Tennessee Gas Pipeline Company, LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Cumberland Project, Request for Comments on Environmental Issues, and Schedule for Environmental Review, 56048-56051 [2022-19720]
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56048
Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices
should include docket number P–
14513–003.
For further information, contact Matt
Cutlip at (503) 552–2762.
Dated: September 7, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022–19719 Filed 9–12–22; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Dated: September 7, 2022.
Kimberly D. Bose,
Secretary.
[Docket No. CP21–94–000]
Transcontinental Gas Pipe Line
Company, LLC; Notice Granting
Interventions
[FR Doc. 2022–19722 Filed 9–12–22; 8:45 am]
BILLING CODE 6717–01–P
jspears on DSK121TN23PROD with NOTICES
On April 9, 2021, the Commission
issued notice of Transcontinental Gas
Pipe Line Company, LLC’s (Transco)
application pursuant to section 7(c) of
the Natural Gas Act for a certificate of
public convenience and necessity to
construct and operate the Regional
Energy Access Expansion Project. The
notice established April 30, 2021, as the
deadline for filing motions to intervene.
On March 2, 2022, the Commission
issued the Notice of Availability of the
Draft Environmental Impact Statement
for the project and opened a new
intervention and comment period
ending on April 25, 2022. Pursuant to
the Commission’s regulations, any
person may file to intervene on
environmental grounds based on the
draft EIS and such intervention will be
deemed timely if filed within the draft
EIS comment period.1
On April 25, 2022, the New Jersey
League of Conservation Voters filed
timely, doc-less motions to intervene
noting multiple environmental concerns
regarding the project. On April 25, 2022,
the New Jersey Conservation
Foundation filed a timely motion to
intervene environmental concerns
regarding the project’s GHG emissions
and proximity to environmental justice
communities. Transco opposes these
motions for failing to show ‘‘good
cause’’ by stating that they have a clear
and direct interest in this proceeding
which no other party can adequately
represent.2
Pursuant to Rule 214(c)(2) of the
Commission’s Rules of Practice and
1 18 CFR 157.10(a)(2) (2021) (providing that ‘‘any
person may file to intervene on environmental
grounds based on the draft environmental impact’’);
id. at § 380.10(a)(1)(i) (allowing any person to file
a motion to intervene on the basis of a draft
environmental impact statement).
2 Transco May 10, 2022 Answer Opposing
Motions to Intervene in Docket No. CP21–94.
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Procedure,3 if an answer in opposition
to a timely motion to intervene is filed
within 15 days after the motion to
intervene is filed, the movant becomes
a party only when the motion is
expressly granted. Because both New
Jersey League of Conservation Voters
and the New Jersey Conservation
Foundation demonstrated that they
represent interests that may be affected
by the outcome of this proceeding and
identified environmental grounds for
their interventions, their motions to
intervene are granted.
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 4334–017]
EONY Generation Limited; Notice of
Waiver Period for Water Quality
Certification Application
On August 29, 2022, EONY
Generation Limited submitted to the
Federal Energy Regulatory Commission
(Commission) a copy of its application
for a Clean Water Act section 401(a)(1)
water quality certification filed with
New York State Department of
Environmental Conservation (New York
DEC), in conjunction with the above
captioned project. Pursuant to 40 CFR
121.6 and section 4.34(b)(5) of the
Commission’s regulations,1 we hereby
notify the New York DEC of the
following:
Date of Receipt of the Certification
Request: August 26, 2022.
Reasonable Period of Time to Act on
the Certification Request: One year
(August 26, 2023).
If New York DEC fails or refuses to act
on the water quality certification request
on or before the above date, then the
agency certifying authority is deemed
waived pursuant to section 401(a)(1) of
the Clean Water Act, 33 U.S.C.
1341(a)(1).
Dated: September 7, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022–19721 Filed 9–12–22; 8:45 am]
BILLING CODE 6717–01–P
3 18
1 18
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CFR 385.214(c)(2) (2021).
CFR 4.34(b)(5).
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings #2
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
Filings Instituting Proceedings
Docket Numbers: RP22–1206–000.
Applicants: Texas Gas Transmission,
LLC.
Description: Petition for Limited
Waiver of Tariff Provision of Texas Gas
Transmission, LLC.
Filed Date: 9/7/22.
Accession Number: 20220907–5094.
Comment Date: 5 p.m. ET 9/9/22.
Any person desiring to intervene or
protest in any of the above proceedings
must file in accordance with Rules 211
and 214 of the Commission’s
Regulations (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified comment date.
Protests may be considered, but
intervention is necessary to become a
party to the proceeding.
The filings are accessible in the
Commission’s eLibrary system (https://
elibrary.ferc.gov/idmws/search/
fercgensearch.asp) by querying the
docket number.
eFiling is encouraged. More detailed
information relating to filing
requirements, interventions, protests,
service, and qualifying facilities filings
can be found at: https://www.ferc.gov/
docs-filing/efiling/filing-req.pdf. For
other information, call (866) 208–3676
(toll free). For TTY, call (202) 502–8659.
Dated: September 7, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022–19728 Filed 9–12–22; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP22–493–000]
Tennessee Gas Pipeline Company,
LLC; Notice of Intent To Prepare an
Environmental Impact Statement for
the Proposed Cumberland 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 an
environmental impact statement (EIS)
that will discuss the environmental
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Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices
impacts of the Cumberland Project
(Project) involving construction and
operation of facilities by Tennessee Gas
Pipeline Company, LLC (Tennessee Gas)
in Dickson, Houston, and Stewart
County, Tennessee. The Commission
will use the EIS in its decision-making
process to determine whether the
Project is in the public convenience and
necessity. The schedule for preparation
of the EIS is discussed in the Schedule
for Environmental Review section of
this notice.
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 whenever it
considers the issuance of a Certificate of
Public Convenience and Necessity. This
gathering of public input is referred to
as ‘‘scoping.’’ By notice issued on March
2, 2022, in Docket No. PF22–2–000, the
Commission opened a scoping period
during Tennessee Gas’ planning process
for the Project and prior to filing a
formal application with the
Commission, a process referred to as
‘‘pre-filing.’’ Tennessee Gas has now
filed an application with the
Commission, and staff intends to
prepare an EIS that will address the
concerns raised during the pre-filing
scoping process and comments received
in response to this notice.
By this notice, the Commission
requests public comments on the scope
of issues to address in the
environmental document, including
comments on potential alternatives and
impacts, and any relevant information,
studies, or analyses of any kind
concerning impacts affecting the quality
of the human environment. 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 7, 2022. Further details on how
to submit comments are provided in the
Public Participation section of this
notice.
As mentioned above, during the prefiling process the Commission opened a
scoping period which expired on April
4, 2022; however, Commission staff
continued to accept comments during
the entire pre-filing process. All
substantive written and oral comments
provided during pre-filing will be
addressed in the EIS. Therefore, if you
submitted comments on this Project to
the Commission during the pre-filing
process in Docket No. PF22–02–000 you
do not need to file those comments
again.
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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
easement agreement. You are not
required to enter into an agreement.
However, if the Commission approves
the Project, the Natural Gas Act conveys
the right of eminent domain to the
company. Therefore, if you and the
company do not reach an easement
agreement, the pipeline company could
initiate condemnation proceedings in
court. In such instances, compensation
would be determined by a judge in
accordance with state law. The
Commission does not 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.
Tennessee Gas provided landowners
with a fact sheet prepared by the FERC
entitled ‘‘An Interstate Natural Gas
Facility On My Land? What Do I Need
To Know?’’ which addresses typically
asked questions, including the use of
eminent domain and how to participate
in the Commission’s proceedings. This
fact sheet along with other landowner
topics of interest are available for
viewing on the FERC website
(www.ferc.gov) under the Natural Gas
Questions or Landowner Topics link.
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
FercOnlineSupport@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, which is located on the
Commission’s website (www.ferc.gov)
under the link to FERC Online. Using
eComment is an easy method for
submitting brief, text-only comments on
a project;
(2) You can file your comments
electronically by using the eFiling
feature, which is located on the
Commission’s website (www.ferc.gov)
under the link to FERC Online. With
eFiling, you can provide comments in a
variety of formats by attaching them as
a file with your submission. New
eFiling users must first create an
account by clicking on ‘‘eRegister.’’ You
will be asked to select the type of filing
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56049
you are making; a comment on a
particular project is considered a
‘‘Comment on a Filing’’; or
(3) You can file a paper copy of your
comments by mailing them to the
Commission. Be sure to reference the
project docket number (CP22–493–000)
on your letter. 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, 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.
Summary of the Proposed Project
Tennessee Gas requests authorization
to construct, own, operate, and maintain
32 miles of new 30-inch-diameter
natural gas pipeline (Cumberland
Pipeline) from its existing Lines 100–3
and 100–4 to the Tennessee Valley
Authority’s (TVA) existing Cumberland
Fossil Plant, which is currently coalfired. TVA is evaluating options to
replace the coal-fired capability of the
Cumberland Fossil Plant; including the
option of constructing a new naturalgas-fired power plant at the same site.1
The Cumberland Pipeline would be in
Dickson, Houston, and Steward
counties, Tennessee; and it would
provide about 245,000 dekatherms per
day of natural gas per day to TVA.
The Cumberland Project would
consist of the following facilities:
• Approximately 32 miles of new 30inch-diameter natural gas lateral
pipeline, as described above.
• New Pressure Regulation Station
comprised of bi-directional back
pressure regulation facilities (including
a new Mainline Valve on each of TGP’s
Lines 100–3 and 100–4 at the origin of
the newly planned Cumberland Pipeline
in Dickson County, Tennessee.
• New Cumberland Meter Station at
the terminus of the planned
Cumberland Pipeline within TVA’s
1 In its draft environmental impact statement (87
Federal Register 25485; April 29, 2022), TVA
identifies constructing a new natural gas-fired
combined cycle power plant at its Cumberland
Fossil Plant Reservation and associated Cumberland
Pipeline (the subject of Tennessee Gas’ proposal
with FERC as described in this Notice) as its
preferred alternative to replace part of the retired
generation.
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newly proposed power plant in Steward
County, Tennessee.
• New in-line inspection traps at each
end of the planned Cumberland
Pipeline.
• New Mainline Valve located at an
intermediate location along the planned
Cumberland Pipeline.
The general location of the project
facilities is shown in appendix 1.2
Based on environmental information
provided by Tennessee Gas,
construction of the proposed facilities
would disturb about 507.6 acres of land
for the pipeline and the aboveground
facilities. Following construction,
Tennessee Gas would maintain about
193.5 acres for permanent operation of
the project’s facilities; the remaining
acreage would be restored and revert to
former uses.
Based on an initial review of
Tennessee Gas’ proposal and public
comments received during the pre-filing
process, Commission staff have
identified several expected impacts that
deserve attention in the EIS. These
include: impacts on air quality
(greenhouse gases), alternatives,
environmental justice, wildlife habitat,
streams, and wetlands.
The NEPA Process and the EIS
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The EIS issued by the Commission
will discuss impacts that could occur as
a result of the construction and
operation of the proposed Project under
the relevant general resource areas:
• geology and soils;
• water resources and wetlands;
• vegetation and wildlife;
• threatened and endangered species;
• cultural resources;
• land use;
• environmental justice;
• greenhouse gas and climate;
• air quality and noise; and
• reliability and safety.
Commission staff will also make
recommendations on how to lessen or
avoid impacts on the various resource
areas. Your comments will help
Commission staff focus its analysis on
the issues that may have a significant
effect on the human environment.
The EIS will present Commission
staff’s independent analysis of the
issues. The U.S. Army Corps of
Engineers (Nashville District) is a
cooperating agency in the preparation of
2 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.
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the EIS.3 Staff will prepare a draft EIS
which will be issued for public
comment. Commission staff will
consider all timely comments received
during the comment period on the draft
EIS and revise the document, as
necessary, before issuing a final EIS.
Any draft and final EIS will be available
in electronic format in the public record
through eLibrary 4 and the
Commission’s natural gas
environmental documents web page
(https://www.ferc.gov/industries-data/
natural-gas/environment/
environmental-documents). If
eSubscribed, you will receive instant
email notification when the
environmental document is issued.
Alternatives Under Consideration
The EIS will evaluate reasonable
alternatives that are technically and
economically feasible and meet the
purpose and need for the proposed
action.5 Alternatives currently under
consideration include:
• the no-action alternative, meaning
the Project is not implemented; and
• a system alternative evaluating
whether the Project purpose could be
met by use of an existing pipeline
system.
With this notice, the Commission
requests specific comments regarding
any additional potential alternatives to
the proposed action or segments of the
proposed action. Please focus your
comments on reasonable alternatives
(including alternative facility sites and
pipeline routes) that meet the Project
objectives, are technically and
economically feasible, and avoid or
lessen environmental impact.
Consultation Under Section 106 of the
National Historic Preservation Act
In accordance with the Advisory
Council on Historic Preservation’s
implementing regulations for section
106 of the National Historic
Preservation Act, the Commission
initiated section 106 consultation for the
Project in the notice issued on March 3,
2022, with the Tennessee State Historic
Preservation Office, and other
government agencies, interested Indian
tribes, and the public to solicit their
views and concerns regarding the
project’s potential effects on historic
properties.6 This notice is a
3 The Council on Environmental Quality
regulations addressing cooperating agency
responsibilities are at Title 40 Code of Federal
Regulations (CFR), Section 1501.8.
4 For instructions on connecting to eLibrary, refer
to the last page of this notice.
5 40 CFR 1508.1(z).
6 The Advisory Council on Historic Preservation’s
regulations are at Title 36, Code of Federal
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continuation of section 106 consultation
for the Project. The Project EIS will
document findings on the impacts on
historic properties and summarize the
status of consultations under section
106.
Schedule for Environmental Review
On July 29, 2022, the Commission
issued its Notice of Application for the
Project. Among other things, that notice
alerted other agencies issuing federal
authorizations of the requirement to
complete all necessary reviews and to
reach a final decision on the request for
a federal authorization within 90 days of
the date of issuance of the Commission
staff’s final EIS for the Project. This
notice identifies the Commission staff’s
planned schedule for completion of a
final EIS for the Project, which is based
on an issuance of the draft EIS in
February 2023.
Issuance of Notice of Availability of the
final EIS,—June 30, 2023
90-day Federal Authorization Decision
Deadline,7—September 28, 2023
If a schedule change becomes
necessary for the final EIS, an additional
notice will be provided so that the
relevant agencies are kept informed of
the Project’s progress.
Permits and Authorizations
The table below lists the anticipated
permits and authorizations for the
Project required under federal law. This
list may not be all-inclusive and does
not preclude any permit or
authorization if it is not listed here.
Agencies with jurisdiction by law and/
or special expertise may formally
cooperate in the preparation of the
Commission’s EIS and may adopt the
EIS to satisfy its NEPA responsibilities
related to this Project. Agencies that
would like to request cooperating
agency status should follow the
instructions for filing comments
provided under the Public Participation
section of this notice.
Permit
Agency
CWA Section 404 Dis- U.S. Army Corps of
charges to Waters
Engineers.
of the United States.
Regulations, Part 800. Those regulations define
historic properties as any prehistoric or historic
district, site, building, structure, or object included
in or eligible for inclusion in the National Register
of Historic Places.
7 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 Natural Gas Act. 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.
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Additional Information
Permit
Agency
CWA Section 402
Stormwater and
Construction
Dewatering Permits.
NHPA Section 106
Consultation.
Tennessee Department of Environment and Conservation.
Tennessee State Historic Preservation
Office.
U.S. Fish and Wildlife
Service.
ESA Section 7 Consultation.
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Environmental Mailing List
This notice is being sent to the
Commission’s current environmental
mailing list for the Project which
includes the U.S. Army Corps of
Engineers, U.S. Environmental
Protection Agency, 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 proposed
Project. State and local government
representatives should notify their
constituents of this proposed project
and encourage them to comment on
their areas of concern.
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
GasProjectAddressChange@ferc.gov
stating your request. You must include
the docket number CP22–493–000 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).
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Additional information about the
Project 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.,
CP22–493). Be sure you have selected
an appropriate date range. For
assistance, please contact FERC Online
Support at FercOnlineSupport@ferc.gov
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.
Any planned 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 7, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022–19720 Filed 9–12–22; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–10194–01–OA]
National Environmental Justice
Advisory Council Notice of Charter
Renewal
Environmental Protection
Agency (EPA).
ACTION: Notice of charter renewal.
AGENCY:
Notice is hereby given that
the Environmental Protection Agency
(EPA) has determined that, in
accordance with the provisions of the
Federal Advisory Committee Act
(FACA), the National Environmental
Justice Advisory Council (NEJAC) is
necessary and in the public interest in
connection with the performance of
duties imposed on the agency by law.
Accordingly, NEJAC will be renewed for
an additional two-year period. The
purpose of the NEJAC is to provide
advice and recommendations to the
Administrator about issues associated
with integrating environmental justice
concerns into EPA’s outreach activities,
public policies, science, regulatory,
enforcement, and compliance decisions.
FOR FURTHER INFORMATION CONTACT:
Inquiries may be directed to Paula
Flores-Gregg, NEJAC Designated Federal
SUMMARY:
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56051
Officer, U.S. EPA, 1200 Pennsylvania
Avenue NW (Mail Code 2202A),
Washington, DC 20460; by telephone at
(214) 665–8123; via email at nejac@
epa.gov.
Matthew Tejada,
Director for the Office of Environmental
Justice.
[FR Doc. 2022–19668 Filed 9–12–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2022–0542; FRL–9985–01–
OCSPP]
Pesticides; Proposed Removal of
PFAS Chemicals From Approved Inert
Ingredient List for Pesticide Products
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA is proposing to remove
twelve chemicals from the current list of
inert ingredients approved for use in
pesticide products because these inert
ingredients have been identified as perand polyfluoroalkyl substances (PFAS)
and they are no longer used in any
registered pesticide product.
DATES: Comments must be received on
or before October 13, 2022.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2022–0542,
through the Federal eRulemaking Portal
at https://www.regulations.gov. Follow
the online instructions for submitting
comments. Do not submit electronically
any information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Additional
instructions on commenting and visiting
the docket, along with more information
about dockets generally, is available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Registration
Division (7505T), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (202) 566–1030;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by
this action if you engage in activities
related to the registration of pesticide
products, including but not limited to,
the use of approved inert ingredients
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]]>Agencies
[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Pages 56048-56051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19720]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP22-493-000]
Tennessee Gas Pipeline Company, LLC; Notice of Intent To Prepare
an Environmental Impact Statement for the Proposed Cumberland 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 an environmental impact statement (EIS) that
will discuss the environmental
[[Page 56049]]
impacts of the Cumberland Project (Project) involving construction and
operation of facilities by Tennessee Gas Pipeline Company, LLC
(Tennessee Gas) in Dickson, Houston, and Stewart County, Tennessee. The
Commission will use the EIS in its decision-making process to determine
whether the Project is in the public convenience and necessity. The
schedule for preparation of the EIS is discussed in the Schedule for
Environmental Review section of this notice.
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
whenever it considers the issuance of a Certificate of Public
Convenience and Necessity. This gathering of public input is referred
to as ``scoping.'' By notice issued on March 2, 2022, in Docket No.
PF22-2-000, the Commission opened a scoping period during Tennessee
Gas' planning process for the Project and prior to filing a formal
application with the Commission, a process referred to as ``pre-
filing.'' Tennessee Gas has now filed an application with the
Commission, and staff intends to prepare an EIS that will address the
concerns raised during the pre-filing scoping process and comments
received in response to this notice.
By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document, including
comments on potential alternatives and impacts, and any relevant
information, studies, or analyses of any kind concerning impacts
affecting the quality of the human environment. 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 7, 2022. Further details on how to
submit comments are provided in the Public Participation section of
this notice.
As mentioned above, during the pre-filing process the Commission
opened a scoping period which expired on April 4, 2022; however,
Commission staff continued to accept comments during the entire pre-
filing process. All substantive written and oral comments provided
during pre-filing will be addressed in the EIS. Therefore, if you
submitted comments on this Project to the Commission during the pre-
filing process in Docket No. PF22-02-000 you do not need to file those
comments again.
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 easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the Project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not 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.
Tennessee Gas provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' which addresses typically asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website (www.ferc.gov)
under the Natural Gas Questions or Landowner Topics link.
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 located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
(3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP22-
493-000) on your letter. 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, 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.
Summary of the Proposed Project
Tennessee Gas requests authorization to construct, own, operate,
and maintain 32 miles of new 30-inch-diameter natural gas pipeline
(Cumberland Pipeline) from its existing Lines 100-3 and 100-4 to the
Tennessee Valley Authority's (TVA) existing Cumberland Fossil Plant,
which is currently coal-fired. TVA is evaluating options to replace the
coal-fired capability of the Cumberland Fossil Plant; including the
option of constructing a new natural-gas-fired power plant at the same
site.\1\ The Cumberland Pipeline would be in Dickson, Houston, and
Steward counties, Tennessee; and it would provide about 245,000
dekatherms per day of natural gas per day to TVA.
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\1\ In its draft environmental impact statement (87 Federal
Register 25485; April 29, 2022), TVA identifies constructing a new
natural gas-fired combined cycle power plant at its Cumberland
Fossil Plant Reservation and associated Cumberland Pipeline (the
subject of Tennessee Gas' proposal with FERC as described in this
Notice) as its preferred alternative to replace part of the retired
generation.
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The Cumberland Project would consist of the following facilities:
Approximately 32 miles of new 30-inch-diameter natural gas
lateral pipeline, as described above.
New Pressure Regulation Station comprised of bi-
directional back pressure regulation facilities (including a new
Mainline Valve on each of TGP's Lines 100-3 and 100-4 at the origin of
the newly planned Cumberland Pipeline in Dickson County, Tennessee.
New Cumberland Meter Station at the terminus of the
planned Cumberland Pipeline within TVA's
[[Page 56050]]
newly proposed power plant in Steward County, Tennessee.
New in-line inspection traps at each end of the planned
Cumberland Pipeline.
New Mainline Valve located at an intermediate location
along the planned Cumberland Pipeline.
The general location of the project facilities is shown in appendix
1.\2\
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\2\ 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.
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Based on environmental information provided by Tennessee Gas,
construction of the proposed facilities would disturb about 507.6 acres
of land for the pipeline and the aboveground facilities. Following
construction, Tennessee Gas would maintain about 193.5 acres for
permanent operation of the project's facilities; the remaining acreage
would be restored and revert to former uses.
Based on an initial review of Tennessee Gas' proposal and public
comments received during the pre-filing process, Commission staff have
identified several expected impacts that deserve attention in the EIS.
These include: impacts on air quality (greenhouse gases), alternatives,
environmental justice, wildlife habitat, streams, and wetlands.
The NEPA Process and the EIS
The EIS issued by the Commission will discuss impacts that could
occur as a result of the construction and operation of the proposed
Project under the relevant general resource areas:
geology and soils;
water resources and wetlands;
vegetation and wildlife;
threatened and endangered species;
cultural resources;
land use;
environmental justice;
greenhouse gas and climate;
air quality and noise; and
reliability and safety.
Commission staff will also make recommendations on how to lessen or
avoid impacts on the various resource areas. Your comments will help
Commission staff focus its analysis on the issues that may have a
significant effect on the human environment.
The EIS will present Commission staff's independent analysis of the
issues. The U.S. Army Corps of Engineers (Nashville District) is a
cooperating agency in the preparation of the EIS.\3\ Staff will prepare
a draft EIS which will be issued for public comment. Commission staff
will consider all timely comments received during the comment period on
the draft EIS and revise the document, as necessary, before issuing a
final EIS. Any draft and final EIS will be available in electronic
format in the public record through eLibrary \4\ and the Commission's
natural gas environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If
eSubscribed, you will receive instant email notification when the
environmental document is issued.
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\3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40 Code of Federal
Regulations (CFR), Section 1501.8.
\4\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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Alternatives Under Consideration
The EIS will evaluate reasonable alternatives that are technically
and economically feasible and meet the purpose and need for the
proposed action.\5\ Alternatives currently under consideration include:
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\5\ 40 CFR 1508.1(z).
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the no-action alternative, meaning the Project is not
implemented; and
a system alternative evaluating whether the Project
purpose could be met by use of an existing pipeline system.
With this notice, the Commission requests specific comments
regarding any additional potential alternatives to the proposed action
or segments of the proposed action. Please focus your comments on
reasonable alternatives (including alternative facility sites and
pipeline routes) that meet the Project objectives, are technically and
economically feasible, and avoid or lessen environmental impact.
Consultation Under Section 106 of the National Historic Preservation
Act
In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission initiated section 106 consultation for
the Project in the notice issued on March 3, 2022, with the Tennessee
State Historic Preservation Office, and other government agencies,
interested Indian tribes, and the public to solicit their views and
concerns regarding the project's potential effects on historic
properties.\6\ This notice is a continuation of section 106
consultation for the Project. The Project EIS will document findings on
the impacts on historic properties and summarize the status of
consultations under section 106.
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\6\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Schedule for Environmental Review
On July 29, 2022, the Commission issued its Notice of Application
for the Project. Among other things, that notice alerted other agencies
issuing federal authorizations of the requirement to complete all
necessary reviews and to reach a final decision on the request for a
federal authorization within 90 days of the date of issuance of the
Commission staff's final EIS for the Project. This notice identifies
the Commission staff's planned schedule for completion of a final EIS
for the Project, which is based on an issuance of the draft EIS in
February 2023.
Issuance of Notice of Availability of the final EIS,--June 30, 2023
90-day Federal Authorization Decision Deadline,\7\--September 28, 2023
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\7\ 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 Natural Gas Act. 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.
If a schedule change becomes necessary for the final EIS, an
additional notice will be provided so that the relevant agencies are
kept informed of the Project's progress.
Permits and Authorizations
The table below lists the anticipated permits and authorizations
for the Project required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is
not listed here. Agencies with jurisdiction by law and/or special
expertise may formally cooperate in the preparation of the Commission's
EIS and may adopt the EIS to satisfy its NEPA responsibilities related
to this Project. Agencies that would like to request cooperating agency
status should follow the instructions for filing comments provided
under the Public Participation section of this notice.
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Permit Agency
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CWA Section 404 Discharges to Waters of U.S. Army Corps of
the United States. Engineers.
[[Page 56051]]
CWA Section 402 Stormwater and Tennessee Department of
Construction Dewatering Permits. Environment and
Conservation.
NHPA Section 106 Consultation............. Tennessee State Historic
Preservation Office.
ESA Section 7 Consultation................ U.S. Fish and Wildlife
Service.
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Environmental Mailing List
This notice is being sent to the Commission's current environmental
mailing list for the Project which includes the U.S. Army Corps of
Engineers, U.S. Environmental Protection Agency, 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 proposed Project. State and local government representatives should
notify their constituents of this proposed project and encourage them
to comment on their areas of concern.
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 CP22-493-000 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 Project 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.,
CP22-493). 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.
Any planned 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 7, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-19720 Filed 9-12-22; 8:45 am]
BILLING CODE 6717-01-P
