[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Page 43641]
[FR Doc No: 2017-19782]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Opportunity for Public Comment on a Land Use Change
From Aeronautical to Non-Aeronautical Use for 4.2 Acres of Airport Land
for Solar Farm Use at Newport Airport, Middletown, RI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comments.

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SUMMARY: Notice is being given that the FAA is considering a request
from the Rhode Island Airport Corporation (RIAC), to change the current
land use from aeronautical use to non-aeronautical use of a 4.2-acre
parcel of land. The parcel is located in the western quadrant of the
airport. The Airport Layout Plan was updated with a Pen and Ink Change
to designate the parcel for non-aeronautical use. The annual savings in
electrical costs created by the solar farm will offset the fair market
value of the land lease over the lease period.

DATES: Comments must be received on or before October 16, 2017.

ADDRESSES: You may send comments using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, and follow the instructions on providing comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W 12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Interested persons may inspect the request and supporting documents
by contacting the FAA at the address listed under FOR FURTHER
INFORMATION CONTACT PERSON.

FOR FURTHER INFORMATION CONTACT: Mr. Jorge E. Panteli, Compliance and
Land Use Specialist, Federal Aviation Administration New England Region
Airports Division, 1200 District Avenue, Burlington, Massachusetts
01803. Telephone:<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts on September 6, 2017.
Richard Doucette,
Acting Manager, ANE-600.
[FR Doc. 2017-19782 Filed 9-15-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38073-38076]
[FR Doc No: 2023-12474]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65. The currently
effective community number is shown and must be used for all new
policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Nicholas A. Shufro,
Deputy Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

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                                                Chief executive officer of                                                                    Community
   State and county    Location and case No.             community               Community map repository         Date of modification           No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Montgomery (FEMA   Town of Pike Road (22- The Honorable Gordon Stone,     Town Hall, 9575 Vaughn Road,   Jun. 2, 2023..................       010433
     Docket No.: B-     04-4846P).             Mayor, Town of Pike Road,       Pike Road, AL 36064.
     2321).                                    P.O. Box 640339, Pike Road,
                                               AL 36064.
    Montgomery (FEMA   Unincorporated areas   The Honorable Doug Singleton,   Montgomery County Engineering  Jun. 2, 2023..................       010278
     Docket No.: B-     of Montgomery County   Commissioner, Montgomery        Department, 100 South
     2321).             (22-04-4846P).         County Commission, P.O. Box     Lawrence Street, 2nd Floor,
                                               1667, Montgomery, AL 36102.     Montgomery, AL, 36104.
Colorado:
    Douglas (FEMA      Town of Castle Rock    The Honorable Jason Gray,       Water Department, 175 Kellogg  Apr. 28, 2023.................       080050
     Docket No.: B-     (22-08-0258P).         Mayor, Town of Castle Rock,     Court, Castle Rock, CO
     2321).                                    100 North Wilcox Street,        80109.
                                               Castle Rock, CO 80104.
    Douglas (FEMA      Unincorporated areas   The Honorable Abe Laydon,       Douglas County Department of   Apr. 28, 2023.................       080049
     Docket No.: B-     of Douglas County      Chair, Douglas County Board     Public Works, 100 3rd
     2321).             (22-08-0258P).         of Commissioners, 100 3rd       Street, Castle Rock, CO
                                               Street, Castle Rock, CO         80104.
                                               80104.
Florida:
    Broward (FEMA      Town of Hillsboro      Mac Serda, Manager, Town of     Building Department, 1210      May 1, 2023...................       120040
     Docket No.: B-     Beach (22-04-4947P).   Hillsboro Beach, 1210           Hillsboro Mile, Hillsboro
     2321).                                    Hillsboro Mile, Hillsboro       Beach, FL 33062.
                                               Beach, FL 33062.
    Manatee (FEMA      Unincorporated areas   Scott Hopes, Manatee County     Manatee County Building and    Apr. 28, 2023.................       120153
     Docket No.: B-     of Manatee County      Administrator, 1112 Manatee     Development Services
     2304).             (22-04-4852P).         Avenue, West Bradenton, FL      Department, 1112 Manatee
                                               34205.                          Avenue, West Bradenton, FL
                                                                               34205.
    Monroe (FEMA       Unincorporated areas   The Honorable Craig Cates,      Monroe County Building         May 4, 2023...................       125129
     Docket No.: B-     of Monroe County (23-  Mayor, Monroe County Board of   Department, 2798 Overseas
     2321).             04-0047P).             Commissioners, 500 Whitehead    Highway, Suite 300,
                                               Street, Suite 102, Key West,    Marathon, FL 33050.
                                               FL 33040.
    Polk (FEMA Docket  Unincorporated areas   Bill Beasley, Manager, Polk     Polk County Administration     Apr. 27, 2023.................       120261
     No.: B-2314).      of Polk, County (22-   County, 330 West Church         Building, 330 West Church
                        04-2127P).             Street, Bartow, FL 33831.       Street, Bartow, FL 33831.
Georgia: Columbia      Unincorporated areas   The Honorable Douglas R.        Columbia County Engineering    May 4, 2023...................       130059
 (FEMA Docket No.: B-   of Columbia County     Duncan, Jr., Chair, Columbia    Services Division,
 2321).                 (21-04-3381P).         County Board of                 Stormwater Compliance
                                               Commissioners, 630 Ronald       Department, 630 Ronald
                                               Reagan Drive, Building B,       Reagan Drive, Evans, GA
                                               Evans, GA 30809.                30809.
Maryland:
    Baltimore (FEMA    Unincorporated areas   The Honorable John A.           Baltimore County Department    May 19, 2023..................       240010
     Docket No.: B-     of Baltimore County    Olszewski, Jr., Baltimore       of Public Works and
     2321).             (22-03-0752P).         County Executive, 400           Transportation, 111 West
                                               Washington Avenue, Towson, MD   Chesapeake Avenue, Room 205,
                                               21204.                          Towson, MD 21204.
    Frederick (FEMA    City of Frederick (22- The Honorable Michael           City Hall, 101 North Court     Apr. 26, 2023.................       240030
     Docket No.: B-     03-0336P).             O'Connor, Mayor, City of        Street, Frederick, MD 21701.
     2304).                                    Frederick, 101 North Court
                                               Street, Frederick, MD 21701.
    Frederick (FEMA    Unincorporated areas   The Honorable Jessica           Frederick County Division of   Apr. 26, 2023.................       240027
     Docket No.: B-     of Frederick County    Fitzwater, Frederick County     Planning and Permitting, 30
     2304).             (22-03-0336P).         Executive, 12 East Church       North Market Street,
                                               Street, Frederick, MD 21701.    Frederick, MD 21701.
Montana:
    Missoula (FEMA     City of Missoula (22-  Jordan Hess, Mayor, City of     City Hall, 435 Ryman Street,   May 22, 2023..................       300049
     Docket No.: B-     08-0126P).             Missoula, 435 Ryman Street,     Missoula, MT 59802.
     2321).                                    Missoula, MT59802.
    Missoula (FEMA     Unincorporated areas   Chris Lounsbury, Chief          Missoula County Department of  May 22, 2023..................       300048
     Docket No.: B-     of Missoula County     Administrative Officer,         Planning, Development and
     2321).             (22-08-0126P).         Missoula County, 200 West       Sustainability, 127 East
                                               Broadway Street, Missoula, MT   Main Street, Suite 2,
                                               59802.                          Missoula, MT 59802.
New Mexico:
    Dona Ana (FEMA     City of Las Cruces     The Honorable Ken Miyagishima,  Community Development          May 22, 2023..................       355332
     Docket No.: B-     (22-06-1258P).         Mayor, City of Las Cruces,      Department, 700 North Main
     2321).                                    700 North Main Street, Las      Street, Las Cruces, NM
                                               Cruces, NM 88001.               88001.
    Dona Ana (FEMA     Unincorporated areas   The Honorable Manuel Sanchez,   Dona Ana County Flood          May 22, 2023..................       350012
     Docket No.: B-     of Dona Ana County     Chair, Dona Ana County Board    Commission, 845 North Motel
     2321).             (22-06-1258P).         of Commissioners, 845 North     Boulevard, Las Cruces, NM
                                               Motel Boulevard, Las Cruces,    88007.
                                               NM 88007.
North Carolina:        Unincorporated areas   The Honorable Brownie Newman,   Buncombe County Planning and   May 26, 2023..................       370031
 Buncombe (FEMA         of Buncombe County     Chair, Buncombe County Board    Development Department, 46
 Docket No.: B-2321).   (22-04-4158P)          of Commissioners, 200 College   Valley Street, Asheville, NC
                                               Street, Suite 300, Asheville,   28801.
                                               NC 28801.
Oklahoma: Oklahoma     City of Edmond (22-06- The Honorable Darrell A.        Engineering Department,        May 19, 2023..................       400252
 (FEMA Docket No.: B-   0815P).                Davis, Mayor, City of Edmond,   Stormwater Management, 10
 2321).                                        P.O. Box 2970, Edmond, OK       South Littler Avenue,
                                               73083.                          Edmond, OK 73034.

Rhode Island:
    Kent (FEMA Docket  City of Warwick (22-   The Honorable Frank J.          Building Department, 65        Apr. 28, 2023.................       445409
     No.: B-2321).      01-0564P).             Picozzi, Mayor, City of         Centerville Road, Warwick,
                                               Warwick, 3275 Post Road,        RI 02886.
                                               Warwick, RI 02886.
    Providence (FEMA   City of Cranston (22-  The Honorable Kenneth J.        Planning Department, 869 Park  Apr. 28, 2023.................       445396
     Docket No.: B-     01-0564P).             Hopkins, Mayor, City of         Avenue, Cranston, RI 02910.
     2321).                                    Cranston, 869 Park Avenue,
                                               Cranston, RI 02910.
South Carolina:
    Dorchester (FEMA   Town of Summerville    The Honorable Ricky Waring,     Engineering Department, 200    May 18, 2023..................       450073
     Docket No.: B-     (22-04-2209P).         Mayor, Town of Summerville,     South Main Street,
     2321).                                    200 South Main Street,          Summerville, SC 29483.
                                               Summerville, SC 29483.
    Dorchester (FEMA   Town of Summerville    The Honorable Ricky Waring,     Engineering Department, 200    May 18, 2023..................       450073
     Docket No.: B-     (22-04-2210P).         Mayor, Town of Summerville,     South Main Street,
     2321).                                    200 South Main Street,          Summerville, SC 29483.
                                               Summerville, SC 29483.
    Dorchester (FEMA   Unincorporated areas   Jason L. Ward, Dorchester       Dorchester County Building     May 18, 2023..................       450068
     Docket No.: B-     of Dorchester County   County Administrator, 201       Services Department, 500
     2321).             (22-04-2209P).         Johnston Street, St. George,    North Main Street,
                                               SC 29477.                       Summerville, SC 29483.
    Dorchester (FEMA   Unincorporated areas   Jason L. Ward, Dorchester       Dorchester County Building     May 18, 2023..................       450068
     Docket No.: B-     of Dorchester County   County Administrator, 201       Services Department, 500
     2321).             (22-04-2210P).         Johnston Street, St. George,    North Main Street,
                                               SC 29477.                       Summerville, SC 29483.
South Dakota: Beadle   City of Huron (22-08-  The Honorable Gary Harrington,  Engineering Department, 239    May 11, 2023..................       460003
 (FEMA Docket No.: B-   0556P).                Mayor, City of Huron, P.O.      Wisconsin Avenue Southwest,
 2324).                                        Box 1369, Huron, SD 57350.      Huron, SD 57350.
Tennessee: Sumner      City of                The Honorable Jamie Clary,      City Hall, 101 Maple Drive     May 19, 2023..................       470186
 (FEMA Docket No.: B-   Hendersonville (22-    Mayor, City of                  North, Hendersonville, TN
 2324).                 04-4036P).             Hendersonville, 101 Maple       37075.
                                               Drive North, Hendersonville,
                                               TN 37075.
Texas:
    Bexar (FEMA        City of San Antonio    The Honorable Ron Nirenberg,    Public Works Department,       May 1, 2023...................       480045
     Docket No.: B-     (22-06-1472P).         Mayor, City of San Antonio,     Storm Water Division, 1901
     2321).                                    P.O. Box 839966, San Antonio,   South Alamo Street, 2nd
                                               TX 78283.                       Floor, San Antonio, TX
                                                                               78204.
    Collin (FEMA       City of Celina (22-06- The Honorable Sean Terry,       Engineering Department, 142    May 22, 2023..................       480133
     Docket No.: B-     1545P).                Mayor, City of Celina, 142      North Ohio Street, Celina,
     2324).                                    North Ohio Street, Celina, TX   TX 75009.
                                               75009.
    Collin (FEMA       City of Celina (22-06- The Honorable Sean Terry,       Engineering Department, 142    May 16, 2023..................       480133
     Docket No.: B-     1716P).                Mayor, City of Celina, 142      North Ohio Street, Celina,
     2321).                                    North Ohio Street, Celina, TX   TX 75009.
                                               75009.
    Collin (FEMA       City of Celina (22-06- The Honorable Sean Terry,       Engineering Department, 142    May 22, 2023..................       480133
     Docket No.: B-     2884P).                Mayor, City of Celina, 142      North Ohio Street, Celina,
     2324).                                    North Ohio Street, Celina, TX   TX 75009.
                                               75009.
    Collin (FEMA       Town of Prosper (22-   The Honorable David F.          Town Hall, 250 West 1st        May 22, 2023..................       480141
     Docket No.: B-     06-1545P).             Bristol, Mayor, Town of         Street, Prosper, TX 75078.
     2324).                                    Prosper, 250 West 1st Street,
                                               Prosper, TX 75078.
    Collin and Denton  Town of Prosper (22-   The Honorable David Bristol,    Town Hall, 250 West 1st        Apr. 27, 2023.................       480141
     (FEMA Docket       06-0470P).             Mayor, Town of Prosper, 250     Street, Prosper, TX 75078.
     No.: B-2304).                             West 1st Street, Prosper, TX
                                               75078.
    Collin (FEMA       Unincorporated areas   The Honorable Chris Hill,       Collin County Engineering      May 22, 2023..................       480130
     Docket No.: B-     of Collin County (22-  Collin County Judge, 2300       Department, 4690 Community
     2324).             06-2884P).             Bloomdale Road, Suite 4192,     Avenue, Suite 22, McKinney,
                                               McKinney, TX 75071.             TX 75071.
    Denton (FEMA       City of Denton (22-06- The Honorable Gerard Hudspeth,  Capital Projects/Engineering   May 15, 2023..................       480194
     Docket No.: B-     2457P).                Mayor, City of Denton, 215      Department, 401 North Elm
     2324).                                    East McKinney Street, Suite     Street, Denton, TX 76201.
                                               100, Denton, TX 76201.
    Hidalgo (FEMA      City of McAllen (22-   Roel Roy Rodriguez, Manager,    Engineering Department, 311    May 1, 2023...................       480343
     Docket No.: B-     06-2442P).             City of McAllen, P.O. Box       North 15th Street, McAllen,
     2321).                                    220, McAllen, TX 78505.         TX 78501.
    Hidalgo (FEMA      Unincorporated areas   The Honorable Richard F.        Hidalgo County Drainage        May 1, 2023...................       480334
     Docket No.: B-     of Hidalgo County      Cortez, Hidalgo County Judge,   District No. 1, 902 North
     2321).             (22-06-2442P).         100 East Cano Street, 2nd       Doolittle Road, Edinburg, TX
                                               Floor, Edinburg, TX 78539.      78542.
    Kendall (FEMA      Unincorporated areas   The Honorable Darrel L. Lux,    Kendall County Engineering     May 15, 2023..................       480417
     Docket No.: B-     of Kendall County      Kendall County Judge, 201       and Development Management
     2324).             (22-06-0783P).         East San Antonio Avenue,        Department, 201 East San
                                               Suite 122, Boerne, TX 78006.    Antonio Avenue, Boerne, TX
                                                                               78006.
    Rockwall (FEMA     City of Rockwall (22-  The Honorable Kevin Fowler,     Engineering Department, 385    Apr. 28, 2023.................       480547
     Docket No.: B-     06-2295P).             Mayor, City of Rockwall, 385    South Goliad Street,
     2321).                                    South Goliad Street,            Rockwall, TX 75087.
                                               Rockwall, TX 75087.
    Rockwall (FEMA     Unincorporated areas   The Honorable David Sweet,      Rockwall County Environmental  Apr. 28, 2023.................       480543
     Docket No.: B-     of Rockwall County     Rockwall County Judge, 101      Health Coordinator's Office/
     2321).             (22-06-2295P).         East Rusk Street, Suite 202,    Floodplain Management, 915
                                               Rockwall, TX 75087.             Whitmore Drive, Suite D,
                                                                               Rockwall, TX 75087.

    Tarrant (FEMA      City of Fort Worth     The Honorable Mattie Parker,    Department of Transportation   May 8, 2023...................       480596
     Docket No.: B-     (22-06-1537P).         Mayor, City of Fort Worth,      and Public Works,
     2321).                                    200 Texas Street, Fort Worth,   Engineering Vault & Map
                                               TX 76102.                       Repository, 200 Texas
                                                                               Street, Fort Worth, TX
                                                                               76102.
    Tarrant (FEMA      Unincorporated areas   The Honorable B. Glen Whitley,  Tarrant County Administration  May 8, 2023...................       480582
     Docket No.: B-     of Tarrant County      Tarrant County Judge, 100       Building, 100 East
     2321).             (22-06-1537P).         East Weatherford Street,        Weatherford Street, Suite
                                               Suite 501, Fort Worth, TX       401, Fort Worth, TX 76196.
                                               76196.
    Webb (FEMA Docket  City of Laredo (22-06- The Honorable Victor            Planning and Zoning            May 15, 2023..................       480651
     No.: B-2324).      2664P).                Trevi[ntilde]o, Mayor, City     Department, 1413 Houston
                                               of Laredo, P.O. Box 579,        Street, Laredo, TX 7804.
                                               Laredo, TX 78042.
Virginia: Buchanan     Unincorporated areas   Robert Craig Horn, Buchanan     Buchanan County Government     May 5, 2023...................       510024
 (FEMA Docket No.: B-   of Buchanan County     County Administrator, P.O.      Center, 4447 Slate Creek
 2321).                 (23-03-0007P).         Box 950, Grundy, VA 24614.      Road, 2nd Floor, Grundy, VA
                                                                               24614.
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[FR Doc. 2023-12474 Filed 6-9-23; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Notices]
[Page 56089-56092]
[DOCID:fr15se10-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF10-19-000]

Equitrans, L.P.; Notice of Intent To Prepare an Environmental
Assessment for the Planned Sunrise Pipeline Project, Request for
Comments on Environmental Issues, and Notice of Public Scoping Meeting

September 3, 2010.
    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 Sunrise Pipeline Project
(Project) involving construction and operation of facilities by
Equitrans, L.P. (Equitrans) in Doddridge, Wetzel, Harrison, Marion

and Taylor Counties, West Virginia, and Greene County, Pennsylvania.
This EA will be used by the Commission 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 that 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 need to be evaluated in the EA. Please note that
the scoping period will close on October 4, 2010.
    Comments may be submitted in written form or verbally. Further
details on how to submit written comments are provided in the Public
Participation section of this notice. In lieu of or in addition to
sending written comments, you are invited to attend the public scoping
meetings scheduled as follows:

------------------------------------------------------------------------
        Date and time                           Location
------------------------------------------------------------------------
September 28, 2010, 7 p.m.     Falcon Center, Fairmont State University,
 EDT.                           1201 Locust Avenue, Fairmont, WV 26554.
                                Telephone:<PHONE_NUMBER>.
September 29, 2010, 7 p.m.     Alumni Hall (Miller Hall 3rd Floor),
 EDT.                           Waynesburg University, Main Campus, 51
                                West College Street, Waynesburg, PA
                                15370.Telephone:<PHONE_NUMBER>.
------------------------------------------------------------------------

    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives are asked to notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the planned facilities.
The pipeline company would seek to negotiate a mutually acceptable
agreement. However, if the Project is approved by the Commission, 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 or federal law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility on My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (http://www.ferc.gov). 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.

Summary of the Proposed Project

    Equitrans has announced its plans to construct and operate
approximately 95 miles of 24-inch-diameter pipeline and 14 miles of 16-
inch-diameter pipeline and other facilities in northern West Virginia
and southwestern Pennsylvania. The Sunrise Project would expand its
existing mainline transmission system to address infrastructure
constraints associated with the rapid development of natural gas from
the Marcellus Shale Formation in the central Appalachian Basin.
Equitrans has indicated that the Project would provide additional firm
capacity and offer producers a cost effective option to transport
natural gas to the Mid-Atlantic and Northeastern markets and storage.
    The Sunrise Pipeline Project would consist of the following:
     Installation of four pipeline segments including:
     H-302--Installation of 70.8 miles of 24-inch-diameter
pipeline with portions of the line paralleling existing Equitrans
pipelines (H-527, H-515, H-512, H-111) and a Columbia Gas Transmission
pipeline. This segment would be located in Greene County, Pennsylvania
and Doddridge and Wetzel Counties, West Virginia.
     H-306--Installation of 24.5 miles of 24-inch pipeline,
paralleling the existing Equitrans pipelines: H-557, H-558, H-560, H-
561 and H-562. This segment would be located in Harrison, Marion, and
Wetzel Counties, West Virginia.
     H-307--Installation of 11.5 miles of 16-inch-diameter
pipeline, with a portion of the line paralleling the existing Equitrans
H-558 pipeline and a portion of the line paralleling an existing
Allegheny Power electrical transmission right-of-way. The pipeline
would be located in Taylor and Harrison Counties, West Virginia.
     H-308--Installation of 2.1 miles of 16-inch-diameter
pipeline, paralleling the existing Equitrans H-558 pipeline and
connecting at Equitrans' Lumberport Station to the H-508 and H-509
pipelines. This segment would be located in Harrison County, West
Virginia.
     Construction of construction of two new compressor
stations:
     Jefferson Compressor Station--Approximately 41,000
horsepower (hp) of compression would be installed in Jefferson Borough,
Greene County, Pennsylvania. Up to four separate turbine-driven
compressor units would be installed. Discharge piping would
interconnect with the Texas Eastern Transmission and Dominion
Transmission Systems.
     Shinnston Compressor Station--Approximately 16,000 hp of
compression would be installed near the Harrison Power Station in the
town of Shinnston in Harrison County, West Virginia. Up to five
separate electric-powered reciprocating compressor units would be
installed.
     Construction or modification of other aboveground
facilities including five delivery meter and receipt meter facilities,
10 pig \1\ launcher/receivers; and 18 mainline block valves.
---------------------------------------------------------------------------

    \1\ A pig is an internal tool that can be used to clean and dry
a pipeline and/or to inspect for damage and corrosion.
---------------------------------------------------------------------------

    The general location of the project facilities is shown in appendix
1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of appendices were sent to
all those receiving this notice in the mail and are available at
http://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<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
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Land Requirements for Construction

    Equitrans is still in the planning phase for the Sunrise Pipeline
Project, and workspace requirements have not been finalized at this
time. As currently planned, construction would disturb approximately
1,492 acres of land for the aboveground facilities and the pipeline.
Following construction, about 377 acres would be used for permanent
operation of the project's facilities. The remaining acreage would be
restored and allowed to revert to former uses. As planned, the Project
would mostly parallel existing pipeline systems or linear corridors
along about 105.4 miles or approximately 97 percent of the route.

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
\3\ 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 important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. All comments
received will be considered during the preparation of the EA.
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    \3\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects (OEP).
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    In the EA, we will discuss impacts that could occur as a result of
the construction and operation of the planned 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; and
     Public safety.
    We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before an
application is filed with the FERC. As part of our pre-filing review,
we have begun to contact some federal and state agencies to discuss
their involvement in the scoping process and the preparation of the EA.
    Our independent analysis of the issues will be presented in the EA.
The EA will be placed in the public record and, depending on the
comments received during the scoping process, may be published and
distributed to the public. A comment period will be allotted if the EA
is published for review. We will consider all comments on the EA before
we make our recommendations to the Commission. To ensure your comments
are considered, please carefully follow the instructions in the Public
Participation section on page 6.
    With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EA. These agencies may
choose to participate once they have evaluated the proposal relative to
their responsibilities. 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.

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
Reservation 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 is further
developed. 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 of the Code of Federal Regulations, Part 800.
Historic properties are defined in those regulations as any
prehistoric or historic district, site, building, structure, or
object included in or eligible for inclusion in the National
Register for Historic Places.
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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 they will be received in Washington, DC on or before October 4,
2010.
    For your convenience, there are four methods you can use to submit
your comments to the Commission. In all instances, please reference the
project docket number (PF10-19) with your submission. The Commission
encourages electronic filing of comments and has expert eFiling staff
available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's Web site at www.ferc.gov
under the link to Documents and Filings. An eComment is an easy method
for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at 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 will be asked to select the type of filing you
are making. A comment on a particular project is considered a ``Comment
on a Filing'';
    (3) You may attend and provide comments at the public scoping
meetings. A transcript of each meeting will be made so that your
comments will be accurately recorded which will be included in the
public record; or
    (4) You may file a paper copy of your comments at 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, those 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 planned project.
    If the EA is published for distribution, 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 compact
disc version or would like to remove your name from the mailing

list, please return the attached Information Request (appendix 2).

Becoming an Intervenor

    Once Equitrans files its application with the Commission, 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
included in the User's Guide under the ``e-filing'' link on the
Commission's Web site. Please note that the Commission will not accept
requests for intervenor status at this time. You must wait until a
formal application for the project is filed with the Commission.

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 (http://www.ferc.gov) using the eLibrary link. Click on
the eLibrary link, click on ``General Search'' and enter the docket
number, excluding the last three digits in the Docket Number field
(i.e., PF10-19). Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. 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 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 http://www.ferc.gov/esubscribenow.htm.
    Any public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/
EventsList.aspx along with other related information.
    Finally, to request additional information on the project or to
provide comments directly to the project sponsor, you can contact
Equitrans directly by calling toll free at 1-866-687-5427 or by e-mail
at<EMAIL_ADDRESS>Also, Equitrans has established an Internet Web
site at http://www.sunrise.eqt.com with additional information about
the project.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-22939 Filed 9-14-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45839-45841]
[FR Doc No: 2017-21060]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF17-3-000]

Bonneville Power Administration; Order Approving Rates on an
Interim Basis and Providing Opportunity for Additional Comments

Before Commissioners: Neil Chatterjee, Chairman; Cheryl A. LaFleur,
and Robert F. Powelson.

    1. In this order, we approve on an interim basis Bonneville Power
Administration's (Bonneville) proposed 2018-2019 transmission rates,
with the exception of the rates for transmission service on the
Southern Intertie, which are addressed separately in another order,
pending our further review. We also provide an additional period of
time for parties to file comments.

I. Background

    2. On July 31, 2017,\1\ Bonneville filed a request for interim and
final approval of its transmission rates \2\ in accordance with section
7 of the Pacific Northwest Electric Power Planning and Conservation Act
(Northwest Power Act) \3\ and Part 300 of the Commission's
regulations.\4\ Bonneville projects that the filed rates will produce
average annual transmission revenues of $1.044 billion and annual net
revenues of $4.65 million.\5\ Bonneville asserts that this level of
annual revenues is sufficient to recover its costs for the 2018-2019
rate approval period, while providing cash flow to ensure at least a 95
percent probability of making all payments to the United States
Treasury in full and on time for each year of the rate period.\6\
---------------------------------------------------------------------------

    \1\ Bonneville submitted errata filings on August 7, 2017, and
August 10, 2017, respectively, to correct various attachments to the
July 31, 2017 Transmittal Letter and to add inadvertently omitted
documents to the record.
    \2\ The proposed transmission rates for which Bonneville seeks
approval for the period of October 1, 2017 through September 30,
2019 are: Formula Power Transmission Rate (FPT-18.1); Formula Power
Transmission Rate (FPT-18.3); Integration of Resources Rate (IR-18);
Network Integration Rate (NT-18); Point-to-Point Rate (PTP-18);
Montana Intertie Rate (IM-18) (IM Rate); Use-of-Facilities
Transmission Rate (UFT-18); Advance Funding Rate (AF-18); Townsend-
Garrison Transmission Rate (TGT-18); WECC and Peak Service Rate (PW-
18); Oversupply Rate (OS-18); Eastern Intertie Rate (IE-18);
Ancillary and Control Area Services Rates (ACS-18); and Transmission
General Rate Schedule Provisions. Bonneville July 31, 2017
Transmittal Letter at 3.
    \3\ 16 U.S.C. 839e (2012).
    \4\ 18 CFR pt. 300 (2017).
    \5\ These values are the totals of all of Bonneville's
transmission revenues, inclusive of the transmission rates at issue
in Docket No. EF17-4-000. See Bonneville August 7, 2017 Transmittal
Letter at 2; Bonneville Power Admin., 160 FERC ] 61,113 (2017)
(approving on an interim basis the transmission rates associated
with the Southern Intertie).
    \6\ Bonneville July 31, 2017 Transmittal Letter at 5, 8.
---------------------------------------------------------------------------

II. Notice of Filing

    3. Notice of Bonneville's July 31, 2017 filing was published in the
Federal Register, 82 FR 37,445 (2017),\7\ with protests and
interventions due on or before August 30, 2017. Timely motions to
intervene were filed by Pacific Northwest Generating Cooperative,
Powerex Corporation, Turlock Irrigation District, Avista Corporation,
Sacramento Municipal Utility District, Northwest Requirements
Utilities, Industrial Customers of Northwest Utilities, NorthWestern
Corporation, Western Public Agencies Group, M-S-R Public Power Agency,
Snohomish County Public Utility District No. 1, Public Power Council,
Puget Sound Energy Inc., Idaho Power Company, and Avangrid Renewables
LLC. Renewable Northwest filed a timely motion to intervene and
comments. Sierra Club and Montana Environmental Information Center
(Sierra Club/MEIC) filed a timely motion to intervene and protest. On
September 14, 2017, Bonneville filed a request for leave to answer and
answer to Sierra Club/MEIC's protest and Renewable Northwest's
comments.
---------------------------------------------------------------------------

    \7\ Notices of Bonneville's errata filings were published in the
Federal Register, 82 FR 41,014 (2017) and 82 FR 40,151 (2017). The
notices of the errata filings retained the August 30, 2017 date by
which protests or interventions were due.
---------------------------------------------------------------------------

    4. Sierra Club/MEIC argues that eliminating Bonneville's IM
Rate,\8\ in particular, is necessary to meet Bonneville's statutory
mandate to encourage the widest possible diversified use of electric
power at the lowest possible rates to consumers, consistent with sound
business principles.\9\ Sierra Club/MEIC asserts that the IM Rate is
the primary impediment to renewable resource development in
Montana.\10\ Sierra Club/MEIC explains that Bonneville effectively
charges two rates for Montana producers seeking to use the Eastern
Intertie--the IM Rate and the Network Rate--which inequitably allocates
transmission costs and has impeded subscription of the Eastern
Intertie.\11\ According to Sierra Club/

MEIC, eliminating this ``pancake'' rate structure would enable high-
quality Montana wind resources to affordably transmit their power and
meet growing needs for renewable power in the Pacific Northwest.\12\
Sierra Club/MEIC states that the IM Rate yields very little revenue for
Bonneville because it is undersubscribed, and that cost recovery
principles, cost causation principles, and Bonneville's segmentation
policy do not support maintaining the IM Rate.\13\ Lastly, Sierra Club/
MEIC states that speculation on future upgrades to Bonneville's
transmission network is not a legitimate basis for maintaining the IM
Rate, and eliminating the IM Rate does not require Bonneville to roll-
in the Southern Intertie.\14\ Sierra Club/MEIC urges the Commission to
disapprove the IM Rate and direct Bonneville to establish a rate
structure for the Eastern Intertie that is consistent with Bonneville's
statutory mandate.\15\
---------------------------------------------------------------------------

    \8\ The IM Rate is the rate that Bonneville charges for the
available 200 megawatts (MW) of capacity on the Eastern Intertie,
which is the portion of the Montana Intertie between the Townsend
and Garrison substations in western Montana that Bonneville built
and continues to operate.
    \9\ Sierra Club/MEIC Protest at 1.
    \10\ Id. at 11.
    \11\ Id. at 2-3, 11.
    \12\ Id. at 2-3.
    \13\ Id. at 3, 12.
    \14\ Id. at 31, 33.
    \15\ Id. at 12.
---------------------------------------------------------------------------

    5. Renewable Northwest similarly filed comments requesting that the
Commission disapprove Bonneville's proposed IM Rate on the basis that
the rate does not ``encourag[e] the widest possible diversified use of
electric power at the lowest possible rates to consumers consistent
with sound business principles.'' \16\ Renewable Northwest asserts that
the IM Rate imposes a financial disadvantage that is a disincentive to
the use of Bonneville's 184 MW of unsubscribed Eastern Intertie
capacity.\17\ Renewable Northwest suggests that eliminating the IM Rate
would encourage subscription of Eastern Intertie capacity and generate
additional revenue for Bonneville.\18\ Renewable Northwest encourages
the Commission to direct Bonneville to work with stakeholders on a rate
structure that would encourage subscription of Bonneville's available
Eastern Intertie capacity in a manner that is consistent with
Bonneville's statutory directives.\19\
---------------------------------------------------------------------------

    \16\ Renewable Northwest Comments at 7 (quoting 16 U.S.C. 838g
(2012).
    \17\ Of the 200 MW available on the Eastern Intertie that are
subject to the IM Rate, 16 MW are subscribed, leaving 184 MW still
available. Id.
    \18\ Id. at 4.
    \19\ Id. at 10.
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III. Discussion

A. Procedural Matters

    6. Pursuant to Rule 214 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.214 (2017), the timely, unopposed motions to
intervene serve to make the entities that filed them parties to this
proceeding.
    7. Rule 213(a)(2) of the Commission's Rules of Practice and
Procedure, 18 CFR 385.213(a)(2) (2017), prohibits an answer to a
protest or an answer unless otherwise ordered by the decisional
authority. We are not persuaded to accept Bonneville's answer to the
comments and protests, and therefore, reject it.

B. Standard of Review

    8. Under the Northwest Power Act, our review of Bonneville's
transmission rates is limited to determining whether Bonneville's
proposed rates satisfy the specific requirements of section 7(a)(2) of
the Northwest Power Act, including that such rates:
    (A) Are sufficient to assure repayment of the Federal investment in
the Federal Columbia River Power System over a reasonable number of
years after first meeting [Bonneville's] other costs;
    (B) are based upon [Bonneville's] total system costs; and
    (C) insofar as transmission rates are concerned, equitably allocate
the costs of the Federal transmission system between Federal and non-
Federal power utilizing such system.\20\
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    \20\ 16 U.S.C. 839e(a)(2) (2012). Bonneville also must comply
with the financial, accounting, and ratemaking requirements in
Department of Energy Order No. RA 6120.2.
---------------------------------------------------------------------------

    9. Unlike the Commission's statutory authority under the Federal
Power Act, the Commission's authority under section 7(a) of the
Northwest Power Act does not include the power to modify the rates. The
responsibility for developing rates in the first instance is vested
with Bonneville's Administrator. The rates are then submitted to the
Commission for approval or disapproval. In this regard, the
Commission's role can be viewed as an appellate one: To affirm or
remand the rates submitted to it for review.\21\
---------------------------------------------------------------------------

    \21\ See, e.g., Bonneville Power Admin., 152 FERC ] 61,201, at P
10 (2015) (citing U.S. Dep't of Energy--Bonneville Power Admin., 67
FERC ] 61,351, at 62,216-17 (1994); Aluminum Co. of Am. v.
Bonneville Power Admin., 903 F.2d 585, 592-93 (9th Cir. 1989)).
---------------------------------------------------------------------------

    10. Moreover, review at this interim stage is further limited. In
view of the volume and complexity of a Bonneville rate application,
such as the one now before the Commission in this filing, and the
limited period in advance of the requested effective date in which to
review the application,\22\ the Commission generally defers resolution
of issues on the merits of Bonneville's application until the order on
final confirmation. Thus, we generally approve the proposed rates on an
interim basis, unless the filing is patently deficient, and provide the
parties with an additional opportunity to raise issues with regard to
Bonneville's filing.\23\
---------------------------------------------------------------------------

    \22\ See 18 CFR 300.10(a)(3)(ii) (2017).
    \23\ See, e.g., Bonneville Power Admin., 152 FERC ] 61,201 at P
11 (citing U.S. Dep't of Energy--Bonneville Power Admin., 64 FERC ]
61,375, at 63,606 (1993); U.S. Dep't of Energy--Bonneville Power
Admin., 40 FERC ] 61,351, at 62,059-60 (1987)).
---------------------------------------------------------------------------

    11. We decline at this time to grant Bonneville's request for final
confirmation and approval of Bonneville's proposed transmission rates.
However, we will grant Bonneville's request for interim approval. Our
preliminary review indicates that Bonneville's transmission rates
filing appears to meet the statutory standards and the minimum
threshold filing requirements of Part 300 of the Commission's
regulations.\24\ Moreover, our preliminary review of Bonneville's
submittal indicates that it does not contain any patent deficiencies.
The proposed rates, with the exception of the rates for transmission
service on the Southern Intertie which are addressed separately in
another order, therefore will be approved on an interim basis pending
our further review. In addition, we note that no one will be harmed by
this decision because interim approval allows Bonneville's rates to go
into effect subject to refund with interest; the Commission may order
refunds with interest if the Commission later determines in its final
decision not to approve the rates.\25\
---------------------------------------------------------------------------

    \24\ See, e.g., id. P 12 (citing U.S. Dep't of Energy--
Bonneville Power Admin., 105 FERC ] 61,006, at PP 13-14 (2003); U.S.
Dep't of Energy--Bonneville Power Admin., 96 FERC ] 61,360, at
62,358 (2001)).
    \25\ 18 CFR 300.20(c) (2017).
---------------------------------------------------------------------------

    12. We will also provide an additional period of time for parties
to file comments and reply comments on issues related to final
confirmation and approval of Bonneville's proposed rates. This will
ensure that the record in this proceeding is complete and fully
developed. Specifically, if parties wish to file additional comments,
they will be due within 30 days of the date of this order. Reply
comments are due 20 days thereafter.
The Commission orders:
    (A) Interim approval of Bonneville's proposed transmission rates,
with the exception of the rates for transmission service on the
Southern Intertie, is hereby granted, to become effective on October 1,
2017, through September 30, 2019, subject to refund with interest as
set forth in section 300.20(c) of the Commission's regulations, 18 CFR
300.20(c), pending final action and

either their approval or their disapproval.
    (B) Within 30 days of the date of this order, parties who wish to
do so may file additional comments regarding final confirmation and
approval of Bonneville's proposed rates. Parties who wish to do so may
file reply comments within 20 days thereafter.
    (C) The Secretary shall promptly publish this order in the Federal
Register.

    By the Commission.

    Issued: September 25, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-21060 Filed 9-29-17; 8:45 am]
 BILLING CODE 6717-01-P


--------------------------------------------------------------------------------
 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
--------------------------------------------------------------------------------
REGION 8
--------------------------------------------------------------------------------
1595 Wynkoop Street
--------------------------------------------------------------------------------
Denver, CO   80202-1129
--------------------------------------------------------------------------------
Phone<PHONE_NUMBER>
--------------------------------------------------------------------------------
www.epa.gov/region8

Ref: 8ARD-PM

Ethan W. Hinkley
Air Quality Compliance Manager
Red Cedar Gathering Company
125 Mercado Street, Suite 201
Durango, Colorado  81301
<EMAIL_ADDRESS>
Dear Ethan Hinkley:

On April 21, 2023, you transmitted a letter on behalf of Red Cedar Gathering Company (Red Cedar) to the U.S. Environmental Protection Agency, Region 8, requesting a formal source determination for the proposed construction of a Carbon Dioxide (CO2) Capture Facility (CO2 Plant) located adjacent to the Arkansas Loop and Simpson Treating Plants, an existing regulated and permitted major oil and natural gas source under the Clean Air Act (CAA). On March 29, 2023, the EPA received an application from Red Cedar for a permit to authorize construction of the proposed CO2 Plant as a minor modification of an existing major source per the minor New Source Review (MNSR) Permit Program in Indian country at 40 CFR Part 49. We understand from Red Cedar that the CO2 Plant would take CO2 currently vented to the atmosphere from the amine plants at the existing Arkansas Loop and Simpson Treating Plants and treat and compress the CO2 for transport off-site via pipeline. Red Cedar estimates an annual reduction of approximately 200,000  -  400,000 metric tons of CO2 emissions to the atmosphere from their operations as a result of the proposed CO2 Plant. Due to the unique nature of this facility, Red Cedar believes that the proposed CO2 Plant should be determined as a separate facility from the Arkansas Loop and Simpson Treating Plants. This source determination request concerns whether these two facilities should be considered part of the same "major source" for the Prevention of Significant Deterioration (PSD) Permit Program at 40 CFR part 52 and the title V operating permit program at 40 CFR part 70 (Part 70) via an EPA-approved Part 70 Permit Program implemented by the Southern Ute Indian Tribe. The EPA commonly refers to these types of questions as "source determinations." This letter documents the EPA's source determination regarding Red Cedar's proposed CO2 Plant.

BACKGROUND

The proposed CO2 Plant would be located on Indian country lands within the Southern Ute Indian Reservation. The facility would share a fence line with the Simpson Treating Plant. Red Cedar is planning to build the facility as the owner initially but plans to sell the facility to a third party in the future and to contract to operate the facility for the third party. Red Cedar is classifying the facility under standard industrial code (SIC) code 281301  -  Industrial Gases CO2 (North American Industry Classification System (NAICS) code 325210  -  Industrial Gas Manufacturing (CO2)), as the best fits for this type of facility, and given that a similar facility was not identified by Red Cedar for comparison. Understanding that a single source determination requires two or more operations to meet each of three criteria  -  (1) physical proximity (i.e., located on contiguous or adjacent properties), (2) common control (same owner/operator), and (3) belong to the same industrial grouping (that is, they belong to the same "Major Group," and thus have the same first two digit code, as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement), Red Cedar concedes that the CO2 Plant and the Arkansas Loop and Simpson Treating Plants, as proposed, meet the criteria of physical proximity and common control. However, Red Cedar has classified the proposed CO2 Plant with a different two-digit SIC code than the Arkansas Loop and Simpson Treating Plants, which are classified as SIC code 1311  -  Crude Petroleum and Natural Gas (NAICS code 211111  -  Crude Petroleum and Natural Gas). Red Cedar does not consider the CO2 Plant as a support facility for the Arkansas Loop and Simpson Treating Plants as Red Cedar states that the facility would not in any way rely on the proposed CO2 Plant for continued operation. Red Cedar believes the two operations should be considered separate facilities and be permitted separately. In anticipation that the EPA may not agree with Red Cedar's preliminary determination, a minor NSR application was submitted to the EPA for the CO2 Plant as a modification to the existing Arkansas Loop and Simpson Treating Plants. Should the EPA determine that the two facilities should be considered separate, Red Cedar would submit a revised NSR application for the CO2 Plant as a new minor source.

DISCUSSION

Under the federal rules governing the PSD Permit Program, "stationary source" is defined as "any building, structure, facility, or installation which emits or may emit any air pollutant subject to regulation under the Act" and further defines "building, structure, facility or installation" as "all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control)." (40 CFR 52.21(b)(5) and (6)). The proposed CO2 Plant would be contiguous or adjacent to the Arkansas Loop and Simpson Treating Plants, and both facilities would be owned and operated by Red Cedar and, therefore, under common control. But the two facilities, as classified by Red Cedar, would not belong to the same industrial grouping. However, in the EPA's preamble to the Final Rule for 40 CFR part 52 published in the Federal Register on August 7, 1980 (45 FR 52676), the EPA clarified that if one facility constitutes a support facility of another facility, then the two operations may be considered one "stationary source" within the meaning of part 52. The preamble discusses the following:

      "Each source is to be classified according to its primary activity, which is determined by its principal product or group of products produced or distributed, or services rendered. Thus, one source classification encompasses both primary and support facilities, even when the latter includes units with a different two-digit SIC code. Support facilities are typically those which convey, store, or otherwise assist in the production of the principal product." 45 FR 52676, 52695.

It could be argued that the CO2 Plant might be considered a support facility to the Arkansas Loop and Simpson Treating Plants, because the waste CO2 gas from the treating plants that would otherwise be vented to the atmosphere would be processed by the CO2 Plant. In its letter requesting a formal source determination, Red Cedar indicated simply that the Arkansas Loop and Simpson Treating Plants do not in any way rely on the proposed CO2 Plant to continue operating. The Arkansas Loop and Simpson Treating Plants have been constructed and operating for years with the primary purpose of treating and compressing natural gas for pipeline sales established as its primary activity. The current effective permits for the Arkansas Loop and Simpson Treating Plants do not prohibit venting of the waste CO2 gas. In that sense, while an environmental benefit, in taking the waste CO2 gas from the treating plants to make a secondary product, the CO2 Plant would not convey, store, or otherwise assist in the production of the principal product for the treating plants.

When considered inversely, it may be argued that the Arkansas Loop and Simpson Treating Plants will serve as a support facility to the CO2 Plant, because the plant would primarily, or even possibly solely, process CO2 from the treating plants. In its application for a modification to the existing major source, Red Cedar explained that the waste CO2 gas captured from the Arkansas Loop and Simpson Treating Plants would be treated, compressed, and delivered to a CO2 pipeline for sale. In that sense, it might be argued that the CO2 Plant would rely on the Arkansas Loop and Simpson Treating Plants to operate. However, existing EPA policy discussed earlier, does not reasonably support consideration of an existing source long established with a primary activity that supplies a waste gas from that activity to be considered a support facility of a proposed new source.

As the permitting authority, the EPA must ultimately determine whether the proposed CO2 Plant and the Arkansas Loop and Simpson Treating Plants constitute one stationary source for purposes of the EPA's implementation of the PSD and MNSR Permit Programs and the Southern Ute Indian Tribe's implementation of the Part 70 Program. After reviewing the information provided by Red Cedar in its application to permit the CO2 Plant and in its request for a formal source determination, we have concluded that the facts do not establish a support relationship of the proposed new CO2 Plant to the Arkansas Loop and Simpson Treating Plants, even with present plans that meet the common control and physical proximity criteria for single source determinations. Regarding the third criteria for a single source determination, the EPA has no cause to dispute the case-specific details that Red Cedar provided that the two-digit industrial codes attributed to each operation are different and that the Arkansas Loop and Simpson Treating Plants would not rely on the primary activity of the CO2 Plant to continue to operate and demonstrate compliance with their primary permitted activity. Therefore, the EPA has

determined that the proposed CO2 Plant should be considered a separate source from the Arkansas Loop and Simpson Treating Plants. If you have any questions concerning this determination, please contact Claudia Smith at<PHONE_NUMBER> or at<EMAIL_ADDRESS>

                                          Sincerely,

                                    Adrienne Sandoval
                                    Director
                                    Air and Radiation Division

cc:	Danny Powers, Manager, Air Quality Program, Southern Ute Indian Tribe


[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9513-9514]
[FR Doc No: 2023-03106]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-14-000]

Wyoming Interstate Company, LLC; Notice of Schedule for the
Preparation of an Environmental Assessment for the Diamond Mountain
Abandonment Project

    On November 10, 2022, Wyoming Interstate Company LLC. (WIC) filed
an application in Docket No. CP23-14-000 requesting authorization
pursuant to Section 7(b) of the Natural Gas Act to abandon certain
natural gas pipeline facilities. The proposed project is known as the
Diamond Mountain Abandonment Project (Project) and consists of WIC's
proposal to abandon in-place a compressor station and associated
equipment and facilities in Uintah County, Utah. According to WIC, the
proposed abandonment is due to the decline of natural gas production in
the Uintah basin, and the absence of bids submitted during open season.
WIC would continue to operate the existing mainline block valve at the
compressor station site after the abandonment.
    On November 24, 2022, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
environmental document for the Project.
    This notice identifies Commission staff's intention to prepare an
environmental assessment (EA) for the Project and the planned schedule
for the completion of the environmental review.\1\
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    \1\ 40 CFR 1501.10 (2020).
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Schedule for Environmental Review

Issuance of EA--May 19, 2023
90-day Federal Authorization Decision Deadline \2\--August 17, 2023
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    \2\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.
---------------------------------------------------------------------------

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    The Project is located in Uintah County, Utah. Proposed work
includes disconnecting piping from compressor units, draining oil and
coolant from the turbines, draining water from the domestic and heating
systems, disconnecting power, removing applicable station valves and
the turbine surge valve. WIC would complete all work within the
existing gravel station yard and would access the station from the
existing facility access roads. No ground disturbing activities are
proposed. WIC would remove and repurpose components of the abandoned
facility for use at other Kinder Morgan affiliate pipelines.

Background

    On January 27, 2023, the Commission issued a Notice of Scoping
Period Requesting Comments on Environmental Issues for the Proposed
Diamond Mountain Abandonment Project and Notice of Public Scoping
Session (Notice of Scoping). The Notice of Scoping was sent to affected
landowners; federal, state, and local government agencies; elected
officials; environmental and public interest groups; Native American
tribes; other interested parties; and local libraries and newspapers.
To date, the Commission has not received comments in response to the
Notice of Scoping.

Any substantive comments received will be addressed in the EA.
    To date, there are no cooperating agencies in the preparation of
the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of formal issuances and submittals in specific dockets, the
Commission offers a free service called eSubscription. This service
provides automatic notification of filings made to subscribed dockets,
document summaries, and direct links to the documents. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP23-14), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at [email protected]. The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.

    Dated: February 8, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-03106 Filed 2-13-23; 8:45 am]
BILLING CODE 6717-01-P