[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Notices]
[Pages 60981-60984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24567]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP12-495-000]
Kinder Morgan Interstate Gas Transmission L.L.C.; Notice of
Intent To Prepare an Environmental Assessment for the Proposed Pony
Express Pipeline Conversion Project and Request for Comments on
Environmental Issues
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Pony Express Pipeline
Conversion Project involving conversion of facilities from natural gas
to oil and construction and operation of new facilities by Kinder
Morgan Interstate Gas Transmission L.L.C. (KMIGT) in various counties
in Wyoming, Kansas, Colorado and Nebraska. The Commission will use this
EA in its decision-making process to determine whether the project is
in the public convenience and necessity.
This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. Please note that
the scoping period will close on October 29, 2012.
This notice is being sent to the Commission's current environmental
mailing list for this 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 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 facilities for the new segments of
natural gas pipeline proposed in this project. The company would seek
to negotiate a mutually acceptable agreement. However, if the
Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
KMIGT 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?''. This fact sheet addresses a number of typically-asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC Web site (www.ferc.gov).
Summary of the Proposed Project
KMIGT proposes to: (1) Abandon certain natural gas pipeline
facilities and the natural gas service therefrom by transfer to an
affiliate, Kinder Morgan Pony Express Pipeline LLC (KMPXP), for the
purpose of converting the facilities to oil transportation facilities;
and (2) construct and operate certain replacement type facilities
necessary to continue service to existing natural gas firm
transportation customers following the proposed conversion. KMIGT also
is seeking authorization to construct
[[Page 60982]]
certain new compression, pipeline segments and interconnects and has
agreed to enter into transportation arrangements with Southern Star
Central Gas Pipeline, Inc. (SSC), Trailblazer Pipeline Company, LLC
(Trailblazer), Wyoming Interstate Company, Ltd. (WIC) and Natural Gas
Pipeline Company of America LLC (NGPL) in order to maintain service for
the long-term customer needs of approximately 104,000 dekatherms per
day (Dth/day).
Facilities
KMIGT requests Natural Gas Act, Section 7(b) authorization to
abandon in place approximately 432.4 miles of the existing Pony Express
Pipeline (consisting of 139.1 miles of 20-inch-diamter pipeline, 244.5
miles of 22-inch-diameter pipeline and 48.8 miles of 24-inch-inch-
diameter pipeline), with appurtenances, commencing at the discharge
side of the Guernsey Compressor Station located in Platte County,
Wyoming and terminating at the NGPL Interconnect located in Lincoln
County, Kansas.
The facilities listed in Table 1 would be abandoned under Section
7(b) of the regulations. Note, numerous additional ancillary facilities
and interconnects would also be abandoned.
Table 1
------------------------------------------------------------------------
Location (county,
Name of facility State) Proposed work
------------------------------------------------------------------------
Pony Express Pipeline (PXP). Wyoming, Nebraska, Abandon 432.4 miles
Colorado, Kansas. existing 20-, 22-,
and 24-inch
diameter pipeline.
Sterling Station............ Logan County, Abandon PXP Sterling
Colorado. Compressor Station.
Omimex Bledsoe Tap/Receipt Yuma County, Abandon 1 valve/tap/
Meter. Colorado. receipt site.
Omimex Ferguson Receipt Tap/ Phillips County, Abandon 1 valve/tap/
Meter. Colorado. receipt site.
Noble Energy Tap/Receipt Kimball County, Abandon 1 valve/tap/
Meter. Nebraska. receipt site.
NGPL Delivery Meters........ Lincoln County, Change delivery to
Kansas. receipt meters
(reverse meter).
Herndon Station............. Rawlins County, Abandon Herndon
Kansas. Compressor Station.
Laton Station............... Osborne County, Abandon Laton
Kansas. Compressor Station.
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The facilities listed in Table 2 are proposed to be constructed
under Section 7(c) of the regulations. Note, numerous additional
ancillary facilities and modifications would also be constructed.
Table 2
------------------------------------------------------------------------
Location (county,
Name of facility State) Proposed work
------------------------------------------------------------------------
Glenrock Station............ Converse County, Install one
Wyoming. additional 500 HP
electric compressor
unit to existing
Glenrock Compressor
Station (powered by
electric motors).
WIC interconnect............ Converse County, Modify WIC delivery
Wyoming. meter by adding
additional meter
run.
Yuma Station................ Yuma County, Install one
Colorado. additional 350 HP
JGR/2 compressor
unit to former Yuma
Compressor Station
site (powered by
electric motor).
Sterling Ethanol Lateral.... Logan County, Construct 3 miles of
Colorado. new 4-inch natural
gas pipeline
lateral.
Yuma Station SSC Delivery Yuma County, Construct new
Meter. Colorado. delivery meter
station at former
Yuma Compressor
Station site.
Rockport Station Weld County, Construct new SSC
Interconnect. Colorado. receipt point at
the existing
Rockport Compressor
Station.
Rockport-Trailblazer Weld County, Install
Interconnect Lateral. Colorado. approximately 150
feet
interconnection
pipe from Rockport
discharge to
interconnect with
Trailblazer (TPC).
Adams Interconnect.......... Adams County, Expand interconnect
Nebraska. with Trailblazer
(TPC).
Trenton Ethanol Lateral..... Hitchcock County, Construct 22 miles
Nebraska and of new 4-inch
Rawlins County, natural gas
Kansas. pipeline lateral.
NGPL Recipt Meters.......... Lincoln County, Change delivery to
Kansas. receipt meters
(reverse meter).
NNG Delivery Meter.......... Ottawa County, Change to
Kansas. bidirectional
meter.
Tescott Compressor Station.. Ottawa County, Construct new
Kansas. Compressor Station
and related tie-in
piping gas driven
up to 14,200 HP (4
units at 3,550 HP
each).
Tescott Compressor Station Ottawa County, Install
to NNG Delivery (Tescott Kansas. approximately 1
Interconnection Line). mile of 12-inch
pipe from Tescott
Compressor Station
to NNG parallel to
PXP.
------------------------------------------------------------------------
KMIGT would abandon certain auxiliary facilities that were
previously constructed under the authority of Section 2.55(a) of the
Commission's Regulations, and construct additional auxiliary facilities
pursuant to Section 2.55(a) as well.
[[Page 60983]]
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 appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
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Non-Jurisdictional Facilities
KMPXP is planning to convert/construct the following non-
jurisdictional facilities:
Convert the 432 miles of pipeline abandoned by KMIGT to
transport oil;
Construct the 260-mile pipeline (Cushing Lateral) from
Lincoln County, Kansas to Cushing, Oklahoma;
Construct 4 to 11 pump stations along the existing Pony
Express Pipeline (PXP); and
Replace certain short pipe segments (spans, exposed stream
crossings, etc.).
In addition, the planned crude oil pipeline would include
approximately 35 new horizontal directional drill crossings at
sensitive locations along the PXP. KMPXP plans to file applications
with appropriate U.S. Army Corps of Engineers (USACE) districts by the
end of 2012 for the proposed crude oil pipeline. Under Section 404 of
the Clean Water Act, a permit would be required for activities such as
crossing an intermittent or perennial stream or wetland with a pipeline
or access road or placing temporary diversion structures in a waterway.
As required, KMPXP would prepare a Section 404 pre-construction
notification (PCN) for Colorado, Kansas, and Oklahoma for submittal to
the USACE. The PCNs would also include documentation of coordination
for Endangered Species Act compliance and Section 106 compliance. In
addition, potential State permits are listed below that may be required
from the State Engineer's Office, Water Quality Division, or Air
Quality Division:
401 Water Quality Certification application;
Stormwater Notice of Intent;
Hydrostatic test water intake and discharge permit
applications; and
Air Quality Construction permit applications.
These non-jurisdictional facilities are not subject to the FERC's
environmental review procedures. We have made a decision to not review
these non-jurisdictional facilities in the EA. However, the EA will
describe their location, status, and known environmental impacts, and a
list of the responsible agencies. We are specifically seeking comment
on this decision.
Land Requirements for Construction
Construction of the proposed facilities would disturb about 261.7
acres of land for the aboveground facilities and the pipeline.
Following construction, KMIGT would maintain about 110.4 acres for
permanent operation of the project's facilities including 64.3 acres
for the aboveground facilities; the remaining acreage would be restored
and revert to former uses. The proposed 22 miles of 4-inch-diameter
pipeline beginning in Rawlins County Kansas and terminating in
Hitchcock County, Nebraska would parallel and overlap the existing Pony
Express Pipeline for its entire length, and approximately 0.4 miles of
the pipeline would require new right-of-way. About 51 percent of the
proposed 3 miles of 4-inch-diameter pipeline within Logan County,
Colorado would parallel the existing PXP.
The EA Process
The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
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\2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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In the EA, we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
Geology and soils;
Land use;
Water resources, fisheries, and wetlands;
Cultural resources;
Vegetation and wildlife;
Air quality and noise;
Endangered and threatened species;
Public safety; and
Alternatives.
We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section beginning on page 7.
With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the
EA.\3\ 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.
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\3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations 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, we are using this notice to initiate consultation
with applicable State Historic Preservation Offices (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPOs as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
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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Currently Identified Environmental Issues
We have already identified several issues that we think deserve
attention
[[Page 60984]]
based on a preliminary review of the proposed facilities and the
environmental information provided by KMIGT. This preliminary list of
issues may be changed based on your comments and our analysis.
The project may impact wildlife habitat;
The project may potentially spread noxious weeds and
aquatic invasive species;
The project may affect federally endangered or threatened
species; and
The project could potentially affect cultural resources;
and
Noise impacts may occur at noise sensitive areas from
horizontal directional drilling activities and a new compressor station
addition and existing compressor station modifications.
Public Participation
You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before
October 29, 2012.
For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (CP12-495-000) with your
submission. The Commission encourages electronic filing of comments and
has expert staff available to assist you at (202) 502-8258 or
[email protected].
(1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
(2) You can file your comments electronically using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. 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 must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
(3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
Environmental Mailing List
The environmental mailing list 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. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).
Becoming an Intervenor
In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site.
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 Web site at 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 in the Docket Number field (i.e., CP12-
495). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or toll free at (866) 208-3676, or for TTY,
contact (202) 502-8659. The eLibrary link 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 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 www.ferc.gov/esubscribenow.htm.
Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.
Dated: September 28, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-24567 Filed 10-4-12; 8:45 am]
BILLING CODE 6717-01-P