[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Notices]
[Pages 36032-36034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14803]
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DEPARTMENT OF STATE
[Public Notice 7924]
Notice of Intent To Prepare a Supplemental Environmental Impact
Statement (SEIS) and To Conduct Scoping and To Initiate Consultation
Under Section 106 of the National Historic Preservation Act for the
Proposed TransCanada Keystone XL Pipeline Proposed To Extend From
Phillips, MT (the Border Crossing) to Steele City, NE
AGENCY: Department of State.
ACTION: Notice.
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SUMMARY: TransCanada Keystone Pipeline, L.P. (TransCanada) has applied
to the United States Department of State for a Presidential Permit
authorizing the construction, operation, and maintenance of facilities
at the border of the United States for the importation of crude oil
from a foreign country (Canada). Authorization is being requested in
connection with TransCanada's proposed international pipeline project
(the revised Keystone XL Project), which is designed to transport crude
oil from the Western Canadian Sedimentary Basin and the Williston Basin
to existing pipeline facilities near Steele City, Nebraska for onward
transport to markets in the Texas Gulf Coast area. The Department of
State receives and considers applications for Presidential Permits for
such energy-related pipelines pursuant to authority delegated to it by
the President under Executive Order 13337 of April 30, 2004 (69 FR
25299), as amended. To issue a Permit, the Department of State must
find that issuance would serve the national interest. In the course of
processing such applications, the Department consults extensively with
concerned Federal and State agencies, and invites public comment in
arriving at its determination.
The Department of State previously evaluated potential impacts
resulting from construction, operation, and maintenance of a longer
pipeline that would have terminated in the Port Arthur and east Houston
areas of Texas. The Final Environmental Impact Statement for that
proposed project was issued on August 26, 2011. On January 18, 2012,
the Department announced its determination that the project--as
presented and analyzed at that time--did not serve the national
interest. Archived documents can be found at www.keystonepipeline-xl.state.gov/archive/index.htm.
TransCanada has submitted a new Presidential Permit application
with a revised proposed route that extends from the Canadian border in
Phillips County, Montana to Steele City, Nebraska and avoids the Sand
Hills region of Nebraska. The Nebraska Department of Environmental
Quality has identified the Sand Hills region and is currently
evaluating the potential impacts associated with the proposed new
route(s). The Department of State has entered into a Memorandum of
Understanding with the Nebraska Department of Environmental Quality to
facilitate coordination and cooperation between the State and the
Federal government. TransCanada has indicated to the Department of
State that it has decided to proceed with construction of a pipeline
from Cushing, Oklahoma to the Gulf Coast of Texas, which had been
included as part of the Keystone XL project in the previous
application, as an independent project. Thus, TransCanada did not
include the proposed pipeline from Cushing to the Gulf Coast as part of
the project in the revised Presidential Permit application.
With respect to the application submitted by TransCanada, the
Department of State has concluded, consistent with the National
Environmental Policy Act (NEPA) of 1969, that the issuance of the new
Presidential Permit would constitute a major Federal action that may
have a significant impact upon the environment. For this reason,
Department of State intends to prepare a Supplement to the Final
Environmental Impact Statement dated August 26, 2011, to address
reasonably foreseeable impacts from the proposed
[[Page 36033]]
action and alternatives. Additionally the Department of State has
determined that it will undertake a review of the potential issuance of
the Presidential Permit consistent with Section 106 of the National
Historic Preservation Act and is consequently initiating the
appropriate consultation. Consultation will be conducted with State
Historic Preservation Officers, Indian tribes, and the Advisory Council
on Historic Preservation, and other consulting parties, as appropriate,
to determine the locations (if any) of potential sites for inclusion on
the National Register of Historic Places as well as the potential
eligibility and findings of effect for cultural resources identified
within the Keystone XL Area of Potential Effect. The purpose of this
Notice of Intent (NOI) is to inform the public about the proposed
action, announce plans for scoping opportunities, invite public
participation in the scoping process, and solicit public comments for
consideration in establishing the scope and content of the SEIS.
DATES: Department of State invites interested agencies, organizations,
and members of the public to submit comments or suggestions to assist
in identifying significant environmental issues, measures that might be
adopted to reduce environmental impacts, and in determining the
appropriate scope of the SEIS. The public scoping period starts with
the publication of this Notice in the Federal Register on June 15, 2012
and will continue until July 30, 2012. Written, electronic, and oral
comments will be given equal weight and State will consider all
comments received or postmarked by July 30, 2012 in defining the scope
of the SEIS. Comments received or postmarked after that date may be
considered to the extent practicable.
Public scoping opportunities are designed to provide opportunities
to offer comments on the proposed project. Interested individuals and
groups are encouraged to present comments on the environmental issues
they believe should be addressed in the SEIS. Again, written comments
are considered with equal weight in the process relative to those
received in the public scoping meeting.
During this public scoping period, the Department of State also
plans to use the scoping process to help identify consulting parties
and historic preservation issues for consideration under Section 106 of
the National Historic Preservation Act and its implementing regulations
(36 CFR part 800).
ADDRESSES: Written comments or suggestions on the scope of the EIS
should be addressed to: Genevieve Walker, OES/ENV Room 2657, U.S.
Department of State, Washington, DC 20520. Comments may be submitted
electronically to http://www.keystonepipeline-XL.state.gov. Public
comments will be posted on the Web site identified below.
FOR FURTHER INFORMATION CONTACT: For information on the proposed
project or to receive a copy of the draft SEIS when it is issued,
contact Genevieve Walker at the address listed in the ADDRESSES section
of this notice by electronic or regular mail as listed above, or by
telephone (202) 647-6849 or by fax at (202) 647-5947.
SUPPLEMENTARY INFORMATION:
Project Description
TransCanada proposes to construct and operate a crude oil pipeline
and related facilities from an oil supply hub near Hardisty, Alberta,
Canada to the northernmost point of the existing Keystone Pipeline
Cushing Extension at Steele City, Nebraska. The pipeline is anticipated
to be 1,179 miles long (329 miles of that are in Canada) and has an
initial capacity of 830,000 barrels per day. To connect the Canadian
and U.S. portions of the pipeline project, TransCanada must first
obtain a Presidential Permit from the Department of State authorizing
the construction, operation, and maintenance of the pipeline and
related facilities at the international border.
The SEIS Process
The Department of State, consistent with NEPA, will take into
account the environmental impacts that could result from the approval
of a Presidential Permit authorizing construction, operation, and
maintenance of pipeline facilities for the importation of crude oil to
be located at the international border of the United States and Canada.
The Department of State will use the SEIS to assess the environmental
impacts that could result if TransCanada is granted a Presidential
permit for the revised Keystone XL Pipeline Project. The SEIS will
supplement the August 26, 2011 FEIS, by including information and
analysis about potential impacts associated with the new proposed
route(s) within Nebraska, as well as about any other subjects that may
need to be updated because there exists significant new circumstances
or information relevant to environmental concerns bearing on the
proposed action or its impacts. The Department of State will select a
Third-Party Contractor to help prepare the SEIS. The SEIS will be
prepared under the direction of the Department of State and will be
reviewed by the cooperating agencies.
In the SEIS, the Department of State will discuss impacts that
could occur as a result of the construction and operation of the
revised proposed project under these general headings:
Geology and soils;
Water resources;
Fish, wildlife, and vegetation;
Threatened and endangered species;
Cultural resources;
Land use, recreation and special interest areas;
Visual resources;
Air quality and noise;
Socioeconomics;
Environmental Justice; and,
Reliability and safety.
In the SEIS, the Department of State will also evaluate reasonable
alternatives, including a ``no action alternative,'' to the proposed
project or portions of the project and make recommendations on how to
lessen or avoid impacts on affected resources.
The Department of State's independent analysis of the issues will
be included in a draft SEIS. The draft SEIS will be published and
mailed to relevant Federal, State, and local government agencies,
elected officials, environmental and public interest groups, Indian
tribes, affected landowners, commenters, local libraries, newspapers,
and other interested parties. You are encouraged to become involved in
this process and provide your specific comments or concerns about the
proposed project. By becoming a commenter, your concerns will be
considered by the Department of State and addressed appropriately in
the SEIS. Parties interested in being involved in Section 106
consultation should also contact the Department of State.
The Department of State will consider all timely comments on the
draft SEIS and revise the document, as necessary, before issuing a
final SEIS.
Project details and environmental information on the Keystone XL
Project application for a Presidential Permit, including associated
maps are downloadable from a Web site that is being established for
this purpose: http://www.keystonepipeline-XL.state.gov. This Web site
is expected to be operational on or about June 15, 2012. This Web site
will accept public comments for the record.
Information on the Department of State Presidential Permit process
can also be found at the above Internet address.
[[Page 36034]]
A TransCanada hosted project Web site is also available at http://www.transcanada.com/keystone.html. The Keystone XL Project toll-free
number is 1-866-717-7473 (United States and Canada).
Dated: June 13, 2012.
Genevieve Walker,
NEPA Director, Bureau of Oceans and International Environmental and
Scientific Affairs/Office of Environmental Policy, U.S. Department of
State.
[FR Doc. 2012-14803 Filed 6-14-12; 8:45 am]
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