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[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Notices]
[Pages 8831-8834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03331]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-113-000]

Alliance Pipeline, L.P.; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Three Rivers 
Interconnection 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 impacts of the Three Rivers 
Interconnection Project (Project) involving construction and operation 
of facilities by Alliance Pipeline, L.P. (Alliance) in Grundy County, 
Illinois. The Commission will use this 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 September 20, 2021 in Docket No. 
CP21-113-000, the Commission opened a scoping period to solicit 
comments. Commission staff intends to prepare an EIS that will address 
the concerns raised during the 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 March 14, 2022. 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.
    As mentioned above, the Commission opened a scoping period which 
expired on October 19, 2021; however, Commission staff continued to 
accept comments after the comment period closed. All substantive 
comments provided will be addressed in the EIS. Therefore, if you 
submitted comments on this Project to the Commission during the 
previous scoping period, 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

[[Page 8832]]

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.
    Alliance 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 (CP21-
113-000) 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, Maryland 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, the Project Purpose and Need, and 
Expected Impacts

    Alliance proposes to construct and operate about 2.9 miles of 20-
inch-diameter natural gas transmission pipeline and associated 
facilities. This pipeline would connect Alliance's existing interstate 
natural gas transmission system with the CPV Three Rivers Energy 
Center; and as proposed, would transport up to 210 million standard 
cubic feet per day of natural gas. According to Alliance, the project 
is necessary to provide the CPV Three Rivers Energy Center with access 
to a natural gas supply source. The general location of the Project 
facilities is shown in appendix 1.\1\
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    \1\ 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. At 
this time, the Commission has suspended access to the Commission's 
Public Reference Room due to the proclamation declaring a National 
Emergency concerning the Novel Coronavirus Disease (COVID-19), 
issued by the President on March 13, 2020. For assistance, contact 
FERC at [email protected] or call toll free, (886) 208-3676 
or TTY (202) 502-8659.
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    Based on the environmental information provided by Alliance, 
construction of the proposed facilities would disturb about 42.8 acres 
of land. Following construction, Alliance would maintain about 17.7 
acres of land to operate the Project facilities; the remaining acreage 
would be restored.
    Based on a review of Alliance's proposal and public comments 
received during scoping, Commission staff has identified several 
expected impacts that deserve attention in the EIS. The proposed 
pipeline would cross the Illinois River via a horizontal directional 
drill and would impact wetlands and agricultural lands. The Project 
would result in impacts on noise and air quality; and would ultimately 
result in the emission of greenhouse gases. The proposed pipeline would 
also be located in an area considered to be an environmental justice 
community. Lastly, the proposed pipeline would be located in the 
vicinity of a facility regulated by the Nuclear Regulatory Commission, 
which could require the completion of a safety analysis.

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;
 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. 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 
\2\ 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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    \2\ 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.\3\ Alternatives currently under consideration include 
the no-action alternative, meaning the Project is not implemented; 
system alternatives, and pipeline route alternatives.
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    \3\ 40 CFR 1508.1(z).
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    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.

[[Page 8833]]

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 September 20, 2021 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.\4\ 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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    \4\ 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 April 12, 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 June 
2022.

Issuance of Notice of Availability of the final EIS--September 16, 2022
90-day Federal Authorization Decision Deadline \5\--December 15, 2022
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    \5\ 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 the event that a safety analysis is required, additional time 
may be necessary to consider the results of that analysis. 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.

            Table of Federal and Federally Delegated Permits
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                 Permit                               Agency
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Certificate of Public Convenience and    FERC.
 Necessity.
Clean Water Act Section 404............  U.S. Army Corps of Engineers.
Rivers and Harbors Act Section 10......  U.S. Army Corps of Engineers.
Clean Water Act Section 408............  U.S. Army Corps of Engineers.
Endangered Species Act Consultation....  U.S. Fish and Wildlife Service.
Clean Water Act Section 401............  Illinois Environmental
                                          Protection Agency.
National Historic Preservation Act       Illinois Preservation Services.
 Section 106.
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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 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 CP21-113-000 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., 
CP21-113-000). 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.

[[Page 8834]]

    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: February 10, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-03331 Filed 2-15-22; 8:45 am]
BILLING CODE 6717-01-P
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