D.2 SOW Attachment A - Environmental Review and Compliance Seminar for Natural Gas Facilities.pdf

Putting the Pieces Together Environmental Review and Compliance for Natural Gas Facilities

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Environmental Review for Natural Gas Facilities

Gertrude Fernandez Johnson Compliance Manager

(202) 502-6692 Gertrude.Fernandez.Johnson@ferc.gov

Public Outreach

David Hanobic Outreach Coordinator

(202) 502-8312 David.Hanobic@ferc.gov

Construction Compliance

Heather Campbell Senior Policy Advisor

(202) 502-6182 Heather.E.Campbell@ferc.gov

Environmental Review and Permitting

Julia Yuan Environmental Protection Specialist

(202) 502-8130 Julia.Yuan@ferc.gov

Air and Noise

Eric Tomasi Environmental Engineer

(202) 502-8097 Eric.Tomasi@ferc.gov

Biological Resources

Jennifer Fink Environmental Protection Specialist

(202) 502-6259 Jennifer.Fink@ferc.gov

Biological Resources

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Larry Brown

(401) 278-4301 Larry.Brown@erm.com

Environmental Review

Jennifer Lee

(503) 525-5152 Jennifer.Lee@erm.com

Environmental Review

Facilitator/Environmental Compliance

Tim Drake

(612) 337-3365 Tim.Drake@erm.com

Maggie Suter

(410) 972-4125 Maggie.Suter@erm.com

Environmental Review

Joe Holler

(612) 347-7860 Joe.Holler@erm.com

Environmental Compliance

• Emergency alert system

• Exits

• Meeting location

• Safety moment

Introduction to FERC The FERC Process

– Section 2.55: Exclusion Projects

– Section 157, Subpart F: Blanket

Certificate Projects

– Section 7: New Construction and

Abandonment Projects

Construction Post-Construction

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• Participate with an open mind

• Ask questions

• Observe break times

• “Disconnect”

• Turn off cell phones and other media devices

• Keep side discussions to a minimum

3 DAYS

7-10

DAYS

During this seminar you may email or text the instructors with questions:

David Hanobic: David.Hanobic@ferc.gov or 570- 660-0456

Gertrude Fernandez Johnson:

Gertrude.Fernandez.Johnson@ferc.gov

Tim Drake: Tim.Drake@erm.com

Independent federal regulatory agency

– Decisions subject to review by federal courts

– FERC implements a statute passed by

Congress—the Natural Gas Act

The “Commission”

– Commissioners are nominated by the

President and confirmed by the Senate

– Chairman is nominated by the President

– Only three commissioners can be from the same political party

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Chairman Neil Chatterjee

Commissioner Richard Glick

Commissioner Bernard McNamee

Sets out FERC’s areas of responsibility:

• Section 1 – Identifies projects exempt from FERC jurisdiction

• Section 3 – Allows FERC to authorize import and export projects

• Section 7 – Allows FERC to certificate interstate pipeline projects (including storage).

• If Commission issues a Certificate, Section 7(h) of the Natural Gas Act conveys right of federal eminent domain

• If an agreement is not reached, applicant can follow state/federal process for condemnation proceedings

• FERC *STRONGLY* encourages cooperation between applicants & landowners, but does not involve itself in monetary negotiations

• Section 3 (Import/Export) Projects do NOT receive federal eminent domain under the Natural Gas Act

• Evaluate applications for facilities to import, export, transport, store, or exchange natural gas

• Authorize siting, construction, and operation

• Abandonments

• Conduct inspections of LNG facilities and pipeline construction

• Environment is just “one piece” of the Commission’s decision on a project

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LNG Interstate Storage – NGA Section 7 LNG Terminals – NGA Section 3

• Impact of Facilities & Location (siting and construction

• Compliance Inspections Section 3

• U.S. Department of Energy – Public

Interest Determination (commodity)

– Decision for export to non-free trade agreement countries after FERC NEPA review

• Electric Power

– Limited siting

• Oil & Oil Products Pipelines

– No siting authority

• Non-federal Hydroelectric Projects

– Environmental review

• Pipeline safety standards

• Natural gas producers

• Local natural gas distribution or gathering pipelines

• Siting of oil, oil products, and natural gas liquids pipelines

• LNG intrastate commerce

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Section 3 Exportation/Importation

15 USC §717b

Section 7(b) Abandonment

15 USC §717f (b)

Section 7(c) New Construction

15 USC §717f (c)

§2.55 Exclusions

18 CFR § 2.55

§157 Blanket Certificates

18 CFR § 157, Subpart F

Natural Gas Act FERC Regulations

Pre-filing (if utilized) (PF Docket)

Required for LNG, Voluntary for pipelines

Certificate Filing (CP Docket)

Environmental Assessment or Impact Statement produced

2.55 Projects

2.55 a Auxiliary Facilities

2.55 b Replacements

Blanket Certificate Projects

Automatic Authorization Prior Notices

Certificated Facilities

Pre-certificate

What natural gas act authority would be used to:

1. Discontinue interstate natural gas service to an existing customer from a pipeline from the west and provide the same service to the customer by constructing a new pipeline from the east?

2. Export natural gas into Mexico?

3. Develop natural gas on private property and use it for a homestead on that property?

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SECTION 2.55 – EXCLUSIONS

Auxiliary installations, replacements, and abandonments

• On existing Certificated systems with a few exceptions

• Subject to the FERC’s NGA jurisdiction

• No new Certificate authority required

– No federal action & NEPA not required

– FERC staff reviews advanced notifications/annual reports

– FERC staff may also conduct compliance inspections

• Company must comply with environmental restrictions of the original Certificate and other applicable federal laws and landowner agreements

• Landowner notifications are required

• On Certificated or proposed transmission pipeline systems

• Auxiliary or appurtenant facility

• Installed to obtain more efficient or economical operation

2.55(a)(3) amended to allow abandonment & replacement of 2.55 auxiliary facilities, if there is no impact on customers

• Valves and drips

• Pig launchers/receivers

• Yard and station piping

• Buildings

• Gas cleaning, cooling, and dehydration equipment

• Water pumping, treatment, and cooling equipment

• Electrical and communication systems

• Residual refining equipment

• Cathodic protection equipment

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• On a Certificated transmission pipeline system

• Replaces existing facility that is or soon will become physically deteriorated or obsolete

• Substantially equivalent in designed delivery capacity

2.55(b) replacement facilities and 2.55 (a) facilities that do not meet 2.55(a)(3) requirements may be abandoned under 157.216 of the blanket certificate regulations

• All activities must occur within Certificated rights-of-way and previously used workspaces

• Guidelines for construction work areas where the original work area is unknown

• Construction ROW width based on pipe diameter –<75 feet for >12” diameter –<50 feet for <12” diameter

18 CFR §2 Appendix A

• Reasonable extra workspace at feature crossings (e.g., roads, railroads, streams) depending on site-specific conditions

• Two Lane Road/Single Track Railroad

– 25 to 50’ x 100’

• Four Lane Road/Intermediate Stream

– 50’ x 100’

• Major River

– 100’ x 200’

18 CFR §2 Appendix A ‐ Reasonable workspace use is constrained by the physical evidence in the area. Areas obviously not cleared for construction of the existing facility should not be used for construction of the auxiliary or replacement facility.

• Landowners are those that are directly affected

• Notification required at least 5 days before work is performed except in cases of:

– Emergency

– Where no soil is disturbed

– Landowner has waived requirement

– Work would occur within fence line of company facility

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• None - on existing transmission facilities

• 30 days advance - on Certificated facilities not yet in service

– Description of the auxiliary facilities and their locations

• Include with application - on proposed Section 7 facilities

• No advance notification required if

– Project budget meets first tier cost limit on Table 1 in §157.208(d)

– Emergency project requiring immediate replacement, regardless of cost

• 30-day advance notification required if

– Project is not an emergency & budget exceeds first tier cost limit

• Budget should include materials, planning, & construction

Cost limits on Table 1 in §157.208(d) are adjusted annually

• Brief description of the replacement facilities, including estimated costs

• Current USGS 7.5 minute topographic map

• Description of procedures for erosion control, wetland & waterbody crossings, and revegetation & maintenance

• Photos may be helpful

18 CFR §2.55(b)(3)

• No Reports Required • No Reports Required

• During or at the completion of construction

• Must be reported in annual report by May 1 except for where:

• Notification given in advance

• Aboveground facilities that do not involve ground disturbance or compression

Annual report must include the same project information as is required for advanced notification projects

2.55(b) Replacements2.55(a) Installations

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ABC Pipeline company is currently construction a 256 mile long, 36-inch-diameter pipeline. The construction crew is ready to begin installation of a cathodic protection system perpendicular to the right-of-way, when personnel identifies that this activity was not included as part of their application/Certificate.

1. Can the construction crew proceed with the installation?

2. Does the applicant need to provide advanced notification to FERC before installing the cathodic protection system?

3. Is the applicant responsible for providing an annual report? If so, what should it include?

Blue = Property line for land that ABC Company owns Red = Fence line of compressor station ABC Company operates

1. Can ABC Company replace compressor units within the red fence line under 2.55? If so, using 2.55(a) or 2.55(b)?

2. Can ABC Company use the property within their blue property line, but outside of the red fence line to perform the replacement activity?

3. Does the applicant need to provide advanced notification to FERC and/or landowners before replacing the compressors?

4. Is the applicant responsible for providing an annual report?

ABC Company wants to replace 2 antiquated compressor units at this station with 2 new, same horsepower models. The estimated cost is $18M.

SECTION 157, SUBPART F – BLANKET

CERTIFICATE PROJECTS

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• Certain “pre-approved” activities do not require an individual Certificate

• Authorization is granted under a Blanket Certificate

• A FERC environmental review will be conducted

• Project must comply with

– Other applicable federal and state laws

– FERC Plan and Procedures (75-foot ROW)

• Blanket Certificates are typically requested in conjunction with 7(c) filings for major projects or systems

Blanket projects must request approval for alternate measures or variances

• Does not require additional FERC approval

• Subject to first tier cost limits

• No formal public protest process

Automatic

• Must request approval to use authorization

• Subject to second tier cost limits

• Project noticed in Federal Register and subject to public protest

Prior Notice

Cost limits on Table 1 in §157.208(d) are adjusted annually

18 CFR §157

Authorizations

Automatic Prior Notice Cost Limits

Apply Requires

Env. Report

.208 Misc. Rearrangement Yes Yes Yes Yes

.209 Temporary Compression Yes No Yes No

.210 Mainline Facilities No Yes Yes Yes

.211 Delivery Points Yes Yes No No

.212 Synthetic/LNG Facilities No Yes Yes Yes

.213 Storage Field Facilities Yes Yes Yes Yes

.214 Increase Storage Capacity No Yes No No

.215 Storage Testing/Develop. Yes No Yes* No

.216 Abandonment Yes Yes Yes Yes

.217 Change in Rate Schedule Yes No No No

.218 Customer Name Change Yes No No No

* See Table II limits

• Exceed cost limits

• Be within 0.5 mile of a nuclear plant

• Significantly impact sensitive environmental resources

• Affect cultural resources

• Adversely affect federally listed species or designated critical habitat

• Exceed compressor station noise limits

– 55 dBA Ldn at NSAs

Projects are not eligible to use blanket authorization if they will:

Projects involving nighttime drilling should attempt to meet the 55 dBA noise limit at existing NSAs

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• Automatic

– 45 days prior to construction or during easement negotiations, whichever is earlier

• Prior Notice

– Within 3 business days following issuance of docket number or during easement negotiations, whichever is earlier

Affected landowners defined in 18 CFR 157.6 and include more than just owners of directly affected properties

The notification period for automatic authorizations can be waived by the affected landowner or in cases where emergency activities are required to restore service

R e q u ir e d C o n te n ts

• Company and project information (AA & PN)

• Potential construction impacts (AA & PN)

• Company and FERC contact information (AA & PN)

• Docket number (PN Only)

• Environmental complaint resolution procedure (AA & PN)

• Blanket Certificate program pamphlet (PN Only)

• Landowner guidance pamphlet (PN Only)

• Automatic

– No advanced notification required

• Prior Notice

– Submit request for authorization at least 60 days prior to construction

• Company information

• Docket number(s)

• Statement of compliance

• Form of Notice for Federal Register

• Required activity-specific information

• Environmental clearances

• Description of facilities

• Maps of facilities & sensitive resources

• Concise assessment of conditions/impacts

• Mitigation to avoid significant impacts

• Document compliance with ESA, NHPA, CZMA

• How compressor station will comply with SIPs per CAA

• How HDDs will meet goal of 55 dBA at NSAs

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• No reports required during construction

• File annual report by May 1

Automatic • Submit weekly EI reports during construction

• File annual report by May 1

Prior Notice

• Actual costs (AA and PN)

• Construction and in-service dates (AA)

• Required activity-specific info. (AA)

• Written & photo documentation of restoration progress representative of all habitats and land uses crossed (AA)

• Issues and corrective actions (AA)

• Compressor station noise surveys (AA)

Required content of the annual reports can be found in 18 CFR §157.207 & 157.208(e)

The applicant is an existing interstate pipeline company that plans to build a pipeline that is 6 miles long and would cost $10 million. What authority can this be built under based on the following situations?

1. The U.S. Fish and Wildlife Service determined that the project would not adversely affect any federally listed species, and the State Historic Preservation Office indicated it would have no adverse effect to cultural resources.

2. This is a loop of the mainline with no significant impacts.

3. This is a lateral off of the mainline.

The applicant is an existing interstate pipeline company that plans to replace 10 miles of its existing pipeline at an estimated cost of $34 million. What authority can this be built under based on the following situations?

1. The replacement work will be performed in a coastal zone.

2. The workspace for the replacement pipeline will include workspace outside of the area used to construct the existing pipeline.

3. The project is in an area where there is potential habitat for federally listed bats.

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SECTION 7 – NEW CONSTRUCTION

AND ABANDONMENT PROJECTS

• Section 7(b)

– Abandonment of existing natural gas service

– Types of abandonment:

• In-place

• Removal

• By sale

• Section 7(c)

– Construction of new facilities that don’t meet the requirements under Part 157 or section 2.55

SECTION 7 PROJECT

DEVELOPMENT AND PLANNING

• Determine project purpose and need

• Project team training

• Conduct “open season” to determine market interest

• Identify a base project

– Pipeline alignment

– Aboveground facility locations

– Interconnects

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• Begin public outreach efforts

• Identify and contact agencies

– Potential resource issues

– Applicable permits

• Develop project execution plans and schedules (e.g., plan field surveys)

Pre-Filing

• Required for LNG projects, if proposing an applicant-prepared EA, and for complex and/or high degree of public interest projects

• FERC involvement begins before an Application is filed

• Provides opportunity for identification of stakeholders concerns early in the process

Traditional

• Used for smaller, less complex and lesser degree of public interest projects

• FERC involvement begins once an Application is filed

• Pre-Application stakeholder outreach is the responsibility of the Applicant

Ex-parte rules governing off-the-record communications do not apply during Pre-Filing

• Once application is filed, communication must be:

– in a public manner (no private meetings or calls)

– “on the record” (part of decisional file / equal opportunity)

• Assures fairness and transparency in the development of the record that FERC will use for its decision

• Certain exceptions, but they need to be disclosed

• Procedural matters are not ex parte

• Common Prohibited Communication Exemptions:

– from non-party elected official –with non-party Federal, state, local or tribal official –related to NEPA documentation, and prior to FEIS/EA –communication with non-party landowner

Regulatory Path

Section 7c

Project

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PRE-FILING PROCESS

18 CFR §157.21

• Begin project review prior to Application

• Involves earlier interaction between FERC, the applicant, and stakeholders

• Early identification of issues and resolution, where possible

• Pre-Filing is:

– Required for all LNG terminals

– Recommended for most projects proposing an Applicant- Prepared Draft EA

– “Strongly recommended” for certain natural gas facility projects

Refer to FERC’s guidance document “Guidelines for Applicant‐Prepared Draft Environmental Assessments”

• The National Environmental Policy Act of 1969

– Federal agencies must consider the effects of their actions on the human environment

• EPAct 2005 – amended the Natural Gas Act

– FERC is always the lead agency for NEPA

– FERC coordinates all other federal authorizations, sets the schedule

CEQ regulations for implementing NEPA - 40 CFR 1500-1508 FERC’s regulations implementing NEPA - 18 CFR 380

Categorical Exclusion

Actions that will not individually or cumulatively have a significant effect on human environment

Routine activities

Environmental Assessment

Projects that do not pose a significant effect on human environment

Projects where significance of effect on human environment is unknown

Environmental Impact Statement

Complex projects

Projects with significant effects on human environment

18 CFR §380

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• FERC’s Division of Gas – Environment and Engineering (DG2E) Staff

– Manage the NEPA process for natural gas facilities

– Make recommendations to the Commission to avoid, minimize and mitigate impacts

– Monitor compliance

• Other FERC offices

– Office of the General Counsel: legal matters

– Division of Pipeline Certificates: policy, precedents, regulations

– Office of Energy Market Regulation: tariffs, rates, terms and conditions of service

• Cooperating agencies have NEPA responsibility or expertise

• During Pre-Filing, all agencies can participate the same because there is no ex parte

• During Application review ex parte doesn’t apply to FERC staff and co-ops

• Participating agencies provide comments on the record during the proceeding

• Cooperators get advanced review of draft NEPA document

• Introduce project to FERC

• Discuss environmental and non-environmental issues & requirements

• Discuss status of ongoing activities (e.g., public outreach)

• Determine regulatory path and NEPA document options

• Submit drafts

– Pre-Filing Request Letter

– RFP for third-party contractors to prepare NEPA document

– Consider timing!

What is a 3rd Party Contractor?

A contractor that works for FERC, paid for by the application, but subject to the same rules as FERC staff (e.g., ex parte).

• Introduce the project and provide a map

• Request participation in the Pre-Filing process

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• Zoning & availability of property (LNG)

• Reason for requesting Pre-Filing

• Project description, maps, and drawings

• Proposed project schedule

For illustration purposes only. Examples can be found on eLibrary.

Key Milestone Activities Anticipated Schedule Time Period

Submit Request to Initiate Pre-Filing Review Process

March 13, 2015 180 days from Pre-Filing to

Application File Certificate Application September 2015

Commencement of Construction August/September

2 months from FERC Order to

Construction Start

Pipeline In-Service January 2017 5 months from Construction

Start to In-Service

Other federal and state agency involvement

• Applicable authorizations or consultations

• Willingness to participate in Pre-Filing

• Proposed Application submittal and authorization schedule

For illustration purposes only. Examples can be found on eLibrary.

Permit/Approval/Consultation Agency and Agency Contact Date(s) of Contact

FEDERAL

Section 404 Clean Water Act Section 10 River and Harbors Act

U.S. Army Corps of Engineers Fort Worth District 819 Taylor Street, Room 3A37 P.O. Box 17300 Fort Worth, TX 76102-0300

Regulatory Branch – Chief

(CESWF-PER-R

Phone: (817) 886-1731 Fax: (817) 886-6493

Project Contact: Ferick Land Phone: (817) 886-1729 Fred.j.land@usace.army.mil

2/19/16- Sent Project Introduction Letter

3/4/16 – Letter from Stephen Brooks, Chief

3/5/09 – Telecon – Fred Land

Anticipated Date of Submittal/Receipt of

Permit or Authorization

Initial Response and Comments Participate in NEPA Pre-filing

Aug – Sept.

2016/June 2017

Introduction letter received.

Confirmed point of contact.

Project No. assigned

SWF-2009-00089.

Yes

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• Interested parties and stakeholders contacted

• Proposals

– Third-party contractors to prepare NEPA document or

– Submit an Applicant-Prepared

Draft EA

• Work completed to date

Refer to FERC’s guidance document “Handbook for Using Third-Party Contractors to Prepare Environmental Documents”

Land

•Tax and title records searches

•Landowner contacts

•Survey permissions

Public Outreach

•Community contacts

•Governmental contacts

•Open houses •Other communications

Engineering

•Civil survey plans •Routing

•Facility design

Environmental

•Agency contacts

•Environmental analyses

•Plans for biological, cultural, and paleo surveys

• Acknowledgment that a complete Application and Environmental Report will be provided

• Public outreach plan description

• Letter of Intent and Preliminary WSA Certification (LNG)

• DOE authorization (LNG)

• PF docket number assigned

• Issuance of docket number opens the public record

• Third-party NEPA document consultant selected or acknowledgement of the applicant’s intention to file applicant-prepared draft EA

– FERC staff can still request third-party contractor if needed

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• Project-related submittals, reports, comments, and communications are posted to eLibrary

• Record will include materials for all associated docket numbers (i.e., CP docket number)

• Basis for Commission decisions

FERC Online eComment eRegister eFiling eSubscription eService eLibrary www.ferc.gov/docs‐filing/elibrary.asp

The clock starts when the PF approval notice is issued

Identify locations for open houses and agency meetings

Execute contract for third-party NEPA contractor and inform stakeholders about the project

File WSA (LNG only) and 7(c) Application

Submit updated mailing list and file draft Resource Report 1 and summary of alternatives considered

*Calendar Days

P F

A P P R O V A L

* 7 Days

* 14 Days

* 30 Days

* 180 Days

• Mailing address information provided for:

– Landowners (§157.6(d)(2)), other interested stakeholders, agencies, elected officials, tribes, non-governmental organizations, libraries, newspapers, and other local media outlets

• Mailing lists provided to FERC staff in specified Excel format

• Open to the public

• Sponsored and hosted by the applicant

• Informal setting

• FERC or the third-party NEPA document contractor will attend

• General discussions are not part of the public record

• FERC site review

Number and locations of open houses are project specific

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• NOI is start of NEPA process

• Issuance of NOI starts scoping period

• Announces close of scoping period

• Indicates type of NEPA document to be prepared

What is Scoping? – Process for identifying those issues that need to be considered in the NEPA document

• Requests agencies to indicate if they will act as cooperating agencies

• Identifies stakeholders/ mailing list

• Announces public session dates and locations

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• Purpose is to solicit comments on the proposed project

• Sponsored and hosted by

FERC

• Included as part of public record

– Public scoping session transcripts

• Applicant provides a project status update

• FERC identifies agency roles and responsibilities for NEPA review

• Agencies identify issues and concerns

• Lead federal agency responsible for complying with NEPA

• Establishes and maintains schedule for federal authorizations

• Coordinates all federal authorizations and agency comments

• Compiles agency actions and decisions into a consolidated record

• Participate in Pre-Filing process as specified in Interagency MOU (2002)

• Coordinate with FERC and other agencies to:

– identify and resolve issues early in the process;

– coordinate schedules;

– share data; and

– coordinate requests for additional information.

FERC Other Federal Agencies • Federal, state, and local agencies with jurisdiction and/or special expertise regarding environmental issues identified

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Within 14 days of the end of the scoping comment period, respond to issues raised during scoping.

Within 60 days of the end of the scoping comment period, file draft Resource Reports 1-12.

The clock starts when NEPA scoping period has concluded

S C O P I N G

E N D

* 14 Days

* 60 Days

*Calendar Days

The scoping period has ended for a project in pre-filing. What actions would the applicant take in the following situations?

1. FERC received 30 form letters indicating wildlife needs to be discussed in the NEPA document.

2. FERC received 2,000 unique comment letters.

3. FERC received about 3 comment letters, each with property-specific environmental concerns identified.

• General Project Description

• Water Use and Quality

• Fish, Wildlife, and Vegetation

• Cultural Resources

• Socioeconomics

• Geological Resources

• Soils

• Land Use, Recreation, and Aesthetics

• Air and Noise Quality

• Alternatives

• Reliability and Safety

• PCB Contamination

• Engineering and Design Material (LNG)

Refer to FERC’s guidance document “Guidance Manual for Environmental Report Preparation”

Upland Erosion Control, Revegetation and Maintenance Plan

Wetland and Waterbody Construction and Mitigation Procedures

• Revised versions issued May 2013 (Docket No. AD12-2-000)

• Baseline mitigation measures for construction and maintenance activities at jurisdictional facilities

See http://www.ferc.gov/industries/gas/enviro/guidelines.asp. Also referred to at 18 CFR 380.12(i)(5), 380.12(d)(2), and 18 CFR 157.206(b)(3)(iv).

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• Existing conditions

• Direct, indirect, and cumulative impacts

– Construction

– Operation

– Abandonment

• Proposed mitigation measures

– Applicant-committed

– Agency-recommended

• Applicable agency correspondence

• Reference list

FERC may require a revised set of draft resource reports if the first drafts are not complete which can have significant schedule impacts

18 CFR §380.12(c)

•Unrestricted distribution •Published on FERC’s E-

Library website •Included in NEPA document

P ri vi le ge d

•Not released to the public

•Affected landowners •Cultural resource data

& reports •Proprietary information

C

EI

I

•Detailed designs •Can be obtained from applicant or by signing

FERC NDA

•Submit less detailed drawings for NEPA document

Controlled Unclassified Information (CUI)

Public

• FERC will issue comments on draft RRs during Pre-Filing

– FERC may require written response and/or

– May require comments to be incorporated into next round of RRs

• Once application is filed, FERC will issue a data request for missing, incomplete, or inconsistent information

– The applicant will respond to each question

Description of Proposed Facilities

Non-jurisdictional Facilities

General and Special Construction and

Restoration Methods

18 CFR §380.12(c)

Project Schedule

Purpose and Need

Permits and Authorizations

Mapping

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• Identify in a table:

– the location, milepost range, length, and diameter of each pipeline segment

– the location, milepost of each aboveground facility including amount of new or additional compression

• If the scope of project shrinks or expands, explain the necessary facility modifications

• Clearly and consistently state the purpose and need for the project

• Provide sufficient specificity to define the potential range of alternatives

• Describe the typical construction sequence

• Provide sufficient detail for each activity to allow FERC to describe what is being proposed

• Describe each proposed special construction method. For example:

– wetland & waterbody crossings

– HDDs

– road and rail crossings

– in-street construction

– residential construction

– topsoil segregation and other agricultural construction techniques

• Include cross references for methods described in more detail in other resource reports

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• Provide a schedule for each proposed facility

• Indicate year(s) and months of construction

• Include additional schedule details where appropriate (e.g., the dates of a proposed in-street construction)

• Update the schedule if the project plans change

• List applicable permits and permitting agencies

• Indicate the status of each permit

• Periodically update the table during the FERC’s review

Permit & Consultation Summary Table

Agency Permits and

Consultations

Anticipated Permit Submittal

Date

Anticipated Permit Receipt

Date

FEDERAL

Federal Energy Regulatory Commission (FERC) o Office of Energy Projects (“OEP”)

Required Permit:

o Certificate of Public Convenience and Necessity o National Environmental Policy Act

(NEPA) –

Environmental Impact Statement Review o Pipeline abandonment under Section 7(b) of the Natural Gas Act

Initiate Pre-Filing

– Feb. 20, 2015

File Formal

FERC

Application – Sept., 2015

Receive FERC certificate – November 2016

U.S. Army Corps of Engineers

(USACE)

o New England District – Regulatory Division o New York District – Regulatory Division

Required Permit:

o Section 10 Rivers and Harbors Act o Section 404 Clean Water Act (CWA)

Sept. 2015 Jan. 2017

• Describe connection to the jurisdictional facilities

• Identify who will build and operate

• Include map(s)

• Describe sensitive resources and associated impacts

(if known)

• Include a schedule identifying construction & the in-service date

• Explain how the facilities are regulated and what agencies have jurisdiction

• Include facilities in the cumulative impact discussion

• Topographic maps

• Photo-based alignment sheets

• Right-of-way configuration & cross section drawings

• Plot/site plan

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Minimum Scale: 1:24,000/1:25,000 covering 0.5-mile-wide corridor Key Elements: all project facilities, work areas, and access roads; mileposts

For illustration purposes only. Examples can be found on eLibrary. Minimum Scale: 1:6,000 covering 0.5-mile-wide corridor Key Elements: all project facilities, work areas, and access roads; temporary and permanent ROW; mileposts; resources and features crossed; property boundaries; tract numbers

For illustration purposes only. Examples can be found on eLibrary.

Minimum Scale: none Typical Drawings: temporary and permanent ROW configurations; collocation, overlap, and offsets; road, railroad, utility, waterbody, and wetland crossings

For illustration purposes only. Examples can be found on eLibrary.

Facility/County Mileposts Length

(mi.)

Existing ROW

Relationship of Proposed Pipeline to

Existing ROW

Overlap of Proposed ROW with Existing ROW (ft.)

30‐inch pipeline

Calumet County 0.0 – 6.5 6.5 ATC Power Line West 50

6.5 – 8.9 2.4 None N/A N/A

8.9 – 12.3 3.4 ATC Power Line North 50

12.3 – 16.0 3.7 ANR Pipeline West 25

16.0 – 18.2 2.2 ANR Pipeline East 25

20-inch pipeline

Brown County 0.0 – 3.3 3.3 None N/A N/A

3.3 – 3.5 0.2 South Overland

Road East 0

Total Collocated 16.0 (73.7%) For illustration purposes only. Examples can be found on eLibrary.

Additional Options May Include:

- Insert additional line items for greenfield segments to avoid gaps in mileposts

- Insert additional column identifying applicable ROW configuration drawing

Page | 2‐28

Minimum Scale: 1:3,600 Key Elements: non-linear construction areas, temporary and permanent disturbance, access roads, mileposts, associated non-jurisdictional facilities, fence line, facility configuration (avoid labeling sensitive components such as control room)

For illustration purposes only. Examples can be found on eLibrary.

Additional Information

• Stakeholder Outreach

– Description of outreach activities conducted and summary of open houses

• Cumulative Impacts

– Stand-alone analysis or addressed by resource in each resource report

– Evaluates the past, present, and future development and the potential for additive or synergistic effects

– The area of potential cumulative impact varies depending on the resource

Common Omissions

• Inconsistent purpose and need

• Location and overlap relative to other rights-of-way

• Inadequate maps and discussion of non-jurisdictional facilities

• Updated mailing list and status table of permits

• Inadequate description of special construction methods

What would FERC ask if the applicant presented the following statements in Resource Report 1?

1. The project’s purpose is to provide energy to Florida.

2. We plan to only use standard construction techniques.

3. The project’s impacts are minor and would not be detectable; therefore, we are not evaluating cumulative impacts.

4. We’re planning on building the project in 2019.

5. We’re planning daytime construction (7am to 10 pm).

Wetlands

• Federal jurisdiction

• Temporary vs.

Permanent Impacts

• Mitigation

• Modifications from

FERC Procedures

18 CFR §380.12(d)

• Aquifers

• Wellhead protection areas

• Springs

• Public and private wells

Groundwater

• Waterbodies

• Major waterbody crossings

• Public watersheds

• Modifications from

FERC Procedures

Surface Waters

Page | 2‐29

Clean Water Act

• Section 401 Water Quality Certification

• Section 402 NPDES Permit(s)

• Section 404 NWP or Individual Permit

Rivers and Harbors Act

• Section 10 Navigable Waters

U.S. Code: Title 33 – Navigation and Navigable Waters

• Section 408 Modification of harbor or river improvements

Existing Resources

• Aquifers

– Sole source

– Use

– Contamination

– Water quality

• Public and private wells

– Proximity

– Wellhead protection areas

• Springs

Impact Analysis

• Groundwater needs during both construction and operation

• Public and private wells

– Damage to wells

– Testing before and after construction

• Spill plan

Common Omissions

• Documentation of coordination with well owners

• Potential impacts on groundwater from pile driving at aboveground facility locations

• HDD subsurface inadvertent releases

• Drawdown and/or saltwater intrusion

• Blasting

Existing Resources

• Watersheds

• Waterbodies

• Water quality classification

• Public water intakes

Impact Analysis

• Waterbody crossing table

• Turbidity and sedimentation footprint

• Surface water use

• Intake and discharge locations

• Downstream impacts

• Spills

• Minimization and restoration measures

Page | 2‐30

Common Omissions

• Construction within floodplains

• Modifications from the FERC’s

Procedures

• Vessel traffic

• Downstream impacts

• Construction and operations water uses

ID MP

Waterbody Crossing Special Designation

In‐Stream Construction

Timing Blasting

Name Type Length (feet)

FERC

Classifi cation

Method State Water Quality

Classification Other

WB

0.1 Big Creek Per. 105 Major HDD A, B, C Coldwater

Fishery, State T&E

Jun. 1 – Sept.

WB

0.9 Old Creek Inter. 10 Minor Open‐cut 303(d) Yes

WB

1.5 Tide River Per. 286 Major HDD A, B, D Navigable, Federal T&E, NRI

WB

2.4 Ale Creek Eph. 2 Minor Open‐cut

WB

3.7 Farm Pond Pond 139 Major Open‐cut

WB

5.3 Fish Creek Per. 28 Interm

ediate

Open‐cut A,D Warmwater Fishery

Jun. 1 – Nov.

For illustration purposes only. Examples can be found on eLibrary.

Existing Resources

• COE jurisdiction

• FERC defined

• Types of wetlands present within the project area

• Representative species

Impact Analysis

• Wetland crossing table

• Temporary vs.

permanent

• Avoidance and minimization

• FERC Procedures

• Restoration

• Compensatory mitigation plan

Reminder:

- Cross-reference information in draft Resource Reports 2, 3, and 8 to ensure consistency.

Common Omissions

• Inconsistent data

• Wetland conversion

• Survey report

• Impacts between HDD entrance and exit

• Modifications from the FERC’s Procedures

Photo courtesy of: Joe Holler, Environmental Resource Management

Page | 2‐31

For illustration purposes only. Examples can be found on eLibrary.

ID Type

MP Crossing Construction Impact

(acres) Operation Impact

(acres)

Enter Exit Length (feet)

Method Area

Affected

Forested Area

Affected

Permanent Cover

Conversion

Permanent Loss

Forested Area

Affected

W1 PEM 0.1 0.2 528 Open‐cut 0.9 0.0 0.0 0.0 0.0

W2 PSS 0.5 1.0 2,635 Open‐cut 4.5 0.0 1.8 0.0 0.0

W3 PSS 1.7 2.4 3,615 HDD 0.2 0.0 0.0 0.0 0.0

W4 PFO 4.2 4.5 1,332 Open‐cut 2.2 2.2 0.9 0.0 0.9

W5 PFO 5.3 5.7 2,023 HDD 0.0 0.0 0.0 0.0 0.0

• Provide site-specific plans for:

– Major (>100 feet wide) waterbody crossings

– HDDs (supported with geotechnical data)

– Waterbody crossings within or adjacent to a wetland crossing

(if the measures identified in FERC’s Procedures cannot be met)

• Provide site-specific justification for:

– Construction ROW >75 feet wide within wetlands

– ATWS within 50 feet of wetlands or waterbodies

– Aboveground facilities within wetlands

Minimum Scale: none Key Elements: all construction work areas to be cleared or disturbed, spoil storage locations, sediment control structures, waterbody boundaries, buffer zones/setbacks

For illustration purposes only. Examples can be found on eLibrary.

• In accordance with federal, state, and local regulations, develop spill prevention and response procedures

– Proper handling of fuels and other hazardous materials

– Procedures for spill cleanup, disposal, and reporting

– Properly labeling, handling, storing, and transporting hazardous materials and wastes

• Secondary containment

• Identify access roads approved for fuel transport

• Designate areas at least 100 feet from wetlands, waterbodies, and municipal watersheds

– Hazardous materials storage

– Concrete coating

– Equipment fueling, maintenance, and parking

With EI approval during construction, parking, refueling, and concrete coating may occur within 100 feet if it is determined in advance that no reasonable alternative exists

Page | 2‐32

Secondary containment is required if activities are within 100 feet of a wetland or waterbody

The applicant has discovered a public water intake 4.5 miles downstream from a proposed open cut crossing of a river. They have done a turbidity study that indicates during construction, the estimated turbidity plume could reach 5 miles. What should the applicant do?

Photo credits: U.S. Fish and Wildlife Service

• Designated fisheries

• EFH and other significant habitats

• Special-status species

Wildlife

• Habitat types

• Designated critical habitat

• Wildlife refuges, areas, and preserves

• Special-status species

Vegetation

• Cover types

• Sensitive/ unique plant communities

• Special-status species

Fish

18 CFR §380.12(e)

Endangered Species Act

• Protection for federally listed species and their designated critical habitat

Magnuson-Stevens Fishery Conservation and Management Act

• Protection of Essential Fish Habitat, those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity

Marine Mammal Protection Act

• Prohibits take and harassment of marine mammals

Bald and Golden Eagle Protection Act

• Prohibits take of eagles, nests, and eggs

Migratory Bird Treaty Act

• Prohibits taking, killing, possession, transportation, and/or importation of individual birds including their eggs and chicks and active nests

Page | 2‐33

Existing Resources

• Representative species

• Fisheries classification(s)

– Coldwater/warmwater

– Freshwater / estuarine / marine / anadromous

• Invasive species

• Fisheries of special concern

– Oyster beds

– Essential fish habitat

– Marine sanctuaries

Impact Analysis

• Description of impact by project component

• Habitat loss / conversion

• Water intakes

• Downstream impacts

• Construction noise

• Over-water lighting

• Measures proposed to avoid and/or minimize impacts

Common Omissions

• Consistency with data provided in draft RR 2

• Mesh size for water intakes

• Downstream impacts

• Blasting

• Related consultation with and incorporation of recommendations from appropriate agencies

• Fishery Construction Timing

- Coldwater: June 1 – Sept 30

- Cool and warmwater: June 1 – Nov 30

Existing Resources

• Representative species and habitats

• MMPA

• Big Game

• Migratory Bird Treaty Act

– Executive Order 13186, MOU

– FERC’s Plan

• No operational clearing between April 15 and August 1

Impact Analysis

• Direct and indirect impacts

• Displacement to adjacent suitable habitats

• Increased noise and lighting

• Minimization and avoidance measures

• Agency recommendations and coordination

Additional Considerations

• Project-specific impact analysis

(e.g., forest fragmentation, barriers to wildlife movement)

• Migratory bird impact avoidance plan

• Consistency with vegetation section, as well as RRs 2

• Timing restrictions

Page | 2‐34

Existing Resources

• Vegetation communities and representative species

• Communities of special concern

• Exotic or invasive species

Impact Analysis

• Temporary and permanent impacts

– Habitat loss

– Conversion

• Minimization and avoidance measures

• Restoration measures

– Agency coordination

– Landowner coordination

(e.g., restoration within agricultural lands)

• Fragmentation

• High Quality Communities

Note: Although they will not be exactly the same, ensure consistency between the wildlife, wetlands, vegetation, and land use sections.

• Agency correspondence

– Species lists

– Survey planning

• Survey report(s)

• Species-specific avoidance plans

• Applicant-prepared draft

Biological Assessment, Biological Evaluation, EFH Assessment

• Measures to avoid and/or minimize impacts

• Agency recommendations and documentation of early coordination.

Common Omissions

• Documentation of agency correspondence

• Complete project description in correspondence with agencies

• Information required by other agencies that will use the FERC’s NEPA document

• Survey Reports

Common Name Scientific Name

Federal Status

State Status Parish

Project Components (facility/mile post) Potential Project Impacts and Habitat

Assessment Bald eagle

Haliaeetus leucocephalus

D E Calcasieu Compressor Station 1

Impacts are not anticipated Nesting typically occurs in mature trees in or near cypress/tupelo swamps, fresh to intermediate marshes, or open water.

No suitable habitat is present in or adjacent to Compressor Station 1.

Piping plover Charadrius melodus

T, CH T / E Cameron Lateral 1 Impacts are not anticipated Species overwinters near the Gulf of Mexico.

Wintering habitat includes sandy beaches along the shoreline of the Gulf of Mexico. No suitable wintering habitat would be affected by Lateral 1.

No destruction or adverse modification of critical habitat

The nearest designated critical habitat is over 20 miles south of Lateral 1 and includes the shoreline on either side of the entrance to the Calcasieu Ship Channel. Therefore, no impacts on designated critical habitat are anticipated.

For illustration purposes only. Examples can be found on eLibrary.

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Big game wintering range

Coldwater fisheries

Marbled murrelet nesting

Bald eagle nesting

For illustration purposes only. Examples can be found on eLibrary.

Page | 2‐35

• Identify any needed exclusion areas for special status species

• Plan for management of trash and food debris on the right-of-way

• Consult with agencies and develop wildlife mitigation plans

• Protective measures could include:

– Hard plugs, escape ramps, breaks in spoil piles

– Biological Monitors

– Construction timing windows

– Pre-construction or pre-activity surveys

– Blasting restrictions

– Restricted clearing and grading areas. Buffers and fencing.

Page | 2‐36

A pipeline company seeks information from the state endangered species agency by sending the agency a letter. The state responds, by letter, with a list of measures the company should implement. The company files both sets of correspondence in the record and indicates consultation is complete.

What would FERC do in this circumstance?

The U.S. Fish and Wildlife Service has indicated that an applicant’s project may affect federally-listed species. What are some things the applicant could propose to avoid/minimize impacts?

1. The species is dependent on a wetland along the current alignment.

2. The species is migratory, and is only found in the area throughout the summer.

3. The species is dependent on the very trees the applicant must cut down for the project.

C o o rd in at io n /C o n su lt at io n s

•SHPO

•THPO

•Tribes

•Federal Land Managing Agencies In ve st ig at io n s

•Area of Potential Effect

•Research Design/Survey Protocols

•Ethnography

R ep o rt s an d P la n s •Overview/

Survey

•Testing or Evaluation Results

•Treatment Plans

•Unanticipated Discoveries Plan

Refer to FERC’s guidance document “Guidance for Reporting on Cultural Resources Investigations”, 18 CFR §380.12(f), and 36 CFR §800

Page | 2‐37

National Historic Preservation Act

• Section 106 requires FERC to take into account impacts of its undertakings on historic properties

• Affords the Advisory Council on Historic

Preservation an opportunity to comment

Existing Resources

• Historic properties listed in or eligible for listing in the NRHP, including prehistoric or historic:

– sites

– districts

– buildings/structures

– objects

– traditional religious or cultural importance

Impact Analysis

• NRHP eligibility and effects determinations made by FERC in consultation with

– SHPO

– Land managing agencies

– Tribes

• Reports and plans

– Overview, Survey, and Evaluation

Report

– Unanticipated Discoveries Plan

– Treatment Plan may be required if

NRHP-eligible resources will be affected

Common Omissions

• Letters with attachments, emails, and meeting notes

• Comments from SHPOs, THPOs, and land managing agencies

• Definition of both the direct and indirect APE (may be different for archaeology, architecture, and ethnography)

• Clear maps of survey coverage

Penalties for collecting, destroying, or failing to report discovered artifacts or archaeological sites can include: termination, monetary fines, or imprisonment.

• Project sponsors should:

– use ethnographic data and information from the SHPO to identify Tribes to be contacted

– initiate communications early in the process, and follow-up, prior to conducting field work

– provide information, reports, etc., as requested

– consider providing an opportunity to participate in cultural resources field investigations, and monitor construction activities, if requested

• The FERC is responsible for government-to-government consultations with federally-recognized Tribes

Page | 2‐38

• Stop work immediately in the vicinity

• Do not disturb or collect artifacts or bones

• Protect the site from disturbance

• Notify the EI or Cultural Resource/Tribal Monitor

• Notify appropriate agencies and Tribes as required

(FERC, SHPO, local law enforcement, etc.)

• Do not resume work until instructed to do so

Treat human remains with respect – no photos or videos; protect them.

Page | 2‐39

1. Only a SHPO clearance letter is provided in Resource Report 4. What else should be included?

2. A project has an unanticipated discovery plan, which calls for FERC notification in the event of any discovery.

During construction, an old bone was uncovered by an equipment operator. The operator stopped and called over his boss. Together, they decided it was an old cow bone, and they proceeded with construction in the area.

What went wrong here?

Existing Resources

• Population and Housing

• Employment and Revenue

• Infrastructure and

Transportation

• Disadvantaged and

Minority Communities (Environmental Justice)

18 CFR §380.12(g)

Impact Analysis

• Impacts of construction and operation personnel on:

– population

– housing

– infrastructure and services (school, police, fire)

– tourism

• Employment and revenue generated by the project and impacts on local communities

• Traffic-related impacts during construction due to construction worker commutes, road crossings, in-road construction

Common Omissions

• Existing traffic levels

• Traffic Management Plans

• Number of permanent employees

• Economic impacts on communities, including tourism

An applicant files a small project at FERC to loop a few miles of pipeline, which was just installed 3 years prior.

1. Would they need to file a Resource Report 5?

Why or why not?

2. Would they need to include a section on environmental justice if the project crosses federal lands owned by the U.S. Army Corps of Engineers?

Page | 2‐40

Existing Resources

• Geomorphologic and Geologic Conditions

– Regional and Site (Project) Specific

• Geologic Hazards

• Mineral Resources

• Blasting and Shallow Bedrock

• Geotechnical Investigations

- Underground Storage Facilities

- Hazardous Conditions

- LNG or HDDs

• Paleontological Resources 18 CFR §380.12(h)

Common Omissions

• Assessments of:

– HDD feasibility, risk, and measures to mitigate risk

– Paleontological resources

– Effects of sea level rise

• Blasting plans

• Seismicity ‐ Peak Ground Acceleration (PGA) with 2% in 50 Years (above ground facilities; PGA with 10% in 50 Years (Pipeline facilities)

• Holocene-Age Faults

• Soil Liquefaction

‐ Potential for saturated (near-surface water table, and loose sandy soil conditions) combined with the potential for strong ground shaking

• Landslides and steep slopes

• Ground Subsidence and Karst

• Flooding and Storm Surge

• Existing or potentially exploitable resources

- both crossed and nearby

• Summary of impacts and losses

• Discussions with affected parties

• Measures to minimize impacts

Page | 2‐41

• Locations, impacts, and proposed mitigation

Pipeline Diameter/County

Milepost Crossing

Length (feet)

Depth to Bedrock (inches)

Bedrock TypeBeginning Ending

30‐inch pipeline

Dodge 29.8 30.2 1824 24 Hard

30.2 30.2 202 30 Hard

30.4 30.4 181 24 Soft

31.9 32.2 1354 30 Hard

35.3 35.5 405 30 Hard

35.5 35.5 105 30 Hard

20‐inch Pipeline

Brown 84.5 84.5 315 15 Hard

93.1 93.1 84 30 Soft

Total 4470

• LNG and Underground Storage Facilities (Salt Caverns, Depleted Reservoirs, Aquifers)

• Other Geotechnical Investigations

- Hazardous Condition Evaluations

(Karst Terrain, Slope Movement, etc.)

• HDD Geotechnical Borings

- Conditions and Associated Risks

(Cobbles, Bedrock, etc.)

- Monitoring Plans

- Mitigation and Contingency Plans

• Paleontological Evaluations and Plans

The applicant plans to horizontally directional drill a waterbody but does not have access near the crossing to conduct geotechnical investigations.

Wh…