[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54606-54607]
[FR Doc No: 2019-22209]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2019-0575; FRL-10001-08-OGC]

Notice of Disclosure Under a Protective Order, In re: Gold King
Mine Release, Case No. l:18-md-02824-WJ (D.N.M.)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice
of disclosure of potential confidential business information (CBI) in
litigation. In accordance with 40 CFR 2.209(d), this notice is being
provided to inform affected businesses that, via the U.S. Department of
Justice, EPA may disclose confidential business information or
information claimed to be confidential business information
(collectively referred to as ``CBI'') to the parties and the court in
In re: Gold King Mine Release that occurred on August 5, 2015, in San
Juan County, Colorado, Case No. l:18-md-02824 (D.N.M.), to the extent
required to comply with the discovery obligations of the United States
in the litigation.

FOR FURTHER INFORMATION CONTACT: Elizabeth G. Berg, Office of General
Counsel, Solid Waste and Emergency Response Law Office (2366A),
Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460;<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Additional Information About Notice of Disclosure Under Court Order

    The court in this matter has entered a Protective Order Regarding
Confidential Information (entered Dec. 7, 2018, as amended Sept. 30,
2019), under which the parties are required to follow specified
procedures in the parties production of documents containing ``a trade
secret or other confidential research, development, or commercial
information as such terms are used in Federal Rule of Civil Procedure
26(c)(I)(G).'' This type of information includes CBI as described in 40
CFR part 2, subpart B.
    Examples of information in EPA's possession that may contain CBI
covered by the Protective Order and this Notice are:
    (1) Documents received from businesses under contract with EPA to
perform work in connection with the Gold King Mine release that
occurred on August 5, 2015 (the Release), including the contractors
listed below and any subcontractor or temporary firm that performed
work in connection with the Release:

a. Environmental Restoration, LLC
b. Harrison Western Construction Corporation
c. Harrison Western Corporation
d. Weston Solutions, Inc.

    (2) Documents obtained from Potentially Responsible Parties (PRPs)
associated with the Release.
    (3) Documents created by EPA that contain CBI associated with a
contractor, PRP, or other business.
    The Protective Order requires that the producing party designate
and label any

documents containing CBI, and bars public disclosure of any designated
CBI by any party to the action except in accordance with the order.
With limited exceptions, parties must destroy or return CBI received in
discovery within 90 days of the end of the litigation.

    Dated: October 2, 2019.
John Michaud,
Associate General Counsel.
[FR Doc. 2019-22209 Filed 10-9-19; 8:45 am]
BILLING CODE 6560-50-P


the following information in an exhibit to the annual report.
    (a) For each coal or other mine of which the registrant or a
subsidiary of the registrant is an operator, identify the mine and
disclose:
    (i) The total number of violations of mandatory health or safety
standards that could significantly and substantially contribute to the
cause and effect of a coal or other mine safety or health hazard under
section 104 of the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 814) for which the operator received a citation from the Mine
Safety and Health Administration.
    (ii) The total number of orders issued under section 104(b) of such
Act (30 U.S.C. 814(b)).
    (iii) The total number of citations and orders for unwarrantable
failure of the mine operator to comply with mandatory health or safety
standards under section 104(d) of such Act (30 U.S.C. 814(d)).
    (iv) The total number of flagrant violations under section
110(b)(2) of such Act (30 U.S.C. 820(b)(2)).
    (v) The total number of imminent danger orders issued under section
107(a) of such Act (30 U.S.C. 817(a)).
    (vi) The total dollar value of proposed assessments from the Mine
Safety and Health Administration under such Act (30 U.S.C. 801 et
seq.).
    Instruction to paragraph (18)(a)(vi): Registrants must provide the
total dollar value of assessments proposed by MSHA during the period
covered by the report, and also provide the total dollar value of all
outstanding assessments as of the last day of the period covered by the
report, regardless of whether the registrant has challenged or appealed
the assessment.
    (vii) The total number of mining-related fatalities.
    (b) A list of coal or other mines, of which the registrant or a
subsidiary of the registrant is an operator, that receive written
notice from the Mine Safety and Health Administration of:
    (i) A pattern of violations of mandatory health or safety standards
that are of such nature as could have significantly and substantially
contributed to the cause and effect of coal or other mine health or
safety hazards under section 104(e) of such Act (30 U.S.C. 814(e)); or
    (ii) the potential to have such a pattern.
    (c) For each violation, order or citation disclosed in response to
(a) and (b) above, a brief description of the category of violation,
order or citation.
    (d) Any pending legal action before the Federal Mine Safety and
Health Review Commission involving such coal or other mine.
    Instruction to paragraph (18)(d): The registrant must report any
legal actions commenced during the time period covered by the report,
as well as any developments material to a legal action previously
reported under this provision occurring during the period covered by
the report. Registrants must disclose the date the action was
instituted, by whom, the name and location of the mine involved, and a
brief description of the category of violation, order or citation
underlying the proceeding.
* * * * *

    Notes to Paragraph (18) of General Instruction B:
    For purposes of this Item:
    1. The term coal or other mine means a coal or other mine, as
defined in section 3 of the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 802), that is subject to the provisions of such Act
(30 U.S.C. 801 et seq.).
    2. The term operator has the meaning given the term in section 3
of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 802).

    3. Instruction B(18) only applies to annual reports, and not to
registration statements on Form 40-F.

* * * * *
    9. Amend Form 8-K (referenced in Sec.  249.308) by adding Item 1.04
under the caption ``Information to Be Included in the Report'' after
the General Instructions to read as follows:

    Note: The text of Form 8-K does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form 8-K

* * * * *

General Instructions

* * * * *

Information to Be Included in the Report

* * * * *

Item 1.04 Mine Safety--Reporting of Shutdowns and Patterns of
Violations.

    (a) If the registrant or a subsidiary of the registrant has
received, with respect to a coal or other mine of which the registrant
or a subsidiary of the registrant is an operator--
     an imminent danger order issued under section 107(a) of
the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 817(a));
     a written notice from the Mine Safety and Health
Administration that the coal or other mine has a pattern of violations
of mandatory health or safety standards that are of such nature as
could have significantly and substantially contributed to the cause and
effect of coal or other mine health or safety hazards under section
104(e) of such Act (30 U.S.C. 814(e)); or
     a written notice from the Mine Safety and Health
Administration that the coal or other mine has the potential to have
such a pattern, disclose the following information:
    (1) The date of receipt by the issuer or a subsidiary of such order
or notice.
    (2) A brief description of the category of order or notice.
    (3) The name and location of the mine involved.
    Instructions to Item 1.04.
    1. The term ``coal or other mine'' means a coal or other mine, as
defined in section 3 of the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 802), that is subject to the provisions of such Act (30
U.S.C. 801 et seq.).
    2. The term ``operator'' has the meaning given the term in section
3 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 802).
* * * * *
    10. Amend Form 10-Q (referenced in Sec.  249.308a) by adding Item 4
in Part II to read as follows:

    Note: The text of Form 10-Q does not, and this amendment will
not, appear in the Code of Federal Regulations.

FORM 10-Q

* * * * *

PART II

* * * * *

Item 4. Specialized Disclosures * * *

    If applicable, provide a statement that the information concerning
mine safety violations or other regulatory matters required by Section
1503(a) of the Dodd-Frank Wall Street Reform and Consumer Protection
Act and Item 106 of Regulation S-K (17 CFR 229.106) is included in
exhibit 95 to the quarterly report.
* * * * *
    11. Amend Form 10-K (referenced in Sec.  249.310) by adding
paragraph (b) to Item 4 in Part I to read as follows:

    Note: The text of Form 10-K does not, and this amendment will
not, appear in the Code of Federal Regulations.

FORM 10-K

* * * * *

PART I

* * * * *

Item 4. Specialized Disclosures * * *

    (b) If applicable, provide a statement that the information
concerning mine safety violations or other regulatory matters required
by Section 1503(a) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act and Item 106 of Regulation S-K (17 CFR 229.106) is
included in exhibit 95 to the annual report.
* * * * *

    By the Commission.

    Dated: December 15, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-31941 Filed 12-21-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Notices]
[Pages 66860-66861]
[FR Doc No: 2012-27280]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4077-DR; Docket ID FEMA-2012-0002]

Ohio; Amendment No. 2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for State of Ohio (FEMA-4077-DR), dated August 20, 2012, and related
determinations.

DATES: Effective Date: October 26, 2012.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Warren J.
Riley, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of W. Michael Moore as
Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,

Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-27280 Filed 11-6-12; 8:45 am]
BILLING CODE 9111-23-P


From Powermag.com
By Darrell Proctor
November 5, 2018
Available at https://www.powermag.com/indiana-utility-will-close-coal-units-transition-to-renewables/

Indiana Utility Will Close Coal Units, Transition to Renewables
Northern Indiana Public Service Co. (NIPSCO) last week told state regulators it plans to retire four coal-fired units at its Wheatfield plant by 2023, a coal-fired unit in Michigan City by 2028, and increase its generation from renewables as part of its "Your Energy, Your Future" initiative.
The company's latest Integrated Resource Plan filed on October 31 details NIPSCO's effort to generate 65% of its power from solar, wind, and other renewables by 2028. The utility said it expects at least 25% of its generation by 2028 will be from natural gas. The coal units set for retirement are the utility's last in the state. NIPSCO earlier this year announced it would likely move up its timetable to retire its coal units when it filed its 2018 IRP.
"Customers want what's best for their families: Energy that is affordable, reliable and sustainable," NIPSCO President Violet Sistovaris said in a statement. "NIPSCO's new plan puts them front and center. We have the opportunity to invest in balanced options that will deliver more cost-effective and cleaner energy for our customers. The `Your Energy, Your Future' initiative envisions a brighter future that delivers the energy our customers need while reducing emissions and focusing on the long-term strength of our local economy."
NIPSCO, headquartered in Merrillville, Indiana, serves customers across 32 counties. It is Indiana's largest natural gas distribution company and its second-largest power generator.
Modifying Electric Rates
The company's IRP also includes a request to modify its existing electric rates to support its planned changes in power generation. NIPSCO said those changes equate to more than $4 billion in cost savings to customers. The utility said retiring coal units also will reduce its carbon emissions by more than 90% over the next decade.
NIPSCO's two filings with the Indiana Utility Regulatory Commission (IURC) came after the utility did what it called "a comprehensive analysis of NIPSCO's future energy mix and months of meetings with customers, employees and local community leaders. With this direction, NIPSCO will pursue a more affordable and cleaner electric supply balance while maintaining flexibility for the technology and market changes ahead."
The last four coal-fired units at the Schahfer Generating Station in Wheatfield, Indiana, are expected to close by 2023. (Courtesy: NIPSCO)
NIPSCO earlier this year retired the two coal-fired units at its 604-MW Bailly Generating Station plant in Chesterton, Indiana. The utility continues to operate a gas-fired peaking unit at the site, used during periods of high demand for electricity. The decision to close those coal units was part of the utility's 2016 IRP, which called for a 50% reduction in NIPSCO's coal fleet by 2023.
The latest IRP calls for the closure of Units 14, 15, 17, and 18 at the 1,943-MW R.M. Schahfer Generating Station in Wheatfield, Indiana, no later than 2023, and Unit 12 at the Michigan City Generating station in Michigan City, Indiana, by 2028. The utility last year said it was holding off on installing wastewater pollution controls at Schahfer due to uncertainty about the Environmental Protection Agency's Effluent Limitations Guidelines.
The company in a release said it will continue to operate the gas-fired Sugar Creek Generating Station in West Terre Haute, Indiana, along with the Norway and Oakdale hydroelectric dams along the Tippecanoe River.
The company said it is not ready to announce any workforce changes that will come with the closure of the coal units and the transition to renewables. It did say it will "coordinate with internal and outside regional and statewide partners to reduce the impact of the transition over the next five to 10 years."
Accelerated Timeline for Renewables
NIPSCO said it accelerated the timeline for its move toward renewables in this IRP because "the energy market has ... produced more competitive and cost-effective options for NIPSCO customers."
"We know that every dollar matters to our customers, so we want to be upfront about shorter-term shifts some of our customers will see in their bills during this transition," Sistovaris said. "This proposal allows us to provide the level of service our customers expect, it addresses changes in the way major industrial customers will acquire electricity and it proposes new assistance programs for income-eligible customers."
The IURC will review NIPSCO's plant and must still give its approval. The utility said that under its IRP, new electric rates would be phased in, beginning in September 2019, and again in March 2020. It said it expects the average customer would note an $11-per-month increase, or about 12% in their bill. It said the request represents an increase in annual revenue of $21 million.
NIPSCO said it wants to invest in upgrades to its electric infrastructure, along with environmental controls. Its latest IRP comes on the heels of a statewide analysis of the state's future energy needs. The report from the IURC released earlier in October said the Hoosier state will need about 10 GW of new power generation by 2035 as utilities across the state phase out coal units.
The U.S. Energy Information Administration (EIA) said that as recently as 2016, Indiana ranked second behind Texas in total coal consumption. But coal's share of the state's power generation has fallen steadily over the past 20 years. EIA data shows 98% of the state's power came from coal in 1998, but that dropped to about 71% in 2016.