[Federal Register Volume 89, Number 212 (Friday, November 1, 2024)]
[Notices]
[Pages 87360-87363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25431]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-496-000; Docket No. CP23-518-000]


NFEnerg[iacute]a LLC; Notice of Intent To Prepare an 
Environmental Impact Statement for the San Juan Micro-Fuel Handling 
Facility Project, Request for Comments on Environmental Issues, Notice 
of Public Scoping Session, 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 impacts of the San Juan Micro-Fuel 
Handling Facility Project (Project) involving operation of facilities 
by NFEnerg[iacute]a LLC (NFEnerg[iacute]a) in San Juan, Puerto Rico.\1\ 
The Commission will use this EIS in its decision-making process to 
determine whether the Project is in the public interest. The schedule 
for preparation of the 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 EISX-019-20-000-1728388200. 40 CFR 
1502.4(e)(10) (2024).
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    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies regarding the Project. 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 gathering of public input is 
referred to as ``scoping.'' The main goal of the scoping process is to 
focus the analysis in the environmental document on the important 
environmental issues. Additional information about the Commission's 
NEPA process is described below in the NEPA Process and the EIS section 
of 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 November 25, 2024. Comments may be submitted 
in written or oral form. Further details on how to submit comments are 
provided in the Public Participation section of this notice.

Public Participation

    There are four 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#21674453426e4f4d484f44725451514e535561474453420f464e57"><span class="__cf_email__" data-cfemail="377152455478595b5e595264424747584543775152455419505841">[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'';
    (3) You can file a paper copy of your comments by mailing them to 
the Commission. Be sure to reference the Project docket numbers (CP21-
496-000 and/or CP23-518-000) on your letter. Submissions sent via the 
U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, 
Secretary, Federal Energy Regulatory Commission, 888 First Street NE, 
Room 1A, Washington, DC 20426. Submissions sent via any other carrier 
must be addressed to:

[[Page 87361]]

Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 
12225 Wilkins Avenue, Rockville, Maryland 20852; or
    (4) In lieu of sending written comments, the Commission invites you 
to attend one of two public scoping sessions its staff will conduct in 
the Project area, scheduled as follows:

------------------------------------------------------------------------
               Date and time                          Location
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Monday, November 18, 2024; 11:00 a.m. to    Hyatt Place San Juan, 580
 1:00 p.m. and 4:30 p.m. to 7:30 p.m.        Fernandez Juncos Avenue,
                                             San Juan, Puerto Rico
                                             00907.
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    The primary goal of these scoping sessions is to have you identify 
the specific environmental issues and concerns that should be 
considered in the environmental document. There will not be a formal 
presentation by Commission staff when the session opens. Individual 
oral comments will be taken on a one-on-one basis with a court 
reporter. This format is designed to receive the maximum amount of oral 
comments in a convenient way during the timeframe allotted.
    The scoping sessions are scheduled from 11:00 a.m. to 1:00 p.m. and 
4:30 p.m. to 7:30 p.m. Eastern Standard Time. You may arrive at any 
time after 11:00 a.m. for the midday session and after 4:30 p.m. for 
the evening session. If you wish to provide a comment, the Commission 
staff will hand out numbers in the order of your arrival. Comments will 
be taken until 1:00 p.m. for the midday session and 7:30 p.m. for the 
evening session. Please see appendix 1 for additional information on 
the session format and conduct.\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''. 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="8ccac9decfc3e2e0e5e2e9dff9fcfce3fef8cceae9feefa2ebe3fa">[email protected]</a> or call toll 
free, (886) 208-3676 or TTY (202) 502-8659.
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    Your oral comments will be recorded by a court reporter (with FERC 
staff or representative present) and become part of the public record 
for this proceeding. Transcripts will be publicly available on FERC's 
eLibrary system (see the last page of this notice for instructions on 
using eLibrary). If a significant number of people are interested in 
providing oral comments in the one-on-one settings, a time limit of 3 
minutes may be implemented for each commentor. Although there will not 
be a formal presentation, Commission staff will be available throughout 
the scoping session to answer your questions about the environmental 
review process. FERC will have Spanish interpreters on site at the 
public scoping sessions. It is important to note that the Commission 
provides equal consideration to all comments received, whether filed in 
written form or provided orally at a scoping session.
    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 
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#b9f6e9e9f9dfdccbda97ded6cf"><span class="__cf_email__" data-cfemail="105f404050767562733e777f66">[email protected]</span></a>.

Summary of the Proposed Project, the Project Purpose and Need, and 
Expected Impacts

    NFEnerg[iacute]a proposes to continue operation of its liquefied 
natural gas (LNG) import and regasification facility (i.e., the 
Project). The Project is on approximately 6.1 paved and fenced acres of 
an industrial area at Wharves A and B of the Puerto de San Juan (``Port 
of San Juan''), Puerto Rico, which is within existing industrial uses 
in northern Puerto Rico where it can supply natural gas. To operate the 
Project, shuttle LNG vessels bring LNG into the San Juan Harbor where 
the LNG is transferred from these vessels to a non-jurisdictional 
floating storage unit vessel that is semi-permanently moored adjacent 
to the Project site. The floating storage unit vessel transfers LNG 
onshore where some LNG is loaded onto trucks for over-the-road delivery 
to end users and the remaining LNG is regasified and made available to 
Units 5 and 6 of the adjacent San Juan Power Plant using an existing 
75-foot-long, 10-inch-diameter segment of power plant piping. The 
Project has a regasification capacity of 120 million standard cubic 
feet per day (MMscfd) of natural gas and a truck loading capacity of 
87.52 MMscfd of natural gas (or approximately 1,060,000 gallons of LNG) 
per day. In addition, NFEnerg[iacute]a constructed and operates a 220-
foot-long, 10-inch-diameter pipeline at its LNG facility. 
NFEnerg[iacute]a stated that the pipeline was necessary to supply 
natural gas to the U.S. Army Corps of Engineers' emergency temporary 
generation project.\3\
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    \3\ The temporary generation project is part of the ongoing 
efforts of the Puerto Rico Grid Stabilization Task Force, a joint 
operation between the U.S. Army Corps of Engineers, Environmental 
Protection Agency, Department of Energy, and Federal Emergency 
Management Agency that is charged with restoring Puerto Rico's power 
system reliability.
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    NFEnerg[iacute]a's stated purpose of the Project is to continue 
achieving the following:
    <bullet> meeting existing demand for imported natural gas for 
delivery to Puerto Rico commercial and utility customers;
    <bullet> supporting grid stability in Puerto Rico;
    <bullet> meeting fuel supply obligations for natural gas-fired 
electric generation to maintain Puerto Rico's fuel diversity and energy 
supplies in Puerto Rico;
    <bullet> enabling electric generation that supports improvements in 
air quality in the San Juan region, reduces sulfur dioxide emissions, 
and supports Puerto Rico Electric Power Authority's efforts to achieve 
regional emissions reductions; and
    <bullet> reducing electricity rates and fuel costs for 
NFEnerg[iacute]a's customers.
    NFEnerg[iacute]a proposes to continue operating its Project at 
Wharves A and B of the Port of San Juan, Puerto Rico. The general 
location of the Project facilities is shown in appendix 2. Commission 
staff have identified several expected impacts that deserve attention 
in the EIS. These resources include air quality, noise, and safety. The 
Project impact analysis is limited to operational impacts of the 
existing facility.

The NEPA Process and the EIS

    The EIS issued by the Commission will discuss impacts that could 
occur as a result of the operation of the Project under the relevant 
general resource areas:
    <bullet> geology and soils;
    <bullet> water resources and wetlands;
    <bullet> vegetation and wildlife;
    <bullet> essential fish habitat;
    <bullet> threatened and endangered species;
    <bullet> cultural resources;
    <bullet> socioeconomics and environmental justice;
    <bullet> land use;
    <bullet> air quality and noise; and
    <bullet> 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.

[[Page 87362]]

    The EIS will present Commission staff's independent analysis of the 
issues. The U.S. Coast Guard, and the U.S. Department of 
Transportation's Pipeline and Hazardous Materials Safety Administration 
are cooperating agencies in the preparation of the EIS.\4\ 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 \5\ 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\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at title 40 Code of Federal 
Regulations (CFR), section 1501.8. (2024).
    \5\ 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.\6\ 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) that meet the Project objectives, are technically and 
economically feasible, and avoid or lessen environmental impact.
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    \6\ 40 CFR 1508.1(hh) (2024).
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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 is using this notice to initiate 
consultation with the applicable State Historic Preservation Office(s), 
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.\7\ 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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    \7\ 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 September 29, 2021, 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 the final EIS for the Project, which is based on an 
issuance of the draft EIS in May 2025, opening a 45-day comment period.

Issuance of Notice of Availability of the final EIS--November 7, 2025
90-day Federal Authorization Decision Deadline \8\--February 5, 2026
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    \8\ 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.\9\ 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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    \9\ 40 CFR 1501.10(h) (2024).

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Issuance of Final Order--February 19, 2026

    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.

Permits and Authorizations

    The table below lists the issued and 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.

------------------------------------------------------------------------
              Agency                               Permit
------------------------------------------------------------------------
Federal Energy Regulatory           Natural Gas Act Section 3 Order of
 Commission.                         Authorization.
U.S. Department of Energy.........  Order to Import under Section 3 of
                                     the Natural Gas Act.
U.S. Environmental Protection       Vessel General Permit under the
 Agency.                             Vessel Incidental Discharge Act.
United States Fish and Wildlife     Consultation under Section 7 of the
 Service.                            Endangered Species Act, the
                                     Migratory Bird Treaty Act, and the
                                     Bald and Gold Eagle Protection Act.
National Marine Fisheries Service.  Consultation under Section 7 of the
                                     Endangered Species Act.
National Marine Fisheries Service.  Magnuson-Stevens Fishery
                                     Conservation and Management Act
                                     Consultation on Essential Fish
                                     Habitat.
Puerto Rico Planning Board........  Coastal Zone Management Consistency
                                     Determination.
U.S. Coast Guard..................  Letter of Recommendation and
                                     Facility Security Plan Approval.
U.S. Department of Defense........  Consultation for Effect on Military
                                     Installation.
U.S. Army Corps of Engineers......  Clean Water Act Section 404 Permit/
                                     Section 408 Permit/Rivers and
                                     Harbors Act Section 10 Permit/
                                     Marine Protection, Research, and
                                     Sanctuaries Act, Section 103.
Department of Environmental         Clean Water Act Section 401, Water
 Quality.                            Quality Certification/NPDES
                                     Stormwater Discharge Permits/Clean
                                     Air Act, Air Permit/40 CFR 52
                                     Greenhouse Gas Tailoring Rule
                                     Permits.
Puerto Rico State Historic          Consultation under Section 106 of
 Preservation Officer.               the National Historic Preservation
                                     Act.
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[[Page 87363]]

Environmental Mailing List

    This notice is being sent to the Commission's current environmental 
mailing list for the Project which includes: Federal 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 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. Puerto Rico 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 <a href="/cdn-cgi/l/email-protection#bdfadcceedcfd2d7d8dec9fcd9d9cfd8cecefed5dcd3dad8fddbd8cfde93dad2cb"><span class="__cf_email__" data-cfemail="0146607251736e6b646275406565736472724269606f666441676473622f666e77">[email protected]</span></a> stating your 
request. You must include the docket number CP21-496-000 and/or CP23-
518-000 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 3).

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 (i.e., CP21-496-000 and/or CP23-518). Be 
sure you have selected an appropriate date range. For assistance, 
please contact FERC Online Support at <a href="/cdn-cgi/l/email-protection#13557661705c7d7f7a7d76406663637c616753757661703d747c65"><span class="__cf_email__" data-cfemail="460023342509282a2f282315333636293432062023342568212930">[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: October 25, 2024.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2024-25431 Filed 10-31-24; 8:45 am]
BILLING CODE 6717-01-P


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