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2 May 2008
[Federal Register: May 2, 2008 (Volume 73, Number 86)]
[Notices]
[Page 24276-24279]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my08-75]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP07-62-000; CP07-63-000; CP07-64-000; CP07-65-000]
AES Sparrows Point LNG, LLC; Mid-Atlantic Express, L.L.C; COE
Application No. CENAB-OP-RMN (2007-01644-M16); Notice of Availability
of the Draft Environmental Impact Statement for the Proposed Sparrows
Point LNG Terminal and Pipeline Project
April 25, 2008.
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) in cooperation with the U.S. Army Corps of Engineers (COE),
the U.S. Coast Guard, (Coast Guard), and the U.S. Environmental
Protection Agency (EPA) has prepared a draft Environmental Impact
Statement (EIS) for a liquefied natural gas (LNG) import terminal
expansion and natural gas pipeline facilities proposed by AES Sparrows
Point LNG, LLC and Mid-Atlantic Express, L.L.C. (collectively referred
to as AES) in the above-referenced dockets. The draft EIS was prepared
to satisfy the requirements of the National Environmental Policy Act
(NEPA). The FERC staff concludes that approval of the proposed project
with appropriate mitigating measures, as recommended, would have mostly
limited adverse environmental impact.
This is a joint public notice by the FERC and COE to advertise:
The availability of the draft EIS;
The scheduling of the joint FERC public meetings/COE
public hearings on June 9, 11, and 12, 2008; and
The submission of a Department of the Army permit
application CENAB-OP-RMN (AES Sparrows Point LNG & Mid-Atlantic Express
LLC/Dredging & Pipeline) 2007-01644-M16.
AES proposes to construct and operate an LNG import terminal in an
industrial port setting on Sparrows
[[Page 24277]]
Point, in Baltimore County, Maryland. The LNG terminal would consist of
facilities capable of unloading LNG ships, storing up to 480,000 cubic
meters (m3) of LNG (10.2 billion cubic feet of natural gas
equivalent), vaporizing the LNG, and sending out natural gas at a
baseload rate of 1.5 billion cubic feet per day (Bcfd). The maximum
potential gas sendout capacity without expansion is 1.595 Bcfd. Mid-
Atlantic Express proposes to interconnect the LNG facilities with three
existing interstate natural gas pipelines by construction of a single,
approximate 88 mile pipeline north, to the vicinity of Eagle,
Pennsylvania.
The draft EIS addresses the potential environmental effects of the
construction and operation of the following LNG terminal and natural
gas (steel) pipeline facilities.
A ship unloading facility, with two berths, capable of
receiving LNG ships with capacities up to 217,000 m3;
Three 160,000 m3 (net capacity) full-
containment LNG storage tank, comprised of 9 percent nickel inner tank,
pre-stressed concrete outer tank, and a concrete roof;
A closed-loop shell and tube heat exchanger vaporization
system;
Various ancillary facilities including administrative
offices, warehouse, main control room, security building, and a
platform control room;
Meter and regulation station within the LNG Terminal site;
Dredging an approximate 118 acre area in the Patapsco
River to -45 feet below mean lower low water to accommodate the LNG
vessels; and
Approximately 88 miles of 30-inch-diameter natural gas
pipeline (steel) (approximately 48 miles in Maryland and 40 miles in
Pennsylvania), a pig launcher and receiver facility at the beginning
and ending of the pipeline, 9 mainline valves, and three meter and
regulation stations, one at each of three interconnection sites at the
end of the pipeline.
COE Permitting Requirements
AES Sparrows Point LNG, LLC and Mid-Atlantic Express, L.L.C. have
applied, concurrently, to the COE for a Department of the Army
Individual permit pursuant to Section 404 of the Clean Water Act (CWA)
(33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899
(33 U.S.C. 403) for proposed dredging and structures in and under
navigable waters of the United States and the discharge of dredged,
excavated, and/or fill material into waters of the United States,
including jurisdictional wetlands, to construct the preferred
alternative identified in the draft EIS. The decision whether to issue
the permits will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed project on the public
interest. The project would result in permanent and temporary impacts
to approximately 19.43 acres of wetlands (including the permanent
conversion of approximately 4.5 acres of forested wetlands to emergent
or scrub/shrub wetlands), and 14,002 linear feet (4.07 acres) of
streams. See Table 4.4.2-1 and Appendix I in the draft EIS for each
stream/wetland crossing location, description, and impact. In addition,
the applicant is proposing to dredge approximately 3.7 million cubic
yards of sediment from an approximate 118 acre area in the Patapsco
River to -45 feet below mean lower low water, and dispose of the dredge
material by beneficial reuse (e.g., abandoned mine reclamation,
landfill capping), or disposal in a landfill. The applicant has not
submitted an aquatic resources compensatory mitigation plan to the COE;
however, it is anticipated that a compensatory mitigation plan will be
included in the final EIS.
The decision will reflect the national concern for the protection
and utilization of important resources. The benefits, which would be
reasonably expected to accrue from the proposed project, must be
balanced against its reasonably foreseeable detriments. All factors,
which may be relevant to the proposed work, will be considered,
including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards, floodplain
values, land use, navigation, shore erosion and accretion, recreation,
water supply and conservation, water quality, energy needs, safety,
food and fiber production, consideration of property ownership, and in
general, the needs and welfare of the people.
The COE is soliciting comments from the public; federal, state, and
local agencies and officials; Indian tribes; and other interested
parties in order to consider and evaluate the impacts of the proposed
project. Any comments received will be considered by the COE to
determine whether to issue, modify, condition or deny a permit for the
proposal. To make this decision, the COE uses comments received to
access impacts on endangered species, historic properties, water
quality, general environmental effects, and the other public interest
factors listed above.
The evaluation of the impact of the work described above on the
public interest will also include application, by the COE, of the
Guidelines [section 404(b)(1)] promulgated by the Administrator, EPA,
under authority of section 404 of the CWA.
For COE permitting purposes, the applicant is required to obtain a
Water Quality Certification in accordance with Section 401 of the CWA
from the Maryland Department of the Environment (MDE) and the
Pennsylvania Department of Environmental Protection (PDEP). The COE
hereby requests that MDE and PDEP review the proposed discharges for
compliance with the applicable water quality standards. The Section 401
certifying agencies have a statutory limit of one year in which to make
their decisions. Additionally, for COE permitting purposes, the
applicant is required to obtain Coastal Zone Management Consistency
concurrence from the MDE, as well. It should be noted that the MDE has
a statutory limit of 6 months in which to make its consistency
determination.
Joint FERC Public Meetings/COE Public Hearings are held to provide
interested individuals with the opportunity to present information
about the effects of the project, including its social, economic and
environmental effects. These meetings/hearings provide the opportunity
for interested parties to present views, opinions, and information that
will be considered by the FERC and the COE in evaluating the proposed
project.
Coast Guard Permitting Requirements
The Coast Guard within the U.S. Department of Homeland Security is
also participating as a cooperating agency in the preparation of the
EIS because it exercises regulatory authority over LNG facilities that
affect the safety and security of port areas and navigable waterways
under Executive Order 10173; the Magnuson Act (50 U.S.C. 191); the
Ports and Waterways Safety Act of 1972, as amended (33 U.S.C. 1221, et.
seq.); and the Maritime Transportation Security Act of 2002 (46 U.S.C.
701). The Coast Guard also has authority for LNG facility plan review,
approval and compliance verification as provided in Title 33 Code of
Federal Regulations (CFR) Part 105, and siting as it pertains to the
management of vessel traffic in and around the LNG facility. As
required by its regulations, the Coast Guard is responsible for issuing
a Letter of Recommendation (LOR) as to the suitability of the waterway
for LNG marine traffic. The Coast Guard plans to adopt the EIS if it
adequately covers the impacts associated with issuance of the LOR.
[[Page 24278]]
Comment Procedures and FERC Public Meetings/COE Public Hearings
Any person wishing to comment on the draft EIS may do so. To ensure
consideration prior to a Commission decision on the proposal, it is
important that we receive your comments before the date specified
below. Please carefully follow these instructions to ensure that your
comments are received and properly recorded:
Send an original and two copies of your comments to:
Kimberly D. Bose, Federal Energy Regulatory Commission, 888 First
Street, NE., Room 1A, Washington, DC 20426.
Reference Docket Nos. CP07-62-000, CP07-63-000, CP07-64-
000, and CP07-65-000.
Label one copy of the comments for the attention of Gas
Branch 2.
Mail your comments so that they will be received in
Washington, DC on or before June 16, 2008.
The Commission strongly encourages electronic filing of any
comments or interventions to this proceeding. See 18 CFR 385.2001
(a)(1)(iii) and the instructions on the Commission's Web site at http:/
/www.ferc.gov under the link to ``Documents and Filings'' and
``eFiling.'' eFiling is a file attachment process and requires that you
prepare your submission in the same manner as you would if filing on
paper, and save it to a file on your hard drive. New eFiling users must
first create an account by clicking on ``Sign up'' or ``eRegister.''
You will be asked to select the type of filing you are making. This
filing is considered a ``Comment on Filing.'' In addition, there is a
``Quick Comment'' option available, which is an easy method for
interested persons to submit text only comments on a project. The
Quick-Comment User Guide can be viewed at http://www.ferc.gov/docs-
filing/efiling/quick-comment-guide.pdf. Quick Comment does not require
a FERC eRegistration account; however, you will be asked to provide a
valid email address. All comments submitted under either eFiling or the
Quick Comment option are placed in the public record for the specified
docket or project number(s).
The COE public hearings provide members of the public the
opportunity to present views, opinions, and information which will be
considered by the COE in evaluating the Department of the Army permit.
All comments received will become part of the formal project record.
Copies of any written statements expressing concern for aquatic
resources may be submitted to:
Mr. Joseph P. DaVia, U.S. Army Corps of Engineers,
Baltimore District, Attention: CENAB-OP-RMN, P.O. Box 1715, Baltimore,
Maryland 21203-1715.
The COE public hearing comment period closes on June 26, 2008.
In addition to or in lieu of sending written comments, we invite
you to attend one of the FERC public meetings/COE public hearings we
have scheduled at 7 p.m. (EDT) as follows:
Monday, June 9, 2008, Patapsco High School auditorium, 8100 Wise
Avenue, Baltimore, MD, 410-887-7060.
Wednesday, June 11, 2008, East Brandywine Fire Hall, 2096 Bondsville
Road, Downingtown, PA, (610) 269-1817.
Thursday, June 12, 2008, Richlin Ballroom, 1700 Van Bibber Rd.,
Edgewood, MD, (410) 671-7500.
Interested groups and individuals are encouraged to attend and
present oral comments on the draft EIS. Transcripts of the meetings
will be prepared.
After these comments are reviewed, any significant new issues are
investigated, and modifications are made to the draft EIS, a final EIS
will be published and distributed by the staff. The final EIS will
contain the staff's responses to timely comments received on the draft
EIS.
Comments will be considered by the Commission but will not serve to
make the commenter a party to the proceeding. Any person seeking to
become a party to the proceeding must file a motion to intervene
pursuant to Rule 214 of the Commission's Rules of Practice and
Procedures (18 CFR 385.214). Anyone may intervene on this proceeding
based on this draft EIS. You must file your request to intervene as
specified above.\1\ You do not need intervenor status to have your
comments considered.
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\1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
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The draft EIS has been placed in the public files of the FERC and
is available for distribution and public inspection at: Federal Energy
Regulatory Commission, Public Reference Room, 888 First Street, NE.,
Room 2A, Washington, DC 20426, (202) 208-1371.
The draft EIS is also available for review and inspection (not for
distribution) at the locations listed below:
Chester County Library, 450 Exton Square Parkway, Exton, PA 19341.
Harford County Public Library, Bel Air Branch, 100 E. Pennsylvania
Ave., Bel Air, MD 21014.
North Point Library, 1716 Merritt Boulevard, Baltimore, MD 21222.
U.S. Army Corps of Engineers, Baltimore District, Regulatory Branch,
City Crescent Building, 10 South Howard Street, Baltimore, MD 21201,
(410) 962-3670.
U.S. Army Corps of Engineers, Philadelphia District, Regulatory Branch,
John Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107,
(215) 656-6836.
Hard-copies of the draft EIS have been mailed to federal, state,
and local agencies; public interest groups; individuals and affected
landowners who requested a copy of the draft EIS or provided comments
during scoping; libraries; newspapers; and parties to this proceeding.
In the alternate, those persons or organizations who were identified as
potential stakeholders on this environmental mailing list are receiving
an Executive Summary document and a full version of the draft EIS on
CD-ROM. A limited number of documents and CD-ROMs are available from
the Public Reference Room identified above. In addition, hard-copies of
the document are also available for reading at public libraries along
the proposed project route, listed above.
To reduce printing and mailing costs, the final EIS will be issued
in both CD-ROM and hard-copy formats. In a separate mailing, the
parties on the current mailing list for the draft EIS will be sent a
postcard providing an opportunity for them to select which format of
the final EIS they wish to receive. The FERC strongly encourages the
use of the CD-ROM format in its publication of large documents. If you
wish to receive a paper copy of the final EIS instead of CD-ROM, you
must return the postcard indicating that choice.
Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits (i.e., CP07-62) in the
Docket Number field. Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
FERCOnlineSupport@ferc.gov or toll free at 1-866-208-3676, or for TTY,
contact (202) 502-8659. The eLibrary link on the FERC Internet Web site
also provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rulemakings.
In addition, the Commission now offers a free service called
eSubscription
[[Page 24279]]
which allows you to keep track of all formal issuances and submittals
in specific dockets. This can reduce the amount of time you spend
researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to the eSubscription link on the FERC Internet Web
site.
It is requested that you communicate the foregoing information
concerning the proposed work to any persons known by you to be
interested and not being known to this office, who did not receive a
copy of this notice.
Kimberly D. Bose,
Secretary.
[FR Doc. E8-9774 Filed 5-1-08; 8:45 am]
BILLING CODE 6717-01-P