Notice of Availability of the Draft Environmental Assessment for the New Fortress Energy Altamira FLNG Project, 65160-65161 [2023-20427]
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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Notices
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Dated: September 15, 2023.
Stephanie Valentine,
PRA Coordinator, Strategic Collections and
Clearance, Governance and Strategy Division,
Office of Chief Data Officer, Office of
Planning, Evaluation and Policy
Development.
[FR Doc. 2023–20391 Filed 9–20–23; 8:45 am]
BILLING CODE 4000–01–P
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF ENERGY
Brian Lavoie, U.S. Department of Energy
(FE–34), Office of Regulation, Analysis,
and Engagement, Office of Resource
Sustainability, Office of Fossil Energy
and Carbon Management, Forrestal
Building, Room 3E–042, 1000
Independence Avenue SW, Washington,
DC 20585, (202) 586–2459,
brian.lavoie@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
[Docket No. 22–110–LNG]
Notice of Availability of the Draft
Environmental Assessment for the
New Fortress Energy Altamira FLNG
Project
Office of Fossil Energy and
Carbon Management, Department of
Energy.
ACTION: Notice of availability.
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
The U.S. Department of
Energy (DOE) has prepared a Draft
Environmental Assessment (EA) to
determine how to review the potential
environmental impacts associated with
authorizing NFE Altamira FLNG, S. de
R.L. de C.V. (NFE Altamira) to export
U.S.-sourced natural gas to Mexico and,
after liquefaction in Mexico, to other
countries from the proposed NFE
Altamira FLNG Project. DOE is also
announcing a public comment period to
receive comments on the Draft EA. DOE
prepared the Draft EA in accordance
with the National Environmental Policy
Act of 1969 (NEPA), to inform its
decision on authorization under the
Natural Gas Act (NGA).
DATES: The 30-day public comment
period extends from the date of
publication of this Notice in the Federal
Register through October 23, 2023.
ADDRESSES: Questions concerning the
Draft EA or requests for a paper copy
should be directed to: Brian Lavoie via
email to brian.lavoie@hq.doe.gov or
phone at (202) 586–2459.
Electronic Filing by email (Strongly
encouraged): fergas@hq.doe.gov.
Postal Mail, Hand Delivery, or Private
Delivery Services (e.g., FedEx, UPS,
SUMMARY:
VerDate Sep<11>2014
17:11 Sep 20, 2023
etc.): U.S. Department of Energy (FE–
34), Office of Regulation, Analysis, and
Engagement, Office of Fossil Energy and
Carbon Management, Forrestal Building,
Room 3E–056, 1000 Independence
Avenue SW, Washington, DC 20585.
Due to potential delays in DOE’s
receipt and processing of mail sent
through the U.S. Postal Service, we
encourage respondents to submit filings
electronically to ensure timely receipt.
DOE is concurrently providing notice of
the Draft EA to the cross-border host
state of Texas, and to all Indian Tribes
on or within 100 kilometers of the U.S.
border in that state.
An electronic copy of the Draft EA
may be found online on the following
website: https://www.energy.gov/sites/
default/files/2023-09/NFE%20Altamira
%20FLNG_Draft%20Environmental
%20Assessment%20Final%209.15.23.pdf.
Jkt 259001
On September 9, 2022, NFE Altamira
filed an application (Application) 1 with
DOE’s Office of Fossil Energy and
Carbon Management (FECM) under
section 3 of the NGA.2 In the
Application, NFE Altamira stated that it
was submitting the Application in
connection with the development of a
floating liquefaction and export terminal
project proposed by its affiliate, Mexico
FLNG S. de R.L. de C.V.3 This proposed
facility, known as New Fortress Energy’s
Altamira FLNG Project (Project),4 would
be located off the coast of Altamira,
Tamaulipas, Mexico, in the Gulf of
Mexico.5
1 NFE Altamira FLNG, S. de R.L. de C.V.,
Application for Long-Term, Multi-Contract
Authorizations to Export Natural Gas to Mexico and
to Re-Export Liquefied Natural Gas from Mexico to
Free Trade Agreement and Non-Free Trade
Agreement Nations, Docket No. 22–110–LNG (Sept.
9, 2022) [hereinafter NFE Altamira App.].
2 15 U.S.C. 717b. The authority to regulate the
imports and exports of natural gas, including
liquefied natural gas, under section 3 of the NGA
has been delegated to the Assistant Secretary for
FECM in Redelegation Order No. S4–DEL–FE1–
2023, issued on April 10, 2023.
3 NFE Altamira App. at 2.
4 The acronym ‘‘FLNG’’ in the natural gas
industry refers to ‘‘floating liquefied natural gas.’’
5 NFE Altamira App. at 2, 5, 18.
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Fmt 4703
Sfmt 4703
NFE Altamira requests long-term,
multi-contract authorization to export
U.S.-sourced natural gas to Mexico, and
after liquefaction in Mexico, to other
countries as described below, in a
combined total volume equivalent to
158 billion cubic feet (Bcf) per year (Bcf/
yr) of natural gas (0.43 Bcf per day (Bcf/
d)).6 NFE Altamira seeks to export this
volume of natural gas for the following
purposes:
(i) To use approximately 13 Bcf/yr
(0.03 Bcf/d) in Mexico as ‘‘fuel in the
liquefaction process and [ ] process gas
loss during the pretreatment process;’’ 7
and
(ii) To use approximately 145 Bcf/yr
of natural gas (0.40 Bcf/d) of natural gas
in the proposed Project, where the U.S.sourced natural gas would be liquefied,
then re-exported 8 as liquefied natural
gas (LNG) by vessel to:
(a) Any country with which the
United States has entered into a free
trade agreement (FTA) requiring
national treatment for trade in natural
gas (FTA countries), under NGA section
3(c); 9 and
(b) Any other country with which
trade is not prohibited by U.S. law or
policy (non-FTA countries), under NGA
section 3(a).10
NFE Altamira further states that it seeks
these authorizations ‘‘in order to reexport from Mexico U.S.-sourced
natural gas for which it has acquired
title in the United States, as well as
U.S.-sourced volumes for which it
acquires title in Mexico.’’ 11 NFE
Altamira requests the FTA and non-FTA
authorizations on a non-additive basis
for a term to commence on the date of
first export following the
commencement of commercial
operation of the Project, and extending
through December 31, 2050.12
6 Id.
at 1.
at 5 (stating that the two liquefaction systems
would consume approximately 6.5 Bcf/yr of natural
gas each, for a total of 13 Bcf/yr of natural gas) &
n.13.
8 For purposes of this proceeding, ‘‘re-export’’
means to ship or transmit U.S.-sourced natural gas
in its various forms (gas, compressed, or liquefied)
subject to DOE’s jurisdiction under the NGA, 15
U.S.C. 717b, from one foreign country (i.e., a
country other than the United States) to another
foreign country.
9 15 U.S.C. 717b(c). The United States currently
has FTAs requiring national treatment for trade in
natural gas with Australia, Bahrain, Canada, Chile,
Colombia, Dominican Republic, El Salvador,
Guatemala, Honduras, Jordan, Mexico, Morocco,
Nicaragua, Oman, Panama, Peru, Republic of Korea,
and Singapore. FTAs with Israel and Costa Rica do
not require national treatment for trade in natural
gas.
10 15 U.S.C. 717b(a); see NFE Altamira App. at 2,
7.
11 NFE Altamira App. at 2.
12 Id. at 2–3, 7.
7 Id.
E:\FR\FM\21SEN1.SGM
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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Notices
On March 3, 2023, in Order No. 4960,
DOE granted the FTA portion of the
Application, as required by NGA section
3(c).13 NFE Altamira is thus authorized
to export natural gas to Mexico in the
total requested volume of 158 Bcf/yr of
natural gas—which includes export by
pipeline (13 Bcf/yr) and re-export after
liquefaction in Mexico to FTA countries
(145 Bcf/yr equivalent).14 The requested
non-FTA volume, if approved, would
not be additive to this FTA volume.
According to NFE Altamira, the U.S.sourced natural gas for which it has
acquired title in the United States
would be exported to Mexico at the
United States-Mexico border via the
existing border-crossing facilities of
Valley Crossing Pipeline, LLC (Valley
Crossing Pipeline), and potentially,
cross-border natural gas pipelines that
may be constructed in the future and
that interconnect with the Sur de
Texas–Tuxpan Pipeline offshore natural
gas pipeline system in Mexican
waters.15 Additionally, NFE Altamira
states that it may purchase U.S.-sourced
natural gas in Mexico from upstream
suppliers who have exported the natural
gas from the United States (under the
supplier’s own FTA export
authorization or under this requested
authorization), with NFE Altamira
acting as agent.16 Once constructed, the
Project would be capable of receiving,
processing, and liquefying the U.S.sourced natural gas, storing the resulting
LNG, and loading the LNG onto oceangoing LNG vessels for delivery to export
destinations.17
For the non-FTA portion of NFE
Altamira’s request,18 DOE published a
notice of the Application in the Federal
Register (Notice of Application) on
October 6, 2022.19 The Notice of
Application called on interested persons
to submit protests, motions to intervene,
notices of intervention, and comments
by December 5, 2022.20 On December 5,
ddrumheller on DSK120RN23PROD with NOTICES1
13 NFE
Altamira FLNG, S. de R.L. de C.V., DOE/
FECM Order No. 4960, Docket No. 22–110–LNG,
Order Granting Long-Term Authorization to Export
Natural Gas to Mexico and to Other Free Trade
Agreement Nations (Mar. 3, 2023).
14 See id. at 4, 15–16.
15 Id. at 1 & n.5, 6.
16 Id. at 5–6, 8–9.
17 Id. at 5–7.
18 DOE finds that the requirement for public
notice of applications, as well as other hearing-type
procedures in 10 CFR part 590, will apply only to
applications seeking to export natural gas,
including LNG, to non-FTA countries.
19 See NFE Altamira FLNG, S. de R.L. de C.V.;
Application for Long-Term, Multi-Contract
Authorization To Export Domestically Produced
Natural Gas to Mexico and To Re-Export Liquefied
Natural Gas From Mexico to Non-Free Trade
Agreement Countries; Notice of Application, 87 FR
60667 (Oct. 6, 2022) [hereinafter Notice of App.].
20 Id. at 87 FR 60668.
VerDate Sep<11>2014
17:11 Sep 20, 2023
Jkt 259001
2022, Sierra Club filed a Motion to
Intervene and Protest, with
accompanying exhibits, opposing the
non-FTA portion of NFE Altamira’s
Application.21 Sierra Club
supplemented its filing on December 9,
2022, with electronic copies of
documents that were hyperlinked in its
initial filing. NFE Altamira filed an
Answer in Opposition to Sierra Club’s
Protest on December 20, 2022.22
Before reaching a final decision on a
non-FTA application under NGA
section 3(a), DOE must also comply
with NEPA.23 In evaluating applications
for re-export authorization similar to
NFE Altamira’s Application, DOE has
used recent guidance to inform its
environmental analysis. On January 27,
2021, the President issued Executive
Order (E.O.) No. 14008, Tackling the
Climate Crisis at Home and Abroad.24
Additionally, on April 20, 2022, the
Council on Environmental Quality
(CEQ) issued a final rule for
implementing CEQ’s NEPA regulations,
including the definition of
environmental ‘‘effects.’’ 25 DOE has
determined that, consistent with E.O.
14008 and its obligations under NEPA,
it is appropriate to evaluate the
potential environmental impacts—
including the greenhouse gas
emissions—of exporting (or reexporting) U.S.-sourced LNG from the
proposed Project to non-FTA countries.
Therefore, on June 27, 2023, DOE issued
a ‘‘Notice of Environmental
Assessment’’ announcing that it is
undertaking an EA under NEPA to
analyze NFE Altamira’s requested
exports of U.S.-sourced natural gas as
LNG to non-FTA countries.26
The Draft EA examined the potential
environmental impacts associated with
21 Sierra Club, Motion to Intervene and Protest of
NFE Altamira FLNG’s Request for Export and ReExport Authorization, Docket No. 22–110–LNG
(Dec. 5, 2022).
22 NFE Altamira FLNG, S. de R.L. de C.V., Answer
in Opposition to Protest of Sierra Club, Docket No.
22–110–LNG (Dec. 20, 2022).
23 42 U.S.C. 4321 et seq.
24 E.O. 14008 sets forth policies to address climate
change, specifically to ‘‘organize and deploy the full
capacity of [Federal] agencies to combat the climate
crisis.’’ Exec. Order No. 14008 of Jan. 27, 2021,
Tackling the Climate Crisis at Home and Abroad,
86 FR 7619 (Feb. 1, 2021), https://
www.federalregister.gov/documents/2021/02/01/
2021-02177/tackling-the-climate-crisisat-home-andabroad. E.O. 14008 further requires the ‘‘Federal
Government [to] drive assessment, disclosure, and
mitigation of climate pollution and climate-related
risks in every sector’’ of the U.S. economy. Id.
25 See Council on Envtl. Quality, National
Environmental Policy Act Implementing
Regulations Revisions; Final Rule, 87 FR 23453
(Apr. 20, 2022).
26 NFE Altamira FLNG, S. De R.L. de C.V., Notice
of Environmental Assessment, Docket No. 22–110–
LNG (June 27, 2023).
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65161
unconventional natural gas exploration
and production activities in the lower48 states; the utilization of the crossborder pipeline facilities in Texas
named in the Application that
interconnect the United States and
Mexico and that NFE Altamira may
utilize for its U.S. natural gas supply;
descriptions of Mexico’s environmental
review process for the construction and
operation of liquefaction terminals and
related facilities; marine transport of
LNG exported from the proposed
Project; and the global nature of GHG
emissions associated with re-exporting
U.S.-sourced natural gas as LNG from
Mexico from a life cycle perspective.
NEPA Process and Public Involvement
DOE prepared the Draft EA in
accordance with the CEQ regulations at
Title 40, Code of Federal Regulations,
parts 1500–1508 (40 CFR parts 1500–
1508) and DOE NEPA implementing
procedures at 10 CFR part 1021. DOE
published a Notice of Environmental
Assessment to Docket No. 22–110–LNG
on June 27, 2023, announcing its intent
to prepare an EA. DOE is providing
opportunities for public review and
comments on this Draft EA (see DATES
and ADDRESSES sections of this notice).
Signed in Washington, DC, on September
15, 2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and
Engagement, Office of Resource
Sustainability.
[FR Doc. 2023–20427 Filed 9–20–23; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP22–503–000; Docket No.
CP22–502–000]
Columbia Gas Transmission, LLC,
Transcontinental Gas Pipe Line
Company, LLC; Notice of Availability
of the Final Environmental Impact
Statement for the Proposed Virginia
Reliability Project Commonwealth
Energy Connector Project
The staff of the Federal Energy
Regulatory Commission (FERC or
Commission) has prepared a final
environmental impact statement (EIS)
for the Virginia Reliability Project
(VRP), proposed by Columbia Gas
Transmission, LLC (Columbia), and the
Commonwealth Energy Connector
Project (CEC Project) proposed by
Transcontinental Gas Pipe Line
Company, LLC (Transco) in the abovereferenced dockets.
E:\FR\FM\21SEN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Pages 65160-65161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20427]
=======================================================================
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DEPARTMENT OF ENERGY
[Docket No. 22-110-LNG]
Notice of Availability of the Draft Environmental Assessment for
the New Fortress Energy Altamira FLNG Project
AGENCY: Office of Fossil Energy and Carbon Management, Department of
Energy.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) has prepared a Draft
Environmental Assessment (EA) to determine how to review the potential
environmental impacts associated with authorizing NFE Altamira FLNG, S.
de R.L. de C.V. (NFE Altamira) to export U.S.-sourced natural gas to
Mexico and, after liquefaction in Mexico, to other countries from the
proposed NFE Altamira FLNG Project. DOE is also announcing a public
comment period to receive comments on the Draft EA. DOE prepared the
Draft EA in accordance with the National Environmental Policy Act of
1969 (NEPA), to inform its decision on authorization under the Natural
Gas Act (NGA).
DATES: The 30-day public comment period extends from the date of
publication of this Notice in the Federal Register through October 23,
2023.
ADDRESSES: Questions concerning the Draft EA or requests for a paper
copy should be directed to: Brian Lavoie via email to
[email protected] or phone at (202) 586-2459.
Electronic Filing by email (Strongly encouraged):
[email protected].
Postal Mail, Hand Delivery, or Private Delivery Services (e.g.,
FedEx, UPS, etc.): U.S. Department of Energy (FE-34), Office of
Regulation, Analysis, and Engagement, Office of Fossil Energy and
Carbon Management, Forrestal Building, Room 3E-056, 1000 Independence
Avenue SW, Washington, DC 20585.
Due to potential delays in DOE's receipt and processing of mail
sent through the U.S. Postal Service, we encourage respondents to
submit filings electronically to ensure timely receipt. DOE is
concurrently providing notice of the Draft EA to the cross-border host
state of Texas, and to all Indian Tribes on or within 100 kilometers of
the U.S. border in that state.
An electronic copy of the Draft EA may be found online on the
following website: https://www.energy.gov/sites/default/files/2023-09/NFE%20Altamira%20FLNG_Draft%20Environmental%20Assessment%20-Final%209.15.23.pdf.
FOR FURTHER INFORMATION CONTACT: Brian Lavoie, U.S. Department of
Energy (FE-34), Office of Regulation, Analysis, and Engagement, Office
of Resource Sustainability, Office of Fossil Energy and Carbon
Management, Forrestal Building, Room 3E-042, 1000 Independence Avenue
SW, Washington, DC 20585, (202) 586-2459, [email protected].
SUPPLEMENTARY INFORMATION:
Background
On September 9, 2022, NFE Altamira filed an application
(Application) \1\ with DOE's Office of Fossil Energy and Carbon
Management (FECM) under section 3 of the NGA.\2\ In the Application,
NFE Altamira stated that it was submitting the Application in
connection with the development of a floating liquefaction and export
terminal project proposed by its affiliate, Mexico FLNG S. de R.L. de
C.V.\3\ This proposed facility, known as New Fortress Energy's Altamira
FLNG Project (Project),\4\ would be located off the coast of Altamira,
Tamaulipas, Mexico, in the Gulf of Mexico.\5\
---------------------------------------------------------------------------
\1\ NFE Altamira FLNG, S. de R.L. de C.V., Application for Long-
Term, Multi-Contract Authorizations to Export Natural Gas to Mexico
and to Re-Export Liquefied Natural Gas from Mexico to Free Trade
Agreement and Non-Free Trade Agreement Nations, Docket No. 22-110-
LNG (Sept. 9, 2022) [hereinafter NFE Altamira App.].
\2\ 15 U.S.C. 717b. The authority to regulate the imports and
exports of natural gas, including liquefied natural gas, under
section 3 of the NGA has been delegated to the Assistant Secretary
for FECM in Redelegation Order No. S4-DEL-FE1-2023, issued on April
10, 2023.
\3\ NFE Altamira App. at 2.
\4\ The acronym ``FLNG'' in the natural gas industry refers to
``floating liquefied natural gas.''
\5\ NFE Altamira App. at 2, 5, 18.
---------------------------------------------------------------------------
NFE Altamira requests long-term, multi-contract authorization to
export U.S.-sourced natural gas to Mexico, and after liquefaction in
Mexico, to other countries as described below, in a combined total
volume equivalent to 158 billion cubic feet (Bcf) per year (Bcf/yr) of
natural gas (0.43 Bcf per day (Bcf/d)).\6\ NFE Altamira seeks to export
this volume of natural gas for the following purposes:
---------------------------------------------------------------------------
\6\ Id. at 1.
---------------------------------------------------------------------------
(i) To use approximately 13 Bcf/yr (0.03 Bcf/d) in Mexico as ``fuel
in the liquefaction process and [ ] process gas loss during the
pretreatment process;'' \7\ and
---------------------------------------------------------------------------
\7\ Id. at 5 (stating that the two liquefaction systems would
consume approximately 6.5 Bcf/yr of natural gas each, for a total of
13 Bcf/yr of natural gas) & n.13.
---------------------------------------------------------------------------
(ii) To use approximately 145 Bcf/yr of natural gas (0.40 Bcf/d) of
natural gas in the proposed Project, where the U.S.-sourced natural gas
would be liquefied, then re-exported \8\ as liquefied natural gas (LNG)
by vessel to:
---------------------------------------------------------------------------
\8\ For purposes of this proceeding, ``re-export'' means to ship
or transmit U.S.-sourced natural gas in its various forms (gas,
compressed, or liquefied) subject to DOE's jurisdiction under the
NGA, 15 U.S.C. 717b, from one foreign country (i.e., a country other
than the United States) to another foreign country.
---------------------------------------------------------------------------
(a) Any country with which the United States has entered into a
free trade agreement (FTA) requiring national treatment for trade in
natural gas (FTA countries), under NGA section 3(c); \9\ and
---------------------------------------------------------------------------
\9\ 15 U.S.C. 717b(c). The United States currently has FTAs
requiring national treatment for trade in natural gas with
Australia, Bahrain, Canada, Chile, Colombia, Dominican Republic, El
Salvador, Guatemala, Honduras, Jordan, Mexico, Morocco, Nicaragua,
Oman, Panama, Peru, Republic of Korea, and Singapore. FTAs with
Israel and Costa Rica do not require national treatment for trade in
natural gas.
---------------------------------------------------------------------------
(b) Any other country with which trade is not prohibited by U.S.
law or policy (non-FTA countries), under NGA section 3(a).\10\
---------------------------------------------------------------------------
\10\ 15 U.S.C. 717b(a); see NFE Altamira App. at 2, 7.
NFE Altamira further states that it seeks these authorizations ``in
order to re-export from Mexico U.S.-sourced natural gas for which it
has acquired title in the United States, as well as U.S.-sourced
volumes for which it acquires title in Mexico.'' \11\ NFE Altamira
requests the FTA and non-FTA authorizations on a non-additive basis for
a term to commence on the date of first export following the
commencement of commercial operation of the Project, and extending
through December 31, 2050.\12\
---------------------------------------------------------------------------
\11\ NFE Altamira App. at 2.
\12\ Id. at 2-3, 7.
---------------------------------------------------------------------------
[[Page 65161]]
On March 3, 2023, in Order No. 4960, DOE granted the FTA portion of
the Application, as required by NGA section 3(c).\13\ NFE Altamira is
thus authorized to export natural gas to Mexico in the total requested
volume of 158 Bcf/yr of natural gas--which includes export by pipeline
(13 Bcf/yr) and re-export after liquefaction in Mexico to FTA countries
(145 Bcf/yr equivalent).\14\ The requested non-FTA volume, if approved,
would not be additive to this FTA volume.
---------------------------------------------------------------------------
\13\ NFE Altamira FLNG, S. de R.L. de C.V., DOE/FECM Order No.
4960, Docket No. 22-110-LNG, Order Granting Long-Term Authorization
to Export Natural Gas to Mexico and to Other Free Trade Agreement
Nations (Mar. 3, 2023).
\14\ See id. at 4, 15-16.
---------------------------------------------------------------------------
According to NFE Altamira, the U.S.-sourced natural gas for which
it has acquired title in the United States would be exported to Mexico
at the United States-Mexico border via the existing border-crossing
facilities of Valley Crossing Pipeline, LLC (Valley Crossing Pipeline),
and potentially, cross-border natural gas pipelines that may be
constructed in the future and that interconnect with the Sur de Texas-
Tuxpan Pipeline offshore natural gas pipeline system in Mexican
waters.\15\ Additionally, NFE Altamira states that it may purchase
U.S.-sourced natural gas in Mexico from upstream suppliers who have
exported the natural gas from the United States (under the supplier's
own FTA export authorization or under this requested authorization),
with NFE Altamira acting as agent.\16\ Once constructed, the Project
would be capable of receiving, processing, and liquefying the U.S.-
sourced natural gas, storing the resulting LNG, and loading the LNG
onto ocean-going LNG vessels for delivery to export destinations.\17\
---------------------------------------------------------------------------
\15\ Id. at 1 & n.5, 6.
\16\ Id. at 5-6, 8-9.
\17\ Id. at 5-7.
---------------------------------------------------------------------------
For the non-FTA portion of NFE Altamira's request,\18\ DOE
published a notice of the Application in the Federal Register (Notice
of Application) on October 6, 2022.\19\ The Notice of Application
called on interested persons to submit protests, motions to intervene,
notices of intervention, and comments by December 5, 2022.\20\ On
December 5, 2022, Sierra Club filed a Motion to Intervene and Protest,
with accompanying exhibits, opposing the non-FTA portion of NFE
Altamira's Application.\21\ Sierra Club supplemented its filing on
December 9, 2022, with electronic copies of documents that were
hyperlinked in its initial filing. NFE Altamira filed an Answer in
Opposition to Sierra Club's Protest on December 20, 2022.\22\
---------------------------------------------------------------------------
\18\ DOE finds that the requirement for public notice of
applications, as well as other hearing-type procedures in 10 CFR
part 590, will apply only to applications seeking to export natural
gas, including LNG, to non-FTA countries.
\19\ See NFE Altamira FLNG, S. de R.L. de C.V.; Application for
Long-Term, Multi-Contract Authorization To Export Domestically
Produced Natural Gas to Mexico and To Re-Export Liquefied Natural
Gas From Mexico to Non-Free Trade Agreement Countries; Notice of
Application, 87 FR 60667 (Oct. 6, 2022) [hereinafter Notice of
App.].
\20\ Id. at 87 FR 60668.
\21\ Sierra Club, Motion to Intervene and Protest of NFE
Altamira FLNG's Request for Export and Re-Export Authorization,
Docket No. 22-110-LNG (Dec. 5, 2022).
\22\ NFE Altamira FLNG, S. de R.L. de C.V., Answer in Opposition
to Protest of Sierra Club, Docket No. 22-110-LNG (Dec. 20, 2022).
---------------------------------------------------------------------------
Before reaching a final decision on a non-FTA application under NGA
section 3(a), DOE must also comply with NEPA.\23\ In evaluating
applications for re-export authorization similar to NFE Altamira's
Application, DOE has used recent guidance to inform its environmental
analysis. On January 27, 2021, the President issued Executive Order
(E.O.) No. 14008, Tackling the Climate Crisis at Home and Abroad.\24\
Additionally, on April 20, 2022, the Council on Environmental Quality
(CEQ) issued a final rule for implementing CEQ's NEPA regulations,
including the definition of environmental ``effects.'' \25\ DOE has
determined that, consistent with E.O. 14008 and its obligations under
NEPA, it is appropriate to evaluate the potential environmental
impacts--including the greenhouse gas emissions--of exporting (or re-
exporting) U.S.-sourced LNG from the proposed Project to non-FTA
countries. Therefore, on June 27, 2023, DOE issued a ``Notice of
Environmental Assessment'' announcing that it is undertaking an EA
under NEPA to analyze NFE Altamira's requested exports of U.S.-sourced
natural gas as LNG to non-FTA countries.\26\
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\23\ 42 U.S.C. 4321 et seq.
\24\ E.O. 14008 sets forth policies to address climate change,
specifically to ``organize and deploy the full capacity of [Federal]
agencies to combat the climate crisis.'' Exec. Order No. 14008 of
Jan. 27, 2021, Tackling the Climate Crisis at Home and Abroad, 86 FR
7619 (Feb. 1, 2021), https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisisat-home-and-abroad. E.O.
14008 further requires the ``Federal Government [to] drive
assessment, disclosure, and mitigation of climate pollution and
climate-related risks in every sector'' of the U.S. economy. Id.
\25\ See Council on Envtl. Quality, National Environmental
Policy Act Implementing Regulations Revisions; Final Rule, 87 FR
23453 (Apr. 20, 2022).
\26\ NFE Altamira FLNG, S. De R.L. de C.V., Notice of
Environmental Assessment, Docket No. 22-110-LNG (June 27, 2023).
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The Draft EA examined the potential environmental impacts
associated with unconventional natural gas exploration and production
activities in the lower-48 states; the utilization of the cross-border
pipeline facilities in Texas named in the Application that interconnect
the United States and Mexico and that NFE Altamira may utilize for its
U.S. natural gas supply; descriptions of Mexico's environmental review
process for the construction and operation of liquefaction terminals
and related facilities; marine transport of LNG exported from the
proposed Project; and the global nature of GHG emissions associated
with re-exporting U.S.-sourced natural gas as LNG from Mexico from a
life cycle perspective.
NEPA Process and Public Involvement
DOE prepared the Draft EA in accordance with the CEQ regulations at
Title 40, Code of Federal Regulations, parts 1500-1508 (40 CFR parts
1500-1508) and DOE NEPA implementing procedures at 10 CFR part 1021.
DOE published a Notice of Environmental Assessment to Docket No. 22-
110-LNG on June 27, 2023, announcing its intent to prepare an EA. DOE
is providing opportunities for public review and comments on this Draft
EA (see DATES and ADDRESSES sections of this notice).
Signed in Washington, DC, on September 15, 2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2023-20427 Filed 9-20-23; 8:45 am]
BILLING CODE 6450-01-P
