[Federal Register Volume 86, Number 22 (Thursday, February 4, 2021)]
[Notices]
[Pages 8195-8196]
[FR Doc No: 2021-02333]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9690-115]

Eagle Creek Hydro Power, LLC; Eagle Creek Water Resources, LLC;
Eagle Creek Land Resources, LLC; Notice of Application Accepted for
Filing, Soliciting Motions To Intervene and Protests, Ready for
Environmental Analysis, and Soliciting Comments, Recommendations,
Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 9690-115.
    c. Date Filed: March 31, 2020.
    d. Applicants: Eagle Creek Hydro Power, LLC, Eagle Creek Water
Resources, LLC, and Eagle Creek Land Resources, LLC (collectively
referred to as Eagle Creek).
    e. Name of Project: Rio Hydroelectric Project (Rio Project).
    f. Location: The existing project is located on the Mongaup River
in Sullivan and Orange Counties, New York. The project does not occupy
federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Jody J. Smet, Vice President Regulatory
Affairs, 116 N State Street, P.O. Box 167, Neshkoro, WI 54960;
Telephone<PHONE_NUMBER>.
    i. FERC Contact: Nicholas Ettema,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
https://ferconline.ferc.gov/QuickComment.aspx. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include docket
number P-9690-115.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    The Council on Environmental Quality (CEQ) issued a final rule on
July 15, 2020, revising the regulations under 40 CFR parts 1500-1518
that federal agencies use to implement NEPA (see Update to the
Regulations Implementing the Procedural Provisions of the National
Environmental Policy Act, 85 FR 43304). The Final Rule became effective
on and applies to any NEPA process begun after September 14, 2020. An
agency may also apply the regulations to ongoing activities and
environmental documents begun before September 14, 2020, which includes
the proposed Rio Project. Commission staff intends to conduct its NEPA
review in accordance with CEQ's new regulations.
    l. The Rio Project consists of: (1) A reservoir with a gross
storage capacity of 14,536 acre-feet and a surface area of 444 acres;
(2) a 264-foot-long, gravity-type concrete spillway with a maximum
height of 101 feet at a crest elevation of 810 feet National Geodetic
Vertical Datum of 1929 (NGVD29); (3) a 22-foot-long, concrete gravity
intake structure; (4) a 99-foot-long, concrete gravity non-overflow
section; (5) a 540-foot-long, earth-fill embankment; (6) a 102-foot-
long, concrete gravity non-overflow section; (7) a 460-foot-long,
earth-fill embankment with a 20-foot-wide crest at an elevation of 825
feet NGVD29; (8) a 1.5-mile-long bypassed reach; (9) a 22-foot-square
reinforced-concrete gatehouse with a 14-foot-high, 11-foot-wide steel
intake gate; (10) a 15-foot-wide by 46-foot-high trashrack with 2.9-
inch bar clear spacing at the entrance to the intake; (11) a 22-foot-
long, 12.5-foot-high, and 9.5-foot-wide reinforced concrete intake
structure; (12) a 90-foot-long, 11-foot-diameter, steel-elbow penstock
that leads from the intake to a 7,000-foot-long, 11-foot-diameter steel
penstock connected to a 40-foot-diameter by 65-foot-high steel surge
tank; (13) a 10-foot-diameter, 290-foot-long underground steel penstock
from the surge tank branching into two 7-foot-diameter, 90-foot-long
steel penstocks leading to the main powerhouse; (14) an 82-foot-long by
30-feet-wide by 33-foot-high brick and steel main powerhouse containing
two 5 megawatt (MW) vertical-axis turbines; (15) a 100-foot-long, 4-
foot-diameter, high density polyethylene penstock that branches off the
main penstock about 300 feet downstream of the dam and leads to a 30-
foot-long by 27-foot-wide by 24-foot-high reinforced concrete minimum
flow powerhouse containing one 0.8 MW horizontal-axis turbine; (16) a
45-foot-wide by 225-foot-long tailrace with a 65-foot-long concrete
weir from the main powerhouse; (17) a 10-foot-wide by 38-foot-long
tailrace from the minimum flow powerhouse; (18) a 150-foot-long, 4-
kilovolt (kV) underground transmission line from the main powerhouse to
an adjacent substation; and (19) a 7,600-foot-long, 4-kV aboveground
transmission line from the minimum flow powerhouse to the substation.
The project generates an average of 24,859 megawatt-hours annually. The
megawatt-hours represents Units 1 through 3 from 2014-2019, including
an extended outage of Unit 3 in 2015. Eagle Creek proposes to continue
to operate the project in a peaking mode.
    m. A copy of the application can be viewed on the Commission's
website at https://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC Online
Support.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's

Rules may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY PRESCRIPTIONS''; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    o. Procedural Schedule: The application will be processed according
to the following schedule. Revisions to the schedule may be made as
appropriate.

------------------------------------------------------------------------
                Milestone                           Target date
------------------------------------------------------------------------
Deadline for filing comments,              March 2021.
 recommendations, preliminary terms and
 conditions, and preliminary fishway
 prescriptions.
Deadline for Filing Reply Comments.......  May 2021.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following
the date of issuance of the notice of acceptance and ready for
environmental analysis provided for in Sec.  5.22: (1) A copy of the
water quality certification; (2) a copy of the request for
certification, including proof of the date on which the certifying
agency received the request; or (3) evidence of waiver of water quality
certification. Please note that the certification request must be sent
to the certifying authority and to the Commission concurrently.

    Dated: January 29, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-02333 Filed 2-3-21; 8:45 am]
BILLING CODE 6717-01-P


Non Dietary Exposure Jeff Evans Health Effects Division Office of Pesticide Programs Non Dietary Exposure  Assess applicator and post application exposure to pesticides

Establish Personal Protective Equipment ( PPE)

for applicators

Establish reentry intervals ( including Restricted Entry Intervals ( REI)) Subpart U, Applicator Exposure  Dermal and inhalation exposure data are now required based on toxicity and exposure criteria

To address Occupational and Residential Uses

Provide exposure calculations  Biological monitoring is conditionally required

Provided human pharmocokinetics data are available Subpart U, Applicator Exposure  Product use information

Clarification of product label information

Duration of exposure

Number of applications and timing Can include survey information Subpart K, Post application  Expanded to include greenhouse, forestry and other non agricultural sites  Expanded to include residential post application exposures

Turf, indoor uses and pets  Indoor surface residues

Carpets and hard surfaces  Non dietary ingestion

Frequency of hand to mouth events and transfer efficiency Subpart K, Post application  Data reporting and calculations  Product use information

Label clarification, identification of major uses and exposures  Biological monitoring

Conditional Subpart K   Post application Exposure Current requirement Proposed requirement Change Revised testing criteria. Expanded use sites to include testing for greenhouses, nurseries, forests, residential settings, golf courses, and certain indoor environments.

Changed from CR to R.

Inhalation exposure 875.2500 Inhalation exposure 133 4 Revised testing criteria. Expanded use sites to include testing for greenhouses, nurseries, forests, residential settings, and turf grass. Changed from CR to R.

Dermal exposure 875.2400 Dermal exposure 133 3 Proposed requirement. Subject to revised testing criteria.

Indoor surface residue dissipation 875.2300 None Revised testing criteria. Expanded use sites to include testing for green houses, nurseries, forests, and residential ( CR) settings.

Soil residue dissipation 875.2200 Soil dissipation 132 2 Revised testing criteria. Expanded use sites to include testing for green houses, nurseries, forests, residential settings, and turf grass. Changed from CR to R.

Dislodgeable foliar residue dissipation and turf transferable residues 875.2100 Foliar dissipation 321 1 Subpart K   Post application Exposure Current requirement Proposed requirement Change Proposed requirement for residential uses.

Not required for occupational uses.

Subject to revised testing criteria.

Nondietary ingestion exposure 875.3000 None Proposed conditional requirement.

Subject to revised testing criteria.

Data reporting and calculations 875.2900 None Proposed conditional requirement.

Subject to revised testing criteria.

Description of human activity 875.2800 None Proposed conditional requirement.

Subject to revised testing criteria.

Product use information 875.2700 None Proposed conditional requirement.

Subject to revised testing criteria.

Biological monitoring 875.2600 None Subpart U   Applicator Exposure Current requirement Proposed requirement Change Proposed requirement.

Subject to new testing criteria.

Data reporting and calculations 875.1600 None Proposed conditional requirement.

Subject to revised testing criteria.

Biological monitoring 875.1500 875.1600 None Proposed requirement.

Subject to new testing criteria.

Product use information 875.1700 None Proposed conditional requirement.

Subject to revised testing criteria.

Inhalation indoor exposure 875.1400 875.1600 None Proposed conditional requirement.

Subject to revised testing criteria.

Inhalation outdoor exposure 875.1300 875.1600 None Proposed conditional requirement.

Subject to revised testing criteria.

Dermal indoor exposure 875.1200 875.1600 None Proposed conditional requirement.

Subject to revised testing criteria.

Dermal outdoor exposure 875.1100 875.1600 None