[Federal Register: February 27, 2004 (Volume 69, Number 39)]
[Page 9344-9348]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe04-74]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[USCG 2004-16877]
Cabrillo Port Liquefied Natural Gas Deepwater Port License
Application; Environmental Impact
AGENCY: United States Coast Guard, DHS; Maritime Administration, DOT.
ACTION: Notice of intent; notice of preparation; notice of public
meetings; and request for public comments.
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SUMMARY: The Coast Guard and the Maritime Administration (MARAD)
announce their intent to prepare a joint environmental impact
statement/environmental impact report (EIS/EIR), pursuant to a
Memorandum of Agreement with the California State Lands Commission
(CSLC), in connection with this application for a proposed liquefied
natural gas (LNG) deepwater port (DWP) that would be located
approximately 13.9 miles offshore of Ventura County, California. The
joint EIS/EIR will be prepared with the CSLC because the applicant has
also filed a CSLC land lease application for subsea pipelines through
State waters to deliver natural gas to shore. The joint EIS/EIR will
meet the requirements of both the National Environmental Policy Act
(NEPA) and the California Environmental Quality Act (CEQA). This notice
announces public meetings to be held in connection with the joint EIS/
EIR, requests public comment on the scope of the joint EIS/EIR, and
serves as a notice of preparation (NOP) for the purposes of California
law.
DATES: Comments or related material must be received by March 31, 2004,
at 2 p.m. Pacific Standard Time. Meeting dates are March 15, 2004,
(Oxnard, California) and March 16, 2004 (Malibu, California).
ADDRESSES: The Coast Guard, MARAD, and CSLC will conduct an open house,
followed by a public scoping meeting, to receive oral or written
testimony at the following times and places: Monday, March 15, 2004,
Oxnard Performing Arts Center, 800 Hobson Way, Oxnard, California
93030, (805) 486-2424.
Open House: 9:30 a.m. to 11:30 a.m., and 4 p.m. to 6 p.m.
Public Scoping Meetings: 12 p.m. to 3 p.m., and 6:30 p.m. to 9:30
p.m.
Tuesday, March 16, 2004, Malibu High School Auditorium, 30215
[[Page 9345]]
Morningview Drive, Malibu, California 90265, (310) 457-6801.
Open House: 4 p.m. to 6 p.m.
Public Scoping Meeting: 6:30 p.m. to 9:30 p.m.
All public scoping meeting spaces will be wheelchair-accessible.
Individuals may request special accommodations for the public scoping
meetings, such as real-time translation. Contact Cy Oggins, CSLC, at
(916) 574-1884 or ogginsc@slc.ca.gov if special accommodations are
required. Requests should be made as soon as possible but at least
three (3) business days before the scheduled meeting. Include the name
and telephone number of the contact person, the timelines for
requesting accommodations, and a TDD number that can be used by
individuals with hearing impairments.
It is not necessary to present comments at more than one meeting.
One need not attend a meeting in order to comment. Comments may also be
sent using one of the following methods (identify the subject of the
comment by using the docket number, USCG-2004-16877):
(1) Electronically through the Web site for the Docket Management
System, at http://dms.dot.gov.
(2) By mail to the Docket Management Facility, U.S. Department of
Transportation, Room PL-401, 400 Seventh Street SW., Washington, DC
20590-0001.
(3) By fax to the Docket Management Facility at (202) 493-2251.
(4) By delivery to Room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street SW., Washington, DC, from 9 a.m. to 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 366-9329.
The Docket Management Facility maintains the public docket for this
notice. Comments and material received from the public will become part
of this docket and will be available for inspection or copying in Room
PL-401 on the Plaza level of the Nassif Building, 400 Seventh Street
SW., Washington, D.C., from 9 a.m. to 5 p.m. Monday through Friday,
except Federal holidays. This docket may also be found on the Internet
at http://dms.dot.gov.
(5) In addition, comments may be made by mail or email to Cy
Oggins, California State Lands Commission, 100 Howe Avenue, Suite 100-
South, Sacramento, California 95825; ogginsc@slc.ca.gov or
electronically through the project Web site at http://www.cabrilloport.ene.com.
Include the docket number, USCG-2004-16877,
and State Clearinghouse number. However, if one of these comment
submittal methods is used, the comment will also be entered in the
Docket Management Facility docket.
FOR FURTHER INFORMATION CONTACT: Information pertaining to the proposed
Cabrillo Port Project is available online at http://dms.dot.gov, http://www.slc.ca.gov, or http://www.cabrilloport.ene.com. Questions
regarding the proposed Project, the license application process, or the
EIS/EIR process may be directed to Commander Mark Prescott, USCG, (202)
267-0225 (mprescott@comdt.uscg.mil), Keith Lesnick, MARAD, 202-366-1624
Keith.Lesnick@marad.dot.gov) or Cy Oggins, CSLC, (916) 574-1884
ogginsc@slc.ca.gov). Questions regarding viewing or submitting
materials to the docket may be directed to Andrea M. Jenkins, Program
Manager, Docket Operations, (202) 366-0271.
This public notice may be requested in an alternative format, such
as Spanish translation, audiotape, large print, or Braille. Contact Cy
Oggins, CSLC, (916) 574-1884 (ogginsc@slc.ca.gov), or visit http://www.cabrilloport.ene.com
.
SUPPLEMENTARY INFORMATION:
Public Meetings and Request for Comments
As discussed under ADDRESSES, the Coast Guard, MARAD, and CSLC plan
to conduct meetings related to preparation of the joint EIS/EIR for the
proposed Project. The open houses will be informal opportunities to ask
questions and receive information regarding the Project. The public
scoping meetings will be structured to provide interested members of
the public with an opportunity to present comments regarding the
approach and conduct of the environmental analysis. Speakers at the
public scoping meetings will be recognized in the following order:
elected officials, public agencies, individuals or groups in the sign-
up order, and anyone else who wishes to speak. Speakers may be asked to
limit their oral comments to three (3) minutes in order to afford
everyone an opportunity to speak. Written comments will also be
accepted. Please notify Cy Oggins, CSLC, (916) 574-1884
ogginsc@slc.ca.gov), as soon as possible, but at least three (3)
business days before the scheduled meeting, if translation of written
materials is required.
The Coast Guard, MARAD, and CSLC also encourage submittal of
comments and related material regarding this notice using one of the
methods described under ADDRESSES. The Coast Guard, MARAD, and CSLC are
most interested in receiving comments that identify potentially
significant impacts, alternatives, or mitigation measures that should
be taken into account in determining the scope of the joint EIS/EIR.
Background Information
A notice of application for the proposed Cabrillo Port DWP was
published in the Federal Register (FR) on January 27, 2004 (69 FR
3934). Consult that notice for additional information regarding the
proposed DWP and the moorings that would be installed on the floor of
the Pacific Ocean approximately 13.9 miles offshore of Ventura County,
California.
Congress first authorized DWPs in 1974. Federal law (33 United
States Code [U.S.C.] 1501 et seq.) defines a DWP as any fixed or
floating manmade structure other than a vessel, or any group of such
structures, that is located beyond State seaward boundaries, and that
is used or intended for use as a port or terminal for the
transportation, storage, or further handling of oil or natural gas for
transportation to any state. All DWPs require Federal licenses, which
may be granted or denied by the Maritime Administrator based on an
application process administered by the Coast Guard and MARAD. Part of
that process involves assessment of the proposed DWP's environmental
impact, in compliance with the National Environmental Policy Act (NEPA)
of 1969 (42 U.S.C. 4332), and in consultation with States that are
adjacent to the proposed DWP's location. For the purposes of the
Cabrillo Port application, California is an adjacent State. The Coast
Guard has determined that compliance with the NEPA requires preparation
of an EIS. The CSLC has determined that the proposed DWP would need a
CSLC land lease for subsea pipelines through State waters to deliver
the natural gas to shore, and that compliance with the California
Environmental Quality Act (CEQA) requires preparation of an EIR.
Because of the many similarities between an EIS and an EIR, the Coast
Guard (in coordination with MARAD) and CSLC have agreed to cooperate in
preparing a single document that can satisfy both the NEPA and the
CEQA. For the State of California's purposes, this notice serves as an
NOP, notice of public scoping meetings, and request for comments.
Proposed Action
The Applicant is proposing to construct and operate an offshore
floating storage and regasification unit (FSRU) that would be moored in
Federal
[[Page 9346]]
waters approximately 13.9 miles offshore of Ventura County in 2,900
feet of water. As proposed, LNG from the Pacific basin would be
delivered by tanker to, and offloaded onto, the FSRU; re-gasified; and
delivered onshore via two new 21.1-mile- (33.8-kilometer-) long, 24-
inch-diameter natural gas pipelines laid on the ocean floor. These
pipelines would come onshore at Ormond Beach near Oxnard, Ventura
County. New 14.9-mile- (24-kilometer-) and 7.4-mile- (11.9- kilometer-)
long pipeline loops would also be constructed to connect the offshore
pipeline with the existing Southern California Gas Company intrastate
pipeline system to distribute natural gas throughout the Southern
California region. The facilities would be designed to deliver a peak
of up to 1.5 billion cubic feet per day (bcf/d), with an anticipated
average rate of 0.6 to 0.9 bcf/d.
The DWP's offloading facilities would be designed to accommodate
LNG carriers ranging in capacity from 100,000 to 220,000 cubic meters
(m3). The FSRU would be permanently moored, and would use a
turret system (a tower-like revolving structure) to allow the FSRU to
weathervane (rotate) around a fixed point. The FSRU, which would be
designed for loading LNG from a side-by-side, moored LNG tanker, would
be shaped like another vessel, double-sided, double-bottomed, and 938
feet (286 meters) long and 213 feet (65 meters) wide, with a
displacement of approximately 190,000 deadweight tons.
Ships would be berthed and unloaded on the starboard side of the
FSRU. The FSRU would store LNG in three Moss spherical tanks. Each tank
would have a 91,000-m3 LNG storage capacity, and the total
FSRU LNG storage capacity would be 273,000 m\3\. Onboard utilities and
systems associated with FSRU operations would include electric power
generation and distribution, instrumentation and controls, and fire and
safety systems. According to the applicant, the DWP would include all
marine systems, communications, navigation aids, and equipment
necessary to safely conduct LNG carrier operations and receive product.
This will be independently analyzed in the EIS/EIR.
A 200-foot- (60.9-meter-) wide right-of-way would be set aside for
the construction, with permanent rights-of-way in all offshore areas in
which the 24-inch (0.762-meter) pipelines would be laid. The submarine
pipelines would be buried from the 13-meter water depth approximately
0.3 mile (0.48 kilometer) offshore to its landfall at Ormond Beach
within the city limits of Oxnard, and would be installed using the
horizontal directional drilling technique. The underground pipelines
would pass beneath Ormond Beach east of the Reliant Ormond Beach
Generating Station in Oxnard. Gas would be metered at a small facility
located inland approximately 0.4 mile (0.64 kilometer). The facility
would include a metering station, pig launcher/receiver, and odorant
station. The onshore pipeline would continue through Ventura County
into Los Angeles County. It would be constructed mainly adjacent to
existing rights-of-way.
The Coast Guard and CSLC intend to prepare a joint EIS/EIR
consistent, with the Deepwater Port Act (DWPA) of 1974, as amended (33
U.S.C. 1501 et seq.); the NEPA (Section 102[2][c]), as implemented by
Council on Environmental Quality regulations (40 Code of Federal
Regulations 1500 to 1508); DOT Order 5610.1C (``Procedures for
Considering Environmental Impacts''); Coast Guard policy (Commandant's
Instruction M16475.1D); and the CEQA (California Public Resources Code
Sec. Sec. 21000 et seq.) as implemented by the State CEQA Guidelines
(14 California Code of Regulations Sec. Sec. 15000 et seq.).
The environmental review and analysis will be performed according
to the timeline prescribed by the DWPA. These activities must be
completed within 356 days. The period to complete all NEPA/CEQA
documents is approximately 240 days. This timeline will govern the
activities related to the processing of the license application and the
completion of all NEPA- and CEQA-related actions needed to support the
decision regarding whether to approve, approve with conditions, or
disapprove the proposed license/lease.
Currently Identified Environmental Issues
The NEPA and CEQA require agencies to consider environmental
impacts that may result from a proposed action, to inform the public of
potential impacts and alternatives, and to facilitate public
involvement in the assessment process. The EIS/EIR for Cabrillo Port
will describe in detail the nature and extent of the environmental
impacts of the proposed action and each alternative, and will discuss
appropriate mitigation measures for any adverse impacts. The EIS/EIR
will include, among other matters, discussions of the purpose and need
for the proposed action, a description of alternatives, a description
of the affected environment, an evaluation of the environmental impacts
of the proposed action and alternatives, and explanations of proposed
mitigation. The EIS/EIR will assess the impacts of the alternatives on
the natural and human environment, including approving or not approving
(no-action alternative) the license application to construct and
operate the DWP.
The EIS/EIR will consider a reasonable range of alternatives,
including the no-action/no project alternative, which for this Project
would mean that MARAD would not approve the application for the DWP and
CSLC would not approve the application for the lease of the subsea
pipelines right-of-way.
Environmental issues that will require detailed analysis include,
but are not necessarily limited to: Aesthetics
Alteration of the viewshed by construction and
operations.
Air Quality
Impacts on regional air quality, including
visibility and other resources in sensitive Federal Class I areas
(e.g., Channel Islands National Park).
Geological Resources and Soils
Impacts on facilities from seismic hazards;
Impacts on onshore facilities from liquefaction;
Erosion and dust; and
Sand migration and scour at Ormond Beach.
Hazardous Materials (HAZMAT)
Impacts from HAZMAT spills (including petroleum,
LNG, hydrocarbons, fuels, lubricant, urea, paints, solvents, and
sanitary waste).
Marine Transportation
Disruption in marine transportation, adversely
affecting existing ship traffic to and from the ports of Port Hueneme
and Oxnard;
Potential navigational hazards to marine
traffic; and
An increase in tanker travel to and from the
FSRU, which could disrupt marine traffic to local ports or harbors.
Marine Biology
Vessels potentially striking sea turtles and
marine mammals;
Crushing and displacement of benthic communities
during construction; and
Effects of increases in turbidity and changes in
water quality, lights, and noise.
Recreation
Impacts on boating and commercial and
recreational fishing opportunities;
Recreational areas possibly being impacted by
noise and/or dust generated during construction;
[[Page 9347]]
Access to the beach or ocean; and
Permanent and temporary areas of restricted
access around the FSRU.
Hazards and Risk/Safety
LNG releases resulting in potential impacts on
third parties from fire, radiant energy, or ignitable gas clouds
(mainly to passengers of small craft operating near the FSRU);
Effects of ``cold water'' resulting from LNG
release to marine mammals; and
Effects of pipeline failures on humans,
property, and marine and terrestrial ecosystems.
The EIS/EIR will include an independent, site-specific risk
assessment.
Noise
Potential increases in noise levels due to
project construction and operation; and
Effects of noise on local residents,
recreationists, passengers and crews on marine vessels, and marine
mammals.
Terrestrial and Freshwater Biology
Impacts from construction or operation on
wetlands and other habitats, and sensitive species, within the proposed
pipeline landing and corridor areas.
Water Quality
Impacts from LNG or HAZMAT spills, increases in
turbidity, or unearthing of contaminated sediments; and
Increases in shoreline erosion during
construction and operation.
Environmental Justice
Potential disproportionate effects on minority
and low-income populations within the Project area.
The EIS/EIR will identify any relevant populations that might be
disproportionately affected by the proposed Project, and ensure that a
range of reasonable alternatives is identified.
Agricultural Resources
Disruption of existing farmland and prime
farmland located in the Ormond Beach area and along the onshore
pipeline rights-of-way.
Cultural Resources
Potential adverse and cumulative adverse effects
on existing and as yet unidentified cultural resources, offshore and
onshore.
Energy and Mineral Resources
Restriction of future availability of
exploitable oil and gas resources (and associated government royalties)
due to infrastructure development and restricted access.
Land Use and Traffic
Conflicts with existing land uses, especially in
coastal areas designated for recreational purposes (Ormond Beach);
Impacts on farmland and agricultural areas in
Oxnard;
Impacts on marine resources off the coast of
Oxnard, including the Channel Islands National Marine Sanctuary and
Channel Islands National Park; and
Disruptions to traffic use and patterns.
Population and Housing
Impacts on the existing community character and
development, population, housing, infrastructure and social services,
employment, and the regional economic base.
Cumulative Impacts: The EIS/EIR will evaluate the cumulative
effects of the Project associated with each environmental issue area.
These include the incremental effects of past projects, other current
projects, and probable future projects, including the offshore LNG
facility proposed by Crystal Energy and the Sound Energy Solutions LNG
project proposed for the Port of Long Beach, along with the cumulative
effects of other major projects in the area.
No-Action/No Project Alternative: The EIS/EIR will examine the
impacts of not approving the DWP license application.
Alternative Offshore Locations: The EIS/EIR will consider an
alternative location in the vicinity of the proposed Project, and other
locations adjacent to the California coast. Local alternatives include
sites near the Santa Barbara Channel and Anacapa Island.
Land-Based Alternatives: The California Legislature mandated the
evaluation of land-based LNG sites. Land-based alternatives previously
considered by California agencies will be considered again, including
sites at Point Conception and Camp Pendleton.
Alternative Technologies: Alternative Project technologies,
including open-rack vaporizers and alternative floating facility
designs, also will be evaluated.
Alternative Pipeline Routes: The EIS/EIR will also evaluate an
alternative submarine pipeline route and an alternative onshore
pipeline route.
The major Federal and State permit, approval, and consultation
requirements for Cabrillo Port include, but are not necessarily limited
to, the following:
Federal
DOT/MARAD--DWP license;
DHS/U.S. Coast Guard--DWP license;
U.S. Environmental Protection Agency (EPA)--
Title V Federal operating permit and Prevention of Significant
Deterioration preconstruction review;
EPA--Clean Water Act (CWA) stormwater and
wastewater discharge permits;
Advisory Council on Historic Preservation--
Section 106, National Historic Preservation Act (NHPA);
U.S. Army Corps of Engineers (USACE)--Waterways
permit under Section 404, CWA;
USACE--Section 10, Rivers and Harbors Act;
U.S. Fish and Wildlife Service--Section 7,
Endangered Species Act (ESA);
National Oceanic and Atmospheric Administration
(NOAA), NOAA Fisheries--Section 7, ESA;
NOAA Fisheries--Magnuson-Stevens Fishery and
Conservation and Management Act;
NOAA Fisheries--Marine Mammal Protection Act;
and
Federal Communication Commission--
Telecommunications license.
California
CSLC--Right-of-way lease;
California Coastal Commission--Compliance with
California Coastal Act and consistency with California Coastal
Management Program;
California Department of Transportation--
Encroachment permits;
Los Angeles Regional Water Quality Control Board
(RWQCB)--CWA Section 401 certification;
Los Angeles RWQCB--Hydrostatic test water
discharge permit;
California Department of Fish and Game--
California ESA consultation and stream alteration agreements; and
State Historic Preservation Officer--Section 106
NHPA consultation.
Availability of EIS/EIR
A notice of availability (NOA) will be published in the Federal
Register when the draft EIS/EIR is available, and CSLC will issue
notices of availability and completion. The draft EIS/EIR in hard-copy
or electronic format will be distributed to agencies and interested
parties that have requested copies. Anyone who wishes to comment on the
draft report will be provided with an opportunity to review the draft
EIS/EIR and to offer comments on the environmental effects of the
Project. Comments received during the draft EIS/EIR review period will
be available in the public docket and responded to in the final EIS/
EIR. An NOA of the final EIS/EIR will also be published in
[[Page 9348]]
the Federal Register, and CSLC will issue notices of availability and
completion.
Dated: February 24, 2004
Joseph J. Angelo,
Director of Standards, Marine Safety, Security and Environmental
Protection, U.S. Coast Guard.
Raymond R. Barberesi,
Director, Office of Ports and Domestic Shipping, U.S. Maritime
Administration.
[FR Doc. 04-4407 Filed 2-24-04; 2:45 pm]
BILLING CODE 4910-15-P