[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Notices]
[Pages 77126-77128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21474]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-116-000]


Notice of Intent To Prepare a Supplemental Environmental Impact 
Statement for the Proposed Texas LNG Brownsville LLC Texas LNG 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 a supplemental environmental impact statement 
(supplemental EIS) for the Texas LNG Project, proposed by Texas LNG 
Brownsville LLC (Texas LNG) in Cameron County, Texas.\1\ On August 6, 
2024, the U.S. Court of Appeals for the District of Columbia Circuit 
issued an opinion vacating and remanding the Commission's November 22, 
2019 Order Granting Authorization under Section 3 of the Natural Gas 
Act and its April 21, 2023 Order on Remand that approved the liquefied 
natural gas (LNG) terminal.\2\ On remand, the Commission will consider 
whether to grant a Natural Gas Act (NGA) section 3(a) authorization for 
the Texas LNG Project. The schedule for preparation of the supplemental 
EIS is discussed in the Schedule for Environmental Review section of 
this notice.
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    \1\ In accordance with the Council on Environmental Quality's 
regulations, the unique identification number for documents relating 
to this environmental review is SEIS-019-20-000-1726224938. 40 CFR 
1502.4(e)(10) (2024).
    \2\ City of Port Isabel v. FERC, 111 F.4th 1198 (D.C. Cir. 
2024).
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    The Commission must determine whether to authorize the project 
under the NGA, taking into consideration the factors discussed in the 
court's decision. The supplemental EIS will tier off Commission staff's 
analysis and conclusions as documented in staff's March 15, 2019 final 
EIS for the project. The focus of the supplemental EIS will be the 
issues identified by the court as requiring further analyses (i.e., 
environmental justice impacts and air quality). The Commission will use 
this supplemental EIS in its decision-making process to determine 
whether to authorize the Texas LNG Project in light of the court's 
vacatur and remand.
    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 from 
its action whenever it considers the issuance of an authorization. This 
notice announces the opening of the scoping process the Commission will 
use to gather input from the public and interested agencies regarding 
the issues that will be analyzed in the supplemental EIS. Additional 
information about the Commission's NEPA process is described below in 
the NEPA Process and the Supplemental EIS section of this notice.
    By this notice, the Commission requests public comments on the 
scope of issues to address in the supplemental EIS. 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 15, 2024. Comments may be submitted 
in written form. Further details on how to submit comments are provided 
in the Public Participation section of this notice.

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 
<a href="/cdn-cgi/l/email-protection#0e486b7c6d41606267606b5d7b7e7e617c7a4e686b7c6d20696178"><span class="__cf_email__" data-cfemail="5c1a392e3f1332303532390f292c2c332e281c3a392e3f723b332a">[email protected]</span></a>. 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 also 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 (CP16-
116-00) on your letter. Submissions sent via the U.S. Postal Service 
must be addressed to: Debbie-Anne Reese, Acting Secretary, Federal 
Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, 
DC 20426. Submissions sent via any other carrier

[[Page 77127]]

must be addressed to: Debbie-Anne Reese, Acting 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.
    The Commission's Office of Public Participation (OPP) supports 
meaningful public engagement and participation in Commission 
proceedings. OPP can help members of the public, including landowners, 
environmental justice communities, Tribal members, and others access 
publicly available information and navigate Commission processes. For 
public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, the public is 
encouraged to contact OPP at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#cb849b9b8badaeb9a8e5aca4bd"><span class="__cf_email__" data-cfemail="5c130c0c1c3a392e3f723b332a">[email protected]</span></a>.

Summary of the Proposed Project

    Texas LNG's stated purpose of the project is to site, construct, 
and operate an LNG export terminal on the Brownsville Ship Channel in 
Cameron County, Texas to convert domestically produced natural gas to 
LNG for storage and export. Texas LNG states that it intends to produce 
up to 4 million tons per annum (MTPA) of LNG for export.
    The Texas LNG Project would consist of two natural gas liquefaction 
trains, each with a nominal capacity of 2.0 MTPA; two LNG storage 
tanks; a single LNG carrier berth; mooring and loading facilities; and 
other appurtenant facilities. The general location of the project 
facilities is shown in appendix 1.\3\
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    \3\ 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.'' For instructions on 
connecting to eLibrary, refer to the last page of this notice. For 
assistance, contact FERC at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="e8aeadbaaba7868481868dbb9d9898879a9ca88e8d9a8bc68f879e">[email protected]</a> or call toll 
free, (886) 208-3676 or TTY (202) 502-8659.
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    Based on the environmental analysis in the March 15, 2019 final 
EIS, construction and installation of facilities for the project would 
require temporary disturbance of about 311.5 acres of land. Following 
construction, the LNG terminal site would encompass about 282 acres. 
The remaining 29.5 acres would return to pre-construction conditions 
and uses.

The NEPA Process and the Supplemental EIS

    In order to address the court's August 6, 2024 remand, Commission 
staff will supplement the analysis from the 2019 final EIS. As noted 
above, the focus of the supplemental EIS will be the issues identified 
by the court as requiring further analysis. Specifically, the 
supplemental EIS will include: (1) an updated analysis of the 
environmental justice impacts associated with the construction and 
operation of the Texas LNG Project; and (2) a revised analysis of air 
quality impacts resulting from construction and operational emissions.
    Commission staff will also make recommendations on how to lessen or 
avoid the impacts analyzed in the supplemental EIS. Your comments will 
help Commission staff focus its analysis on the issues that may have a 
significant effect on the human environment.
    The supplemental EIS will present Commission staff's independent 
analysis of the issues. Staff will prepare a draft supplemental EIS 
which will be issued for public comment. Commission staff will consider 
all timely comments received during the comment period on the draft 
supplemental EIS and revise the document, as necessary, before issuing 
a final supplemental EIS. Any draft and final supplemental 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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    \4\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
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Alternatives Under Consideration

    This supplemental 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.
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    \5\ 40 CFR 1508.1(hh) (2024).
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    With this notice, the Commission requests specific comments 
regarding any additional potential alternatives to the proposed action. 
Please focus your comments on reasonable alternatives (including 
alternative facility sites not previously analyzed) that meet the 
project objectives, are technically and economically feasible, and 
avoid or lessen environmental impact.

Schedule for Environmental Review

    This notice identifies the Commission staff's planned schedule for 
completion of the final supplemental EIS for the project, which is 
based on an issuance of the draft supplemental EIS in March 2025, 
opening a 45-day comment period.

Issuance of Notice of Availability of the final supplemental EIS--July 
31, 2025
90-day Federal Authorization Decision Deadline \6\--October 29, 2025
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    \6\ 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.

    In accordance with the Council on Environmental Quality's 
regulations, for EISs, agencies are to make schedules for completing 
the NEPA process publicly available.\7\ This notice identifies the 
Commission's anticipated schedule for issuance of the final order for 
the project, which serves as the Commission's record of decision. We 
currently anticipate issuing a final order for the project no later 
than:
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    \7\ 40 CFR 1501.10(h) (2024).

Issuance of Final Order--November 20, 2025
    If a schedule change becomes necessary, an additional notice will 
be provided so that the relevant agencies are kept informed of the 
project's progress.

Environmental Mailing List

    This notice is being sent to the Commission's current environmental 
mailing list for the project which includes: federal, state, and local 
government representatives and agencies; Native American Tribes; 
elected officials; environmental and public interest groups; other 
interested parties. 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 project.

[[Page 77128]]

    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 <a href="/cdn-cgi/l/email-protection#5512342605273a3f30362114313127302626163d343b323015333027367b323a23"><span class="__cf_email__" data-cfemail="5512342605273a3f30362114313127302626163d343b323015333027367b323a23">[email protected]</span></a> stating your 
request. You must include the docket number CP16-116-000 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., 
CP16-116). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#5d1b382f3e1233313433380e282d2d322f291d3b382f3e733a322b"><span class="__cf_email__" data-cfemail="3b7d5e495874555752555e684e4b4b54494f7b5d5e4958155c544d">[email protected]</span></a> 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.
    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 13, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-21474 Filed 9-19-24; 8:45 am]
BILLING CODE 6717-01-P


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