.\6\ 
At the time a pipeline requests an extension of time, orders on 
certificates of public convenience and/or necessity are final and the 
Commission will not re-litigate their issuance. The OEP Director, or 
his or her designee, will act on all those extension requests that are 
uncontested.
---------------------------------------------------------------------------

    \3\ Contested proceedings are those where an intervenor disputes 
any material issue of the filing. 18 CFR 385.2201(c)(1) (2020).
    \4\ Algonquin Gas Transmission, LLC, 170 FERC 61,144, at P 40 
(2020).
    \5\ Id. P 40.
    \6\ Similarly, the Commission will not re-litigate the issuance 
of an NGA section 3 authorization, including whether a proposed 
project is not inconsistent with the public interest and whether the 
Commission's environmental analysis for the permit order complied 
with NEPA.
---------------------------------------------------------------------------

    In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
internet through the Commission's Home Page (https://ferc.gov) using the 
``eLibrary'' link. Enter the docket number excluding the last three 
digits in the docket number field to access the document. At this time, 
the Commission has suspended access to the Commission's Public 
Reference Room, due to the proclamation declaring a National Emergency 
concerning COVID-19, issued by the President on March 13, 2020. For 
assistance, contact FERC at [email protected] or call toll-
free, (886) 208-3676 or TYY, (202) 502-8659.
    The Commission strongly encourages electronic filings of comments, 
protests

[[Page 9332]]

and interventions in lieu of paper using the ``eFile'' link at https://www.ferc.gov. Persons unable to file electronically may mail similar 
pleadings to the Federal Energy Regulatory Commission, 888 First Street 
NE, Washington, DC 20426. Hand delivered submissions in docketed 
proceedings should be delivered to Health and Human Services, 12225 
Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on Tuesday, February 23rd, 
2021.

    Dated: February 8, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-02898 Filed 2-11-21; 8:45 am]
BILLING CODE 6717-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.