Notice of Intent To Prepare an Environmental Impact Statement for the Project Cypress Direct Air Capture (DAC) Hub; Notice of Potential Floodplain and Wetland Involvement, DOE/EIS-0567, 87349-87352 [2024-25499]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 89, Number 212 (Friday, November 1, 2024)]
[Notices]
[Pages 87349-87352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25499]


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DEPARTMENT OF ENERGY


Notice of Intent To Prepare an Environmental Impact Statement for 
the Project Cypress Direct Air Capture (DAC) Hub; Notice of Potential 
Floodplain and Wetland Involvement, DOE/EIS-0567

AGENCY: Office of Clean Energy Demonstrations, U.S. Department of 
Energy.

ACTION: Notice of intent to prepare an environmental impact statement, 
notice of scoping meetings, request for comments and notice of 
potential floodplain and wetland involvement.

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SUMMARY: The U.S. Department of Energy (DOE) announces its intent to 
prepare an environmental impact statement (EIS) pursuant to the 
National Environmental Policy Act (NEPA), the Council on Environmental 
Quality (CEQ) NEPA regulations, and the DOE NEPA implementing 
procedures, to assess the potential environmental impacts for the 
proposed action of providing financial assistance to Battelle Memorial 
Institute (Battelle) to facilitate the design, construction, operation, 
and maintenance of a portion of the Project Cypress Direct Air Capture 
Hub (Project Cypress). Project Cypress would demonstrate the 
processing, delivery, secure geologic storage, and/or conversion of, 
carbon dioxide (CO2) captured from the atmosphere.

DATES: The public scoping period for the EIS starts with the 
publication of this NOI and ends on December 16, 2024. DOE will hold 
two in-person public scoping meetings at the following dates and times 
(eastern time):
     Wednesday, November 20, 2024, 5 p.m.-8 p.m., Caddo-Bossier 
Port, 6000 Doug Attaway Blvd., Shreveport, LA 71115.
     Thursday, November 21, 2024, 5 p.m.-8 p.m., Ward 7 
Recreational Center, 1615 Horridge St, Vinton, LA 70668.
    All meetings are open to the public and free to attend. Details on 
how to participate in the public scoping meetings are available on the 
DOE's web page for this EIS: https://www.energy.gov/nepa/doeeis-0567-project-cypress-regional-direct-air-capture-dac-hub-calcasieu-parish-and-caddo. In defining the scope of the EIS, DOE will consider all 
scoping comments received or postmarked by December 16, 2024. Comments 
received or postmarked after the scoping period end date will be 
considered to the extent practicable.

ADDRESSES: Oral or written comments may be provided at the public 
scoping meetings. Written comments can be submitted in any of the 
following ways:
     Mail or Hand Delivery Service: Send comments in an 
envelope labeled ``DOE/EIS-0567'' and addressed to Robyn Susemihl, 
Burns & McDonnell, 4004 Summit Blvd. NE, Suite 1200, Atlanta, GA 30319; 
or
     Through the www.regulations.gov web portal: Navigate to 
www.regulations.gov and search for Docket No. DOE-HQ-2024-0080 and 
follow the instructions for submitting comments.

FOR FURTHER INFORMATION CONTACT: Cassandra Forsyth, NEPA Document 
Manager, Office of Clean Energy Demonstration Projects, U.S. Department 
of Energy, U.S. Department of Energy, 1000 Independence Ave SW, 
Washington, DC 20585, email: [email protected] or 
telephone: 240-246-4998.

SUPPLEMENTARY INFORMATION:

Background

    The Infrastructure and Investment in Jobs Act, commonly known as 
the Bipartisan Infrastructure Law (BIL), established the Regional 
Direct Air Capture Hubs (DAC Hubs) program to accelerate 
commercialization of, and demonstrate the processing, delivery, secure 
geologic storage, and/or conversion of, carbon dioxide (CO2) 
captured from the atmosphere. DAC Hub infrastructure can provide 
economic value and environmental benefits for diverse applications 
across multiple sectors. However, if the nation is to achieve 
widespread DAC commercialization and realize these benefits, key 
challenges to the development and deployment of DAC must be overcome. 
These challenges include cost, durability, reliability, and 
performance, as well as the lack of existing DAC infrastructure 
capturing at least 50 kilotonnes per annum (KTA) carbon dioxide 
(CO2) or a DAC Hub capacity build-out plan to eventually 
reach the goal of at least 1,000 KTA CO2. Non-technical 
barriers also need to be addressed, such as fostering best practices 
for safety, and developing a robust supply chain and workforce. 
Accordingly, there is a need to reduce the cost of DAC infrastructure 
through

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technology development to assure competitiveness and to reduce 
deployment timelines and uncertainties limiting U.S. DAC Hub 
infrastructure project development.
    DOE will prepare an environmental impact statement (DOE/EIS-0567) 
to evaluate the potential impacts to the human environment associated 
with the proposed Project Cypress. The purpose of this notice of intent 
(NOI) is to invite public participation in the NEPA process and to 
encourage public input on the scope of analysis and alternatives that 
should be considered in the EIS.
    Portions of Project Cypress may affect areas designated as 
floodplains or wetlands. This NOI, therefore, also serves as notice of 
a proposed floodplain or wetland action in accordance with DOE's 
floodplain and wetland environmental review requirements (10 CFR part 
1022). The Project Cypress EIS will include a floodplain and wetland 
assessment.

Purpose and Need for the Proposed Action

    The purpose and need for agency action is to comply with the DOE's 
statutory mandate in BIL to catalyze investment in the development of 
DAC Hub technology that demonstrates accelerated commercialization of, 
and demonstrates the processing, delivery, geologic storage, and 
conversion of, CO2 captured from the atmosphere. The 
proposed action would fulfill DOE's goals of accelerating the 
deployment of these technologies and enabling infrastructure to attract 
greater investments from the private sector and promote substantial 
U.S. manufacturing of numerous DAC Hub related technologies.
    DOE's purpose is to fund DAC Hub projects that meet the criteria 
for a regional DAC Hub, which state that each DAC Hub selected:
     Will facilitate the deployment of DAC projects.
     Has the potential to capture and sequester (or utilize) at 
least 1,000,000 metric tons of CO2 from the atmosphere 
annually from a single unit or multiple interconnected units.
     Demonstrates the capture, processing, delivery, and 
sequestration or end-use of captured carbon.
     Could be developed into a regional or interregional carbon 
network to facilitate sequestration or carbon utilization.
    DOE competitively selected Battelle under DE-FOA-0002735 to 
demonstrate the Regional DAC Hub technology with Project Cypress.
    The need for agency action is to respond to Battelle's request for 
financial assistance through the cost-shared partnership to design, 
construct, and operate Project Cypress with the utilization of more 
than one DAC technology developed in different portions of western 
Louisiana.
    Project Cypress would provide a scalable solution for the capture 
of CO2 directly from the air for the permanent removal of 
CO2 to combat climate change. Project Cypress is proposing 
to construct state-of-the-art facilities that would accomplish carbon 
dioxide removal from ambient air.

Proposed Action and Preliminary Alternatives

Proposed Action

    DOE's Proposed Action is to authorize the expenditure of Federal 
funds to design, construct, operate, and maintain a Regional DAC Hub in 
western Louisiana. The proposed action would fund portions of Project 
Cypress, including the engineering, design, construction, and operation 
of certain DAC facilities in Calcasieu Parish (Ward 7), situated in 
southwest Louisiana (LA), and certain DAC facilities in Caddo Parish 
(Ward 4), located in northwest LA. The proposed Project Cypress would 
capture and sequester CO2 through the utilization of 
contrasting DAC technologies developed independently by Climeworks 
Corporation (Climeworks) and Heirloom Carbon Technologies (Heirloom), 
the subrecipients of grant awardee, Battelle:
     Cypress Southwest would consist of an approximately 300-
KTA Climeworks DAC facility (Stage 1) and an approximately 1000-KTA 
Climeworks DAC facility (Stage 2) located in Calcasieu Parish, LA.
     Cypress Northwest would consist of an approximately 100-
KTA Heirloom DAC facility located in Caddo Parish, LA.

No Action Alternative

    As required by NEPA, DOE will consider a no action alternative 
where DOE would not authorize the expenditure of Federal funds for 
development of Project Cypress. The no action alternative provides a 
benchmark for comparison with environmental effects of the other 
alternatives.

Preliminary Action Alternatives

    The EIS may also evaluate other reasonable alternatives that are 
technically and economically feasible and meet the purpose and need for 
the proposed action. Other reasonable alternatives that may be 
evaluated in the EIS include: (1) providing funding for Cypress 
Southwest only (Climeworks DAC facility in Calcasieu Parish, LA); and 
(2) providing funding for Cypress Northwest only (Heirloom DAC facility 
in Caddo Parish, LA).

Summary of Potential Impacts

    DOE's analysis and discussion in the EIS will focus on potentially 
significant environmental impacts. Accordingly, in the EIS, DOE 
anticipates evaluating potential impacts related to: (1) land use, (2) 
atmospheric conditions and air quality, (3) hydrologic conditions and 
water quality, (4) geology and soils, (5) vegetation and wildlife, (6) 
socioeconomic conditions, (7) environmental justice, (8) cultural 
resources, (9) visual resources, (10) health and safety, and (11) 
cumulative impacts. This list is not intended to be all-inclusive or to 
imply a predetermination of potential impacts. DOE invites interested 
stakeholders to suggest specific issues, including possible mitigation 
measures, within these general categories or others, to be considered 
in the EIS.

Anticipated Permits and Authorizations

    A decision by DOE to authorize expenditure of Federal funds would 
not directly authorize construction or operation of Project Cypress by 
Battelle or project partners Climeworks and Heirloom. Other Federal 
authorizations will be required. These processes, as well as 
consultation under the Endangered Species Act and Section 106 of the 
National Historic Preservation Act, as appropriate, will occur 
concurrently with the NEPA process. Information and data on historic 
and cultural resources and threatened and endangered species within the 
area(s) potentially affected by the proposed action will assist in 
identifying and evaluating impacts to such resources.
    In addition to consultation with the State Historic Preservation 
Office (SHPO), DOE will also engage in government-to-government Tribal 
consultation, as appropriate.
    Anticipated Federal, State, and local permits or authorizations 
required for construction and operation of Cypress Southwest 
(Climeworks) may include:
     Clean Water Act (CWA) Section 404 permit (Individual or 
Nationwide) from the United States Army Corps of Engineers (USACE) for 
construction of wastewater and stormwater outfalls in waters of the 
United States,
     Air Permit from Louisiana Department of Environmental 
Quality (LDEQ) for construction and operation of emissions sources,
     Louisiana Pollution Discharge Elimination System (LPDES) 
Permit

[[Page 87351]]

from LDEQ for discharges of industrial wastewater and stormwater into 
waters of the State,
     LPDES General Permit No. LAR1000000 from LDEQ for 
discharges of stormwater from construction activities into waters of 
the State,
     LPDES General Permit No. LA670000 for hydrostatic test 
discharges during construction to waters of the State,
     Water Well Notification to the Louisiana Department of 
Energy and Natural Resources (LDENR) for groundwater well drilling and 
pumping, and
     Various permits from Calcasieu Parish including Floodplain 
Development Permit, Stormwater Permit, and Temporary Office Trailer 
Permit.
    Anticipated Federal, State, and local permits or authorizations 
required for construction and operation of Cypress Northwest (Heirloom) 
may include:
     CWA Section 404 permit (Individual or Nationwide) from the 
USACE for construction of wastewater and stormwater outfalls in waters 
of the United States,
     Louisiana State 401 Water Quality Certification,
     LPDES Permit from LDEQ for discharges of industrial 
wastewater and stormwater into waters of the State,
     LPDES General Permit No. LAR1000000 from LDEQ for 
discharges of stormwater from construction activities into waters of 
the State,
     LPDES General Permit No. LA670000 for hydrostatic test 
discharges during construction to waters of the State.

Floodplain or Wetland Involvement

    Floodplains and wetlands exist in the Project Cypress proposed 
project area. Therefore, this NOI also serves as a notice of proposed 
floodplain or wetland action. The EIS will include an assessment of 
impacts to floodplains and wetlands, and, if required, a floodplain 
statement of findings in accordance with DOE regulations for compliance 
with floodplain and wetlands environmental review (10 CFR part 1022).

Schedule for Decision-Making Process

    After the draft EIS is completed, DOE will publish a notice of 
availability (NOA) and request public comments on the draft EIS. DOE 
currently expects to issue the NOA in June 2025. After the public 
comment period ends, DOE will review and respond to comments received 
and will develop the final EIS. DOE currently expects to make the final 
EIS available to the public in March 2026. A record of decision will be 
completed no sooner than 30 days after the final EIS is released, in 
accordance with 40 CFR 1506.10.

Scoping Process

    This NOI commences the public scoping process to identify issues 
and potential alternatives for consideration in the EIS. Throughout the 
scoping process, Federal agencies, Tribes, State and local governments, 
and the public have the opportunity to help DOE identify significant 
resources and issues, reasonable alternatives, mitigation measures, and 
other pertinent information that DOE should consider in the EIS. DOE 
will hold public scoping meetings at the times and dates described 
above under the DATES section. The public will have the opportunity to 
present comments on the scope of the EIS. DOE representatives will be 
available to answer questions and provide additional information to 
meeting attendees. In addition to providing comments at the public 
scoping meetings, stakeholders may submit written comments as described 
in the ADDRESSES section.
    Comments may be broad in nature or restricted to specific areas of 
concern, but they should be directly relevant to the NEPA process or 
potential environmental impacts. The scoping process allows the public 
and interested parties to shape the EIS impact analysis, focusing on 
the areas of greatest importance and identifying areas requiring less 
attention. DOE will consider the comments received on the scope of the 
EIS during the 45-day scoping period as it prepares the draft EIS.
    OCED does not consider anonymous scoping comments. Please include 
your name and address as part of your scoping comment. All scoping 
comments, including the names, addresses, and other personally 
identifiable information included in the comment, will be part of the 
administrative record. DOE will protect privileged or confidential 
information that you submit when required by Exemption 4 of the Freedom 
of Information Act (FOIA), which applies to trade secrets and 
commercial or financial information that is privileged or confidential. 
Please label privileged or confidential information ``Contains 
Confidential Information'' and consider submitting such information as 
a separate attachment. Information that is not labeled as privileged or 
confidential may be regarded by DOE as suitable for public release.

NEPA Cooperating Agencies

    The CEQ NEPA regulations specify that cooperating agencies and 
governments are those with ``jurisdiction by law or special 
expertise.'' DOE has invited the U.S. Army Corps of Engineers--
Vicksburg District, U.S. Army Corps of Engineers--New Orleans District, 
and the U.S. Department of Agriculture to participate in the NEPA 
process as cooperating agencies. The U.S. Department of Agriculture and 
the USACE--Vicksburg District (the lead Regulatory USACE district) have 
accepted DOE's invitation to become cooperating agencies.
    DOE will provide cooperating agencies with a written summary of 
expectations for cooperating agencies, including schedules, milestones, 
responsibilities, scope and detail of cooperating agencies' expected 
contributions, and availability of pre-decisional information.
    Governmental entities that are not cooperating agencies will have 
opportunities to provide information and comments to DOE during the 
public input stages of the NEPA process.

Request for Comment on Alternatives and Effects, as Well as on Relevant 
Information, Studies, or Analyses With Respect to the Proposed Action

    DOE requests data, comments, views, information, analysis, 
alternatives, or suggestions relevant to the proposed action from the 
public; affected Federal, Tribal, State, and local governments, 
agencies, and offices; the scientific community; industry; or any other 
interested party. Specifically, DOE requests information on the 
following topics:
    1. Potential effects that the proposed action could have on 
biological, physical, socioeconomic, cultural, or other resources.
    2. Other potential reasonable alternatives to the proposed action 
that DOE should consider, including additional or alternative 
avoidance, minimization, and mitigation measures.
    3. Information on other current or planned activities in, or in the 
vicinity of, the proposed action, that could impact one another or 
contribute to cumulative impacts.
    4. Other information, studies, or analyses relevant to the proposed 
action and its impacts on the human environment.
    To promote informed decision-making, comments should be as specific 
as possible and should provide as much detail as necessary to 
meaningfully and fully inform DOE of why the issues raised are 
important to the agency's review of the proposed action.

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    The draft EIS will include as an appendix, a summary of issues 
raised during public scoping that DOE considered in preparing the EIS 
and comments outside the scope of the analysis.

Signing Authority

    This document of the Department of Energy was signed on October 24, 
2024, by Kelly Cummins, Acting Director, Office of Clean Energy 
Demonstrations, pursuant to delegated authority from the Secretary of 
Energy. That document with the original signature and date is 
maintained by DOE. For administrative purposes only, and in compliance 
with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on October 29, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-25499 Filed 10-31-24; 8:45 am]
BILLING CODE 6450-01-P