than 50,000), the EPA estimated the changes in costs for compliance
with the regulatory options relative to the baseline for different
categories of entities. All four regulatory options presented in this
proposal result in lower compliance costs (cost savings) when compared
to the baseline. Compared to $44.1 million in the baseline, the Agency
estimates that the change in maximum cost in any one year to state,
local, or tribal governments range from -$23.5 million under Option 1
to -$6.0 million under Option 4, with an incremental cost for Option 2
of -$23.0 million. Compared to $841.3 million in baseline, the
incremental cost in any given year to the private sector ranges from -
$444.5 million under Option 4 to -$327.5 million under Option 1, with
Option 2 having an incremental cost of -$405 million. From these
incremental cost values, the EPA determined that none of the regulatory
options would constitute a federal mandate that may result in
expenditures of $160 million (in 2018 dollars) or more for state,
local, and tribal governments in the aggregate, or the private sector
in any one year. Chapter 9 of the RIA report provides details of these
analyses.
    This action is also not subject to the requirements of UMRA section
203 because it contains no regulatory requirements that might
significantly or uniquely affect small governments. To assess whether
the regulatory options presented in this proposal would affect small
governments in a way that is disproportionately burdensome in
comparison to the effect on large governments, the EPA compared total
incremental costs and incremental costs per facility for small
governments and large governments. The EPA also compared the changes in
per facility costs incurred for small-government-owned facilities with
those incurred by non-government-owned facilities. The Agency evaluated
both average and maximum annualized incremental costs per facility.
These analyses, which are detailed in Chapter 9 of the RIA, find that
small governments would not be significantly or uniquely affected by
the regulatory options presented in this proposal.

F. Executive Order 13132: Federalism

    Under Executive Order (E.O.) 13132, the EPA may not issue an action
that has federalism implications, that imposes substantial direct
compliance costs, and that is not required by statute, unless the
federal government provides the funds necessary to pay the direct
compliance costs incurred by state and local governments or the EPA
consults with state and local officials early in development of the
action.
    The EPA anticipates that none of the regulatory options presented
in this proposed rule would impose incremental administrative burden on
states due to issuing, reviewing, and overseeing compliance with
discharge requirements. Nevertheless, the EPA solicits comment on
examples and data that demonstrate net impacts compared to the 2015
rule baseline which would allow the Agency to evaluate these impacts
for the final rule.
    As detailed in Chapter 9 of the RIA in the docket for this action,
the EPA has identified 160 steam electric facilities owned by state or
local governments, of which 16 facilities are estimated to incur costs
to comply with the BA transport water and FGD limitations in the 2015
rule. However, all four regulatory options presented in this proposal
provide cost savings as compared to the baseline. The difference in the
maximum costs of the options as compared to the baseline ranges from -
$6 million under Option 4 to -$23.5 million under Option 2. Based on
this information, the EPA proposes to conclude that this action would
not impose substantial direct compliance costs on state or local
governments.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in E.O.
13175 (65 FR 67249, November 9, 2000). It will not have substantial
direct effects on tribal governments, on the relationship between the
federal government and the

Indian tribes, or on the distribution of power and responsibilities
between the federal government and Indian tribes, as specified in E.O.
13175.
    The EPA assessed potential tribal implications for the regulatory
options presented in this proposed rule arising from three main
changes: (1) Direct compliance costs incurred by facilities; (2)
impacts on drinking water systems downstream from steam electric
facilities; and (3) administrative burden on governments that implement
the NPDES program.
    Regarding direct compliance costs, the EPA's analyses show that no
steam electric facilities with BA transport water or FGD discharges are
owned by tribal governments. Regarding impacts on drinking water
systems, the EPA identified 15 public water systems operated by tribal
governments that may be affected by bromide discharges from steam
electric facilities. These systems serve a total of 18,917 people. The
EPA estimated changes in bladder cancer risk and the resulting health
benefits for the four regulatory options in comparison to the baseline.
This analysis, which is detailed in Chapter 4 of the BCA, finds very
small changes in exposure between the baseline and regulatory options,
amounting to very small changes in risk for this population. Finally,
regarding administrative burden, no tribal governments are currently
authorized pursuant to section 402(b) of the CWA to implement the NPDES
program. Based on this information, the EPA concluded that none of the
regulatory options presented in the proposed rule would have
substantial direct effects on tribal governments.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to E.O. 13045 (62 FR 19885, April 23,
1997) because the EPA does not expect that the environmental health
risks or safety risks associated with steam electric facility
discharges addressed by this action present a disproportionate risk to
children. This action's health risk assessments are in Chapters 4 and 5
of the BCA and are summarized below.
    The EPA identified several ways in which the regulatory options
presented in this proposal could affect children, including by
potentially increasing health risks from changes in exposure to
pollutants present in steam electric facility FGD wastewater and BA
transport water discharges, or through impacts of the discharges on the
quality of source water used by public water systems. This increase
arises from less stringent pollutant limitations or later deadlines for
meeting effluent limitations under certain regulatory options presented
in this proposal as compared to the baseline. In particular, the EPA
quantified the changes in IQ losses from lead exposure among pre-school
children and from mercury exposure in utero resulting from maternal
fish consumption under the four regulatory options, as compared to the
baseline. The EPA also estimated changes in the number of children with
very high blood lead concentrations. Finally, the EPA estimated changes
in the lifetime risk of developing bladder cancer due to exposure to
trihalomethanes in drinking water. The EPA did not estimate children-
specific risk because these adverse health effects normally follow
long-term exposure. These analyses show that all of the regulatory
options presented in this proposal would have a small, and not
disproportionate, impact on children.

I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not a ``significant energy action,'' as defined by
E.O. 13211 (66 FR 28355, May 22, 2001) because it is not likely to have
a significant adverse effect on the supply, distribution, or use of
energy.
    The Agency analyzed the potential energy effects of the regulatory
options presented in this proposal relative to the baseline and found
minimal or no impacts on electricity generation, generating capacity,
cost of energy production, or dependence on a foreign supply of energy.
Specifically, the Agency's analysis found that none of the regulatory
options would reduce electricity production by more than 1 billion
kilowatt hours per year or by 500 megawatts of installed capacity under
either of the options analyzed, nor would the option increase U.S.
dependence on foreign supplies of energy. For more detail on the
potential energy effects of the regulatory options in this proposal,
see Section 10.7 in the RIA, available in the docket.

J. National Technology Transfer and Advancement Act

    This proposed rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA conducted the analysis in three ways. First, the EPA
summarized the demographic characteristics of individuals living in
proximity to steam electric facilities with BA transport water or FGD
discharges and thus are likely to be affected by the facility
discharges and changes in air emissions resulting from the regulatory
options presented in this proposal. This first analysis focuses on the
spatial distribution of minority and low-income groups to determine
whether these groups are more or less represented in the populations
that are expected to be affected by the regulatory options, based on
their proximity to steam electric facilities. The results show that,
when compared to state averages, all affected communities are poorer
and a large majority of affected communities have more minority
residents than average.
    Second, the EPA summarized the demographic characteristics of
individuals served by public water systems (PWS) downstream from steam
electric facilities and potentially affected by bromide discharges. The
results show that the majority of county populations potentially
affected by changes in drinking water quality as a result of steam
electric facility discharges are poorer and have more minority
residents than the state average.
    Finally, the EPA conducted analyses of populations exposed to steam
electric power facility FGD wastewater and BA transport water
discharges through consumption of recreationally caught fish by
estimating exposure and health effects by demographic cohort. Where
possible, the EPA used analytic assumptions specific to the demographic
cohorts--e.g., fish consumption rates specific to different racial
groups. Recreational anglers and members of their households, including
children, are expected to experience forgone benefits from an increase
in pollutant concentrations in fish tissue under all of the regulatory
options. EPA estimated forgone benefits to children (i.e., IQ
decrements) from increased mercury exposure in the populations that
live below the poverty line and/or minority populations.
    The results show that the regulatory options would result in
forgone benefits to these populations and that these changes may
disproportionately affect communities in cases where the regulatory
options increase pollutant exposure compared to the baseline. Overall
however, the EPA's analysis, which is detailed in Chapter 14 of the
BCA, finds very small changes in exposure between the baseline and
regulatory options, amounting to very small changes in risk for this
population. The EPA solicits comment on the assumptions and
uncertainties included in this analysis.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is a ``major rule'' as defined by 5
U.S.C. 804(2).

Appendix A to the Preamble: Definitions, Acronyms, and Abbreviations
Used in This Preamble

    The following acronyms and abbreviations are used in this
preamble.
    Administrator. The Administrator of the U.S. Environmental
Protection Agency.
    Agency. U.S. Environmental Protection Agency.
    BAT. Best available technology economically achievable, as
defined by CWA sections 301(b)(2)(A) and 304(b)(2)(B).
    Bioaccumulation. General term describing a process by which
chemicals are taken up by an organism either directly from exposure
to a contaminated medium or by consumption of food containing the
chemical, resulting in a net accumulation of the chemical by an
organism due to uptake from all routes of exposure.
    BMP. Best management practice.
    BA. The ash, including boiler slag, which settles in the furnace
or is dislodged from furnace walls. Economizer ash is included when
it is collected with BA.
    BPT. The best practicable control technology currently available
as defined by sections 301(b)(1) and 304(b)(1) of the CWA.
    CBI. Confidential Business Information.
    CCR. Coal Combustion Residuals.
    Clean Water Act (CWA). The Federal Water Pollution Control Act
Amendments of 1972 (33 U.S.C. 1251 et seq.), as amended, e.g., by
the Clean Water Act of 1977 (Pub. L. 95-217), and the Water Quality
Act of 1987 (Pub. L. 100-4).
    Combustion residuals. Solid wastes associated with combustion-
related power facility processes, including fly and BA from coal-,
petroleum coke-, or oil-fired units; FGD solids; FGMC wastes; and
other wastewater treatment solids associated with combustion
wastewater. In addition to the residuals that are associated with
coal combustion, this also includes residuals associated with the
combustion of other fossil fuels.
    Direct discharge. (a) Any addition of any ``pollutant'' or
combination of pollutants to ``waters of the United States'' from
any ``point source,'' or (b) any addition of any pollutant or
combination of pollutant to waters of the ``contiguous zone'' or the
ocean from any point source other than a vessel or other floating
craft which is being used as a means of transportation. This
definition includes additions of pollutants into waters of the
United States from: Surface runoff which is collected or channeled
by man; discharges though pipes, sewers, or other conveyances owned
by a State, municipality, or other person which do not lead to a
treatment works; and discharges through pipes, sewers, or other
conveyances, leading into privately owned treatment works. This term
does not include an addition of pollutants by any ``indirect
discharger.''
    Direct discharger. A facility that discharges treated or
untreated wastewaters into waters of the U.S.
    DOE. Department of Energy.
    Dry BA handling system. A system that does not use water as the
transport medium to convey BA away from the boiler. It includes
systems that collect and convey the ash without any use of water, as
well as systems in which BA is quenched in a water bath and then
mechanically or pneumatically conveyed away from the boiler. Dry BA
handling systems do not include wet sluicing systems (such as remote
MDS or complete recycle systems).
    Effluent limitation. Under CWA section 502(11), any restriction,
including schedules of compliance, established by a state or the
Administrator on quantities, rates, and concentrations of chemical,
physical, biological, and other constituents which are discharged
from point sources into navigable waters, the waters of the
contiguous zone, or the ocean, including schedules of compliance.
    EIA. Energy Information Administration.
    ELGs. Effluent limitations guidelines and standards.
    E.O. Executive Order.
    EPA. U.S. Environmental Protection Agency.
    FA. Fly Ash
    Facility. Any NPDES ``point source'' or any other facility or
activity (including land or appurtenances thereto) that is subject
to regulation under the NPDES program.
    FGD. Flue Gas Desulfurization.
    FGD Wastewater. Wastewater generated specifically from the wet
FGD scrubber system that comes into contact with the flue gas or the
FGD solids, including, but not limited to, the blowdown or purge
from the FGD scrubber system, overflow or underflow from the solids
separation process, FGD solids wash water, and the filtrate from the
solids dewatering process. Wastewater generated from cleaning the
FGD scrubber, cleaning FGD solids separation equipment, cleaning FGD
solids dewatering equipment, or that is collected in floor drains in
the FGD process area is not considered FGD wastewater.
    Fly Ash. The ash that is carried out of the furnace by a gas
stream and collected by a capture device such as a mechanical
precipitator, electrostatic precipitator, and/or fabric filter.
Economizer ash is included in this definition when it is collected
with fly ash. Ash is not included in this definition when it is
collected in wet scrubber air pollution control systems whose
primary purpose is particulate removal.
    Groundwater. Water that is found in the saturated part of the
ground underneath the land surface.
    Indirect discharge. Wastewater discharged or otherwise
introduced to a POTW.
    IPM. Integrated Planning Model.
    Landfill. A disposal facility or part of a facility where solid
waste, sludges, or other process residuals are placed in or on any
natural or manmade formation in the earth for disposal and which is
not a storage pile, a land treatment facility, a surface
impoundment, an underground injection well, a salt dome or salt bed
formation, an underground mine, a cave, or a corrective action
management unit.
    MDS. Mechanical drag system.
    Mechanical drag system. BA handling system that collects BA from
the bottom of the boiler in a water-filled trough. The water bath in
the trough quenches the hot BA as it falls from the boiler and seals
the boiler gases. A drag chain operates in a continuous loop to drag
BA from the water trough up an incline, which dewaters the BA by
gravity, draining the water back to the trough as the BA moves
upward. The dewatered BA is often conveyed to a nearby collection
area, such as a small bunker outside the boiler building, from which
it is loaded onto trucks and either sold or transported to a
landfill. The MDS is considered a dry BA handling system because the
ash transport mechanism is mechanical removal by the drag chain, not
the water.
    Mortality. Death rate or proportion of deaths in a population.
    NAICS. North American Industry Classification System.
    NPDES. National Pollutant Discharge Elimination System.
    ORCR. Office of Resource Conservation and Recovery.
    Paste. A substance containing solids in a fluid which behaves as
a solid until a force is applied which causes it to behave like a
fluid.
    Paste Landfill. A landfill which receives any paste designed to
set into a solid after the passage of a reasonable amount of time.
    Point source. Any discernable, confined, and discrete
conveyance, including but not limited to, any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, or vessel or other floating
craft from which pollutants are or may be discharged. The term does
not include agricultural stormwater discharges or return flows from
irrigated agriculture. See CWA section 502(14), 33 U.S.C. 1362(14);
40 CFR 122.2.
    POTW. Publicly owned treatment works. See CWA section 212, 33
U.S.C. 1292; 40 CFR 122.2, 403.3.
    PSES. Pretreatment Standards for Existing Sources.
    Publicly Owned Treatment Works. Any device or system, owned by a
state or municipality, used in the treatment (including recycling
and reclamation) of municipal sewage or industrial wastes of a
liquid nature that is owned by a state or municipality. This
includes sewers, pipes, or other conveyances only if they convey
wastewater to a POTW providing treatment. CWA section 212, 33 U.S.C.
1292; 40 CFR 122.2, 403.3.
    RCRA. The Resource Conservation and Recovery Act of 1976, 42
U.S.C. 6901 et seq.
    Remote MDS. BA handling system that collects BA at the bottom of
the boiler, then uses transport water to sluice the ash to a remote
MDS that dewaters BA using a similar configuration as the MDS. The
remote MDS is considered a wet BA handling system because the ash
transport mechanism is water.
    RFA. Regulatory Flexibility Act.
    SBA. Small Business Administration.

    Sediment. Particulate matter lying below water.
    Surface water. All waters of the United States, including
rivers, streams, lakes, reservoirs, and seas.
    Toxic pollutants. As identified under the CWA, 65 pollutants and
classes of pollutants, of which 126 specific substances have been
designated priority toxic pollutants. see appendix A to 40 CFR part
423.
    Transport water. Wastewater that is used to convey FA, BA, or
economizer ash from the ash collection or storage equipment, or
boiler, and has direct contact with the ash. Transport water does
not include low volume, short duration discharges of wastewater from
minor leaks (e.g., leaks from valve packing, pipe flanges, or
piping) or minor maintenance events (e.g., replacement of valves or
pipe sections).
    UMRA. Unfunded Mandates Reform Act.
    Wet BA handling system. A system in which BA is conveyed away
from the boiler using water as a transport medium. Wet BA systems
typically send the ash slurry to dewatering bins or a surface
impoundment. Wet BA handling systems include systems that operate in
conjunction with a traditional wet sluicing system to recycle all BA
transport water (remote MDS or complete recycle system).
    Wet FGD system. Wet FGD systems capture sulfur dioxide from the
flue gas using a sorbent that has mixed with water to form a wet
slurry, and that generates a water stream that exits the FGD
scrubber absorber.

List of Subjects in 40 CFR Part 423

    Environmental protection, Electric power generation, Power
facilities, Waste treatment and disposal, Water pollution control.

    Dated: November 4, 2019.
Andrew R. Wheeler,
Administrator.

    For the reasons stated in the preamble, the Environmental
Protection Agency proposes to amend 40 CFR part 423 as follows:

PART 423--STEAM ELECTRIC POWER GENERATING POINT SOURCE CATEGORY

0
1. The authority citation for part 423 continues to read as follows:

    Authority: Secs. 101; 301; 304(b), (c), (e), and (g); 306; 307;
308 and 501, Clean Water Act (Federal Water Pollution Control Act
Amendments of 1972, as amended; 33 U.S.C. 1251; 1311; 1314(b), (c),
(e), and (g); 1316; 1317; 1318 and 1361).

0
2. Amend Sec.  423.11 by revising paragraphs (n), (p), and (t) and
adding paragraphs (u), (v), (w), (x), (y), (z), (aa), (bb), (cc), and
(dd).

Sec.  423.11  Specialized definitions.

* * * * *
    (n) The term flue gas desulfurization (FGD) wastewater means any
wastewater generated specifically from the wet flue gas desulfurization
scrubber system that comes into contact with the flue gas or the FGD
solids, including but not limited to, the blowdown from the FGD
scrubber system, overflow or underflow from the solids separation
process, FGD solids wash water, and the filtrate from the solids
dewatering process. Wastewater generated from cleaning the FGD
scrubber, cleaning FGD solids separation equipment, cleaning FGD solids
dewatering equipment, cleaning FGD paste transportation piping, or that
is collected in floor drains in the FGD process area is not considered
FGD wastewater.
* * * * *
    (p) The term transport water means any wastewater that is used to
convey fly ash, bottom ash, or economizer ash from the ash collection
or storage equipment, or boiler, and has direct contact with the ash.
Transport water does not include low volume, short duration discharges
of wastewater from minor leaks (e.g., leaks from valve packing, pipe
flanges, or piping), minor maintenance events (e.g., replacement of
valves or pipe sections), cleaning FGD paste transportation piping,
wastewater present in equipment when a facility is retired from
service, or maintenance purge water.
* * * * *
    (t) The phrase ``as soon as possible'' means November 1, 2018
(except for purposes of Sec.  423.13(g)(1)(i) and (k)(1)(i), and Sec.
423.16(e) and (g), in which case it means November 1, 2020), unless the
permitting authority establishes a later date, after receiving site-
specific information from the discharger, which reflects a
consideration of the following factors:
    (1) Time to expeditiously plan (including to raise capital),
design, procure, and install equipment to comply with the requirements
of this part.
    (2) Changes being made or planned at the plant in response to:
    (i) New source performance standards for greenhouse gases from new
fossil fuel-fired electric generating units, under sections 111, 301,
302, and 307(d)(1)(C) of the Clean Air Act, as amended, 42 U.S.C. 7411,
7601, 7602, 7607(d)(1)(C);
    (ii) Emission guidelines for greenhouse gases from existing fossil
fuel-fired electric generating units, under sections 111, 301, 302, and
307(d) of the Clean Air Act, as amended, 42 U.S.C. 7411, 7601, 7602,
7607(d); or
    (iii) Regulations that address the disposal of coal combustion
residuals as solid waste, under sections 1006(b), 1008(a), 2002(a),
3001, 4004, and 4005(a) of the Solid Waste Disposal Act of 1970, as
amended by the Resource Conservation and Recovery Act of 1976, as
amended by the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C.
6906(b), 6907(a), 6912(a), 6944, and 6945(a).
    (3) For FGD wastewater requirements only, an initial commissioning
period for the treatment system to optimize the installed equipment.
    (4) Other factors as appropriate.
    (u) The term ``FGD paste'' means any combination of FGD wastewater
treated with fly ash and/or lime prior to being landfilled, that is
engineered to form a solid through pozzolanic reactions.
    (v) The term ``FGD paste transportation piping'' means any pipe,
valve, or related item used for transporting FGD paste from its point
of generation to a landfill.
    (w) The term ``retired from service'' means the owner or operator
of a boiler no longer has, or is no longer required to have, the
necessary permission through a permit, license, or other legally
applicable form of permission to conduct electricity generation
activities under Federal, state, or local law, irrespective of whether
the owner and operator is subject to this part.
    (x) The term ``high FGD flow'' means the maximum daily volume of
FGD wastewater that could be discharged by a facility is above 4
million gallons per day after accounting for that facility's ability to
recycle the wastewater to the maximum limits for the FGD system
materials of construction.
    (y) The term ``net generation'' means the amount of gross
electrical generation less the electrical energy consumed at the
generating station(s) for station service or auxiliaries as calculated
in paragraph 423.19(e) of this subpart.
    (z) The term ``low utilization boiler'' means any boiler for which
the facility owner certifies, and annually recertifies, under 423.19(e)
that the two-year average annual net generation is below 876,000 MWh
per year.
    (aa) The term ``primary active wetted bottom ash system volume''
means the maximum volumetric capacity of bottom ash transport water in
all piping (including recirculation piping) and primary tanks of a wet
bottom ash system, excluding the volumes of installed spares,
redundancies, maintenance tanks, other secondary bottom ash system
equipment, and non-bottom ash transport systems that may direct process
water to the bottom ash system as certified to in paragraph 423.19(c).
    (bb) The term ``tank'' means a stationary device, designed to
contain

an accumulation of wastewater which is constructed primarily of non-
earthen materials (e.g., wood, concrete, steel, plastic) which provide
structural support.
    (cc) The term ``maintenance purge water'' means any water being
discharged subject to paragraphs Sec.  423.13(k)(2)(i) or Sec.
423.16(g)(2)(i).
    (dd) The term ``30-day rolling average'' means the series of
averages using the measured values of the preceding 30 days for each
average in the series.
0
3. Amend Sec.  423.12 by revising paragraph (b)(11).

Sec.  423.12  Effluent limitations guidelines representing the degree
of effluent reduction attainable by the application of the best
practicable control technology currently available (BPT).

* * * * *
    (b) * * *
    (11) The quantity of pollutants discharged in FGD wastewater, flue
gas mercury control wastewater, combustion residual leachate,
gasification wastewater, or bottom ash maintenance purge water shall
not exceed the quantity determined by multiplying the flow of the
applicable wastewater times the concentration listed in table 1:

                                          Table 1 to Paragraph (b)(11)
----------------------------------------------------------------------------------------------------------------
                                                                           BPT effluent limitations
                                                             ---------------------------------------------------
               Pollutant or pollutant property                                           Average of daily values
                                                                Maximum for any 1 day    for 30 consecutive days
                                                                       (mg/l)            shall not exceed (mg/l)
----------------------------------------------------------------------------------------------------------------
TSS.........................................................                     100.0                      30.0
Oil and grease..............................................                      20.0                      15.0
----------------------------------------------------------------------------------------------------------------

* * * * *
0
4. Amend Sec.  423.13 by:
0
a. Revising paragraph (g)(1)(i);
0
b. Redesignating paragraph (g)(2) as paragraph (g)(2)(i) and revising
the newly redesignated paragraph (g)(2)(i);
0
c. Adding paragraphs (g)(2)(ii) and (g)(2)(iii);
0
d. Revising paragraphs (g)(3)(i) and paragraph (k)(1)(i);
0
e. Redesignating paragraph (k)(2) as (k)(2)(ii) and revising newly
redesignated (k)(2)(ii); and
0
f. Adding paragraphs (k)(2)(i), (k)(2)(iii), and (k)(3).
    The additions and revisions to read as follows.

Sec.  423.13  Effluent limitations guidelines representing the degree
of effluent reduction attainable by the application of the best
available technology economically achievable (BAT).

* * * * *
    (g)(1)(i) FGD wastewater. Except for those discharges to which
paragraph (g)(2) or (g)(3) of this section applies, the quantity of
pollutants in FGD wastewater shall not exceed the quantity determined
by multiplying the flow of FGD wastewater times the concentration
listed in the table following this paragraph (g)(1)(i). Dischargers
must meet the effluent limitations for FGD wastewater in this paragraph
by a date determined by the permitting authority that is as soon as
possible beginning November 1, 2020, but no later than December 31,
2025. These effluent limitations apply to the discharge of FGD
wastewater generated on and after the date determined by the permitting
authority for meeting the effluent limitations, as specified in this
paragraph.

                                         Table 1 to Paragraph (g)(1)(i)
----------------------------------------------------------------------------------------------------------------
                                                                           BAT effluent limitations
                                                             ---------------------------------------------------
               Pollutant or pollutant property                                           Average of daily values
                                                                Maximum for any 1 day    for 30 consecutive days
                                                                                shall not exceed
----------------------------------------------------------------------------------------------------------------
Arsenic, total (ug/L).......................................                        18                         9
Mercury, total (ng/L).......................................                        85                        31
Selenium, total (ug/L)......................................                        76                        31
Nitrate/nitrite as N (mg/L).................................                       4.6                       3.2
----------------------------------------------------------------------------------------------------------------

* * * * *
    (2)(i) For any electric generating unit with a total nameplate
capacity of less than or equal to 50 megawatts, that is an oil-fired
unit, or for which the owner has certified pursuant to 423.19(f) will
be retired from service by December 31, 2028, the quantity of
pollutants discharged in FGD wastewater shall not exceed the quantity
determined by multiplying the flow of FGD wastewater times the
concentration listed for TSS in Sec.  423.12(b)(11).
    (ii) For FGD wastewater discharges from a high FGD flow facility,
the quantity of pollutants in FGD wastewater shall not exceed the
quantity determined by multiplying the flow of FGD wastewater times the
concentration listed in the table following this paragraph (g)(2)(ii).
Dischargers must meet the effluent limitations for FGD wastewater in
this paragraph by a date determined by the permitting authority that is
as soon as possible beginning November 1, 2020, but no later than
December 31, 2023. These effluent limitations apply to the discharge of
FGD wastewater generated on and after the date determined by the
permitting authority for meeting the effluent limitations, as specified
in this paragraph (g)(2)(ii).

                                         Table 1 to Paragraph (g)(2)(ii)
----------------------------------------------------------------------------------------------------------------
                                                                           BAT effluent limitations
                                                             ---------------------------------------------------
               Pollutant or pollutant property                                           Average of daily values
                                                                Maximum for any 1 day    for 30 consecutive days
                                                                                shall not exceed
----------------------------------------------------------------------------------------------------------------
Arsenic, total (ug/L).......................................                        11                         8
Mercury, total (ng/L).......................................                       788                       356
----------------------------------------------------------------------------------------------------------------

    (iii)(A) For FGD wastewater discharges from a low utilization
boiler, the quantity of pollutants in FGD wastewater shall not exceed
the quantity determined by multiplying the flow of FGD wastewater times
the concentration listed in the Table 1 to paragraph (g)(2)(ii).
Dischargers must meet the effluent limitations for FGD wastewater in
this paragraph by a date determined by the permitting authority that is
as soon as possible beginning November 1, 2020, but no later than
December 31, 2023. These effluent limitations apply to the discharge of
FGD wastewater generated on and after the date determined by the
permitting authority for meeting the effluent limitations, as specified
in this paragraph (g)(2)(iii)(A).
    (B) If any low utilization boiler fails to timely recertify that
the two year average net generation of such a boiler is below 876,000
MWh per year as specified in Sec.  423.19(e), regardless of the reason,
within two years from the date such a recertification was required, the
quantity of pollutants in FGD wastewater shall not exceed the quantity
determined by multiplying the flow of FGD wastewater times the
concentration listed in the Table 1 to paragraph (g)(1)(i).
    (3)(i) For dischargers who voluntarily choose to meet the effluent
limitations for FGD wastewater in this paragraph, the quantity of
pollutants in FGD wastewater shall not exceed the quantity determined
by multiplying the flow of FGD wastewater times the concentration
listed in the table following this paragraph (g)(3)(i). Dischargers who
choose to meet the effluent limitations for FGD wastewater in this
paragraph must meet such limitations by December 31, 2028. These
effluent limitations apply to the discharge of FGD wastewater generated
on and after December 31, 2028.

                                         Table 1 to Paragraph (g)(3)(i)
----------------------------------------------------------------------------------------------------------------
                                                                            BAT Effluent limitations
                                                               -------------------------------------------------
                Pollutant or pollutant property                                          Average of daily values
                                                                 Maximum for any 1 day   for 30 consecutive days
                                                                                shall not exceed
----------------------------------------------------------------------------------------------------------------
Arsenic, total (ug/L).........................................                        5  .......................
Mercury, total (ng/L).........................................                       21                        9
Selenium, total (ug/L)........................................                       21                       11
Nitrate/Nitrite (mg/L)........................................                      1.1                      0.6
Bromide (mg/L)................................................                      0.6                      0.3
TDS (mg/L)....................................................                      351                      156
----------------------------------------------------------------------------------------------------------------

* * * * *
    (k)(1)(i) Bottom ash transport water. Except for those discharges
to which paragraph (k)(2) of this section applies, or when the bottom
ash transport water is used in the FGD scrubber, there shall be no
discharge of pollutants in bottom ash transport water. Dischargers must
meet the discharge limitation in this paragraph by a date determined by
the permitting authority that is as soon as possible beginning November
1, 2020, but no later than December 31, 2023. This limitation applies
to the discharge of bottom ash transport water generated on and after
the date determined by the permitting authority for meeting the
discharge limitation, as specified in this paragraph (k)(1)(i). Except
for those discharges to which paragraph (k)(2) of this section applies,
whenever bottom ash transport water is used in any other plant process
or is sent to a treatment system at the plant (except when it is used
in the FGD scrubber), the resulting effluent must comply with the
discharge limitation in this paragraph. When the bottom ash transport
water is used in the FGD scrubber, the quantity of pollutants in bottom
ash transport water shall not exceed the quantity determined by
multiplying the flow of bottom ash transport water times the
concentration listed in Table 1 to paragraph (g)(1)(i) of this section.
* * * * *
    (2)(i)(A) The discharge of pollutants in bottom ash transport water
from a properly installed, operated, and maintained bottom ash system
is authorized under the following conditions:
    (1) To maintain system water balance when precipitation-related
inflows within any 24-hour period resulting from a 25-year, 24-hour
storm event, or multiple consecutive events cannot be managed by
installed spares, redundancies, maintenance tanks, and other secondary
bottom ash system equipment; or
    (2) To maintain water balance when regular inflows from
wastestreams other than bottom ash transport water exceed the ability
of the bottom ash system to accept recycled water and segregating these
other wastestreams is not feasible; or
    (3) To conduct maintenance not otherwise exempted from the
definition of transport water in Sec.  423.11(p) when water volumes
cannot be managed by installed spares, redundancies, maintenance tanks,
and other secondary bottom ash system equipment; or
    (4) To maintain system water chemistry where installed equipment at
the facility is unable to manage pH, corrosive compounds, and fine
particulates to below levels which impact system operations.
    (B) The total volume necessary to be discharged for the above
activities shall be reduced or eliminated to the extent

achievable using control measures (including best management practices)
that are technologically available and economically achievable in light
of best industry practice, and in no instance shall it exceed a 30-day
rolling average of ten percent of the primary active wetted bottom ash
system volume. Discharges shall be measured by computing daily
discharges by totaling daily flow discharges.
    (ii) For any electric generating unit with a total nameplate
generating capacity of less than or equal to 50 megawatts, that is an
oil-fired unit, or for which the owner has certified pursuant to
423.19(f) will be retired from service by December 31, 2028, the
quantity of pollutants discharged in bottom ash transport water shall
not exceed the quantity determined by multiplying the flow of the
applicable wastewater times the concentration for TSS listed in Sec.
423.12(b)(4).
    (iii)(A) For bottom ash transport water generated by a low
utilization boiler, the quantity of pollutants discharged in bottom ash
transport water shall not exceed the quantity determined by multiplying
the flow of the applicable wastewater times the concentration for TSS
listed in Sec.  423.12(b)(4),and shall incorporate the elements of a
best management practices plan as described in (k)(3) of this section.
    (B) If any low utilization boiler fails to timely recertify that
the two year average net generation of such a boiler is below 876,000
MWh per year as specified in 423.19(e), regardless of the reason,
within two years from the date such a recertification was required, the
quantity of pollutants discharged in bottom ash transport water shall
be governed by paragraphs (k)(1) and (k)(2)(i) of this section.
    (3) Where required in paragraph (k)(2)(iii) of this section, the
discharger shall prepare, implement, review, and update a best
management practices plan for the recycle of bottom ash transport
water, and must include:
    (i) Identification of the low utilization coal-fired generating
units that contribute bottom ash to the bottom ash transport system.
    (ii) A description of the existing bottom ash handling system and a
list of system components (e.g., remote mechanical drag system (rMDS),
tanks, impoundments, chemical addition). Where multiple generating
units share a bottom ash transport system, the plan shall specify which
components are associated with low utilization generating units.
    (iii) A detailed water balance, based on measurements, or estimates
where measurements are not feasible, specifying the volume and
frequency of water additions and removals from the bottom ash transport
system, including:
    (A) Water removed from the BA transport system:
    (1) To the discharge outfall.
    (2) To the FGD scrubber system.
    (3) Through evaporation.
    (4) Entrained with any removed ash.
    (5) Other mechanisms not specified herein.
    (B) Entering or recycled to the BA transport system:
    (1) Makeup water added to the BA transport water system.
    (2) Bottom ash transport water recycled back to the system in lieu
of makeup water.
    (3) Other mechanisms not specified herein.
    (iv) Measures to be employed by all facilities:
    (A) Implementation of a comprehensive preventive maintenance
program to identify, repair and replace equipment prior to failures
that result in the release of bottom ash transport water.
    (B) Daily or more frequent inspections of the entire bottom ash
transport water system, including valves, pipe flanges and piping, to
identify leaks, spills and other unintended bottom ash transport water
escaping from the system, and timely repair of such conditions.
    (C) Documentation of preventive and corrective maintenance
performed.
    (v) Evaluation of options and feasibility, accounting for the
associated costs, for eliminating or minimizing discharges of bottom
ash transport water, including:
    (A) Segregating bottom ash transport water from other process
water.
    (B) Minimizing the introduction of stormwater by diverting (e.g.,
curbing, using covers) storm water to a segregated collection system.
    (C) Recycling bottom ash transport water back to the bottom ash
transport water system.
    (D) Recycling bottom ash transport water for use in the FGD
scrubber.
    (E) Optimizing existing equipment (e.g., pumps, pipes, tanks) and
installing new equipment where practicable to achieve the maximum
amount of recycle.
    (F) Utilizing ``in-line'' treatment of transport water (e.g., pH
control, fines removal) where needed to facilitate recycle.
    (vi) Description of the bottom ash recycle system, including all
technologies, measures, and practices that will be used to minimize
discharge.
    (vii) A schedule showing the sequence of implementing any changes
necessary to achieve the minimized discharge of bottom ash transport
water, including the following:
    (A) The anticipated initiation and completion dates of construction
and installation associated with the technology components or process
modifications specified in the plan.
    (B) The anticipated dates that the discharger expects the
technologies and process modifications to be fully implemented on a
full-scale basis, which in no case shall be later than December 31,
2023.
    (C) The anticipated change in discharge volume and effluent quality
associated with implementation of the plan.
    (viii) Description establishing a method for documenting and
demonstrating to the permitting/control authority that the recycle
system is well operated and maintained.
    (ix) The discharger shall perform weekly flow monitoring for the
following:
    (A) Make up water to the bottom ash transport water system.
    (B) Bottom ash transport water sluice flow rate (e.g., to the
surface impoundment(s), dewatering bins(s), tank(s), rMDS).
    (C) Bottom ash transport water discharge to surface water or POTW.
    (D) Bottom ash transport water recycle back to the bottom ash
system or FGD scrubber.
* * * * *
0
5. Amend Sec.  423.16 by:
0
a. Revising paragraph (e)(1);
0
b. Adding paragraph (e)(2);
0
c. Revising paragraph (g)(1); and
0
d. Adding paragraph (g)(2).
    The additions and revisions to read as follows

Sec.  423.16  Pretreatment standards for existing sources (PSES).

* * * * *
    (e)(1) FGD wastewater. Except as provided for in paragraph (e)(2)
of this section, for any electric generating unit with a total
nameplate generating capacity of more than 50 megawatts, that is not an
oil-fired unit, and that the owner has not certified pursuant to Sec.
423.19(f) will be retired from service by December 31, 2028, the
quantity of pollutants in FGD wastewater shall not exceed the quantity
determined by multiplying the flow of FGD wastewater times the
concentration listed in the table following this paragraph (e).
Dischargers must meet the standards in this paragraph by [DATE 3 YEARS
AFTER DATE OF FINAL RULE] except as provided for in paragraph (e)(2) of
this section. These standards apply to the discharge of FGD wastewater
generated on and after [DATE 3 YEARS AFTER DATE OF FINAL RULE].

                                           Table 1 to Paragraph (e)(1)
----------------------------------------------------------------------------------------------------------------
                                                                                PSES
                                                               -------------------------------------------------
                Pollutant or pollutant property                                          Average of daily values
                                                                 Maximum for any 1 day   for 30 consecutive days
                                                                                shall not exceed
----------------------------------------------------------------------------------------------------------------
Arsenic, total (ug/L).........................................                       18                        9
Mercury, total (ng/L).........................................                       85                       31
Selenium, total (ug/L)........................................                       76                       31
Nitrate/nitrite as N (mg/L)...................................                      4.6                      3.2
----------------------------------------------------------------------------------------------------------------

    (2)(i) For FGD wastewater discharges from a low utilization boiler,
the quantity of pollutants in FGD wastewater shall not exceed the
quantity determined by multiplying the flow of FGD wastewater times the
concentration listed in the table following this paragraph (e)(2).
Dischargers must meet the standards in this paragraph by [DATE 3 YEARS
AFTER DATE OF FINAL RULE].
    (ii) If any low utilization boiler fails to timely recertify that
the two year average net generation of such a boiler is below 876,000
MWh per year as specified in Sec.  423.19(e), regardless of the reason,
within two years from the date such a recertification was required, the
quantity of pollutants in FGD wastewater shall not exceed the quantity
determined by multiplying the flow of FGD wastewater times the
concentration listed in Table 1 to paragraph (e)(1).

                                         Table 1 to Paragraph (e)(2)(ii)
----------------------------------------------------------------------------------------------------------------
                                                                                PSES
                                                               -------------------------------------------------
                Pollutant or pollutant property                                          Average of daily values
                                                                 Maximum for any 1 day   for 30 consecutive days
                                                                                shall not exceed
----------------------------------------------------------------------------------------------------------------
Arsenic, total (ug/L).........................................                       11                        8
Mercury, total (ng/L).........................................                      788                      356
----------------------------------------------------------------------------------------------------------------

* * * * *
    (g)(1) Except for those discharges to which paragraph (g)(2) of
this section applies, or when the bottom ash transport water is used in
the FGD scrubber, for any electric generating unit with a total
nameplate generating capacity of more than 50 megawatts, that is not an
oil-fired unit, that is not a low utilization boiler, and that the
owner has not certified pursuant to Sec.  423.19(f) will be retired
from service by December 31, 2028, there shall be no discharge of
pollutants in bottom ash transport water. This standard applies to the
discharge of bottom ash transport water generated on and after [DATE 3
YEARS AFTER DATE OF FINAL RULE]. Except for those discharges to which
paragraph (g)(2) of this section applies, whenever bottom ash transport
water is used in any other plant process or is sent to a treatment
system at the plant (except when it is used in the FGD scrubber), the
resulting effluent must comply with the discharge standard in this
paragraph. When the bottom ash transport water is used in the FGD
scrubber, the quantity of pollutants in bottom ash transport water
shall not exceed the quantity determined by multiplying the flow of
bottom ash transport water times the concentration listed in Table 1 to
paragraph (e)(1) of this section.
    (2)(i)(A) The discharge of pollutants in bottom ash transport water
from a properly installed, operated, and maintained bottom ash system
is authorized under the following conditions:
    (1) To maintain system water balance when precipitation-related
inflows within any 24-hour period resulting from a 25-year, 24-hour
storm event, or multiple consecutive events cannot be managed by
installed spares, redundancies, maintenance tanks, and other secondary
bottom ash system equipment; or
    (2) To maintain water balance when regular inflows from
wastestreams other than bottom ash transport water exceed the ability
of the bottom ash system to accept recycled water and segregating these
other wastestreams is feasible; or
    (3) To conduct maintenance not otherwise exempted from the
definition of transport water in Sec.  423.11(p) when water volumes
cannot be managed by installed spares, redundancies, maintenance tanks,
and other secondary bottom ash system equipment; or
    (4) To maintain system water chemistry where current operations at
the facility are unable to currently manage pH, corrosive compounds,
and fine particulates to below levels which impact system operations.
    (B) The total volume necessary to be discharged to a POTW for the
above activities shall be reduced or eliminated to the extent
achievable using control measures (including best management practices)
that are technologically available and economically achievable in light
of best industry practice, and in no instance shall it exceed a 30-day
rolling average of ten percent of the primary active wetted bottom ash
system volume. Discharges shall be measured by computing daily
discharges by totaling daily flow discharges.
    (ii)(A) For bottom ash transport water generated by a low
utilization boiler, the quantity of pollutants discharged in bottom ash
transport water shall incorporate the elements of a best management
practices plan as described in Sec.  423.13(k)(3).
    (B) If any low utilization boiler fails to timely recertify that
the two year average net generation of such a boiler is below 876,000
MWh per year as specified in Sec.  423.19(e), regardless of the reason,
within two years from the date such a recertification was required, the
quantity of pollutants discharged in bottom ash transport water shall
be governed by paragraphs (g)(1) and (g)(2)(i) of this section.
0
6. Add Sec.  423.18 to read as follows.

Sec.  423.18  Permit conditions.

    All permits subject to this part shall include the following permit
conditions:
    (a) In case of an emergency order issued by the Department of
Energy under Section 202(c) of the Federal Power Act or a Public
Utility Commission reliability must run agreement, a boiler shall be
deemed to qualify as a low utilization boiler or

boiler that will be retired from service by December 31, 2028 if such
qualification would have been demonstrated absent such order or
agreement.
    (b) Any facility providing the required documentation pursuant to
Sec.  423.19(g) may avail itself of the protections of this permit
condition.
0
7. Add Sec.  423.19 to read as follows.

Sec.  423.19  Reporting and recordkeeping requirements.

    (a) Discharges subject to this part must comply with the following
reporting requirements in addition to the applicable requirements in 40
CFR 403.12(b), (d), (e), and (g).
    (b) Signature and certification. Unless otherwise provided below,
all certifications and recertifications required in this part must be
signed and certified pursuant to 40 CFR 122.22 for direct dischargers
or 40 CFR 403.12(l) for indirect dischargers.
    (c) Requirements for facilities discharging bottom ash transport
water pursuant to Sec.  423.13(k)(2)(i) or Sec.  423.16(g)(2)(i).
    (1) Initial Certification Statement. For sources seeking to
discharge bottom ash transport water pursuant to Sec.  423.13(k)(2)(i)
or Sec.  423.16(g)(2)(i), an initial certification shall be submitted
to the permitting authority by the as soon as possible date determined
under Sec.  423.11(t), or the control authority by [DATE 3 YEARS AFTER
DATE OF FINAL RULE] in the case of an indirect discharger.
    (2) Signature and certification. The certification statement must
be signed and certified by a professional engineer.
    (3) Contents. An initial certification shall include the following:
    (A) A statement that the professional engineer is a licensed
professional engineer.
    (B) A statement that the professional engineer is familiar with the
regulation requirements.
    (C) A statement that the professional engineer is familiar with the
facility.
    (D) The primary active wetted bottom ash system volume in Sec.
423.11(aa).
    (E) All assumptions, information, and calculations used by the
certifying professional engineer to determine the primary active wetted
bottom ash system volume.
    (d) Requirements for a bottom ash best management practices plan.
    (1) Initial and Annual Certification Statement. For sources
required to develop and implement a best management practices plan
pursuant to Sec.  423.13(k)(3), an initial certification shall be made
to the permitting authority with a permit application, or to the
control authority no later than [DATE 3 YEARS AFTER DATE OF FINAL RULE]
in the case of an indirect discharger, and an annual recertification
shall be made to the permitting authority, or control authority in the
case of an indirect discharger, within 60 days of the anniversary of
the original plan.
    (2) Signature and Certification. The certification statement must
be signed and certified by a professional engineer.
    (3) Contents for Initial Certification. An initial certification
shall include the following:
    (A) A statement that the professional engineer is a licensed
professional engineer.
    (B) A statement that the professional engineer is familiar with the
regulation requirements.
    (C) A statement that the professional engineer is familiar with the
facility.
    (D) The approved best management practices plan.
    (E) A statement that the best management practices plan is being
implemented.
    (4) Additional Contents for Annual Certification. In addition to
the required contents of the initial certification in paragraph (d)(3)
of this section an annual certification shall include the following:
    (A) Any updates to the best management practices plan.
    (B) An attachment of weekly flow measurements from the previous
year.
    (C) The average amount of recycled bottom ash transport water in
gallons per day.
    (D) Copies of annual inspection reports and a summary of
preventative maintenance performed on the system.
    (E) A statement that the plan and corresponding flow records are
being maintained at the office of the plant.
    (e) Requirements for low utilization boilers. (1) Initial and
Annual Certification Statement. For sources seeking to apply the
limitations or standards for low utilization boilers, an initial
certification shall be made to the permitting authority with a permit
application, or to the control authority no later than [DATE 3 YEARS
AFTER DATE OF FINAL RULE] in the case of an indirect discharger, and an
annual recertification shall be made to the permitting authority, or
control authority in the case of an indirect discharger, within 60 days
of submitting annual net generation data to the Energy Information
Administration.
    (2) Contents. A certification or annual recertification shall be
based on the information submitted to the Energy Information
Administration and shall include copies of the underlying forms
submitted to the Energy Information Administration, as well as any
supplemental information and calculations used to determine the two
year average annual net generation. Where station-wide energy
consumption must otherwise be apportioned to multiple boilers, the
facility shall attribute such consumption to each boiler proportional
to that boiler's nameplate capacity unless the facility can demonstrate
the energy consumption is specific to a boiler.
    (f) Requirements for units that will be retired from service by
December 31, 2028 pursuant to Sec. Sec.  423.13(k)(2)(ii) and
423.13(g)(1).
    (1) Initial Certification Statement. For sources seeking to apply
the limitations or standards for units that will be retired from
service by December 31, 2028, a one-time certification to the
permitting authority must be submitted with the permit application, or
where a permit has already been issued, by the as soon as possible date
determined under paragraph 423.11(t), or to the control authority by
[promulgation date + 3 years] in the case of an indirect discharger.
    (2) Contents. A certification shall include the estimated date that
boiler will be retired from service, a brief statement as to the reason
for retirement, as well as a copy of the most recent integrated
resource plan, certification of boiler cessation under 40 CFR
257.103(b), or other legally binding submission supporting that the
boiler will be retired from service by December 31, 2028.
    (g) Requirements for facilities seeking the protections of Sec.
423.18.
    (1) Certification Statement. For sources seeking to apply the
protections of the permit conditions in Sec.  423.18, a one-time
certification shall be submitted to the permitting authority, or
control authority in the case of an indirect discharger, no later than
30 days from receipt of the order or agreement attached pursuant to
paragraph (f)(2) of this section.
    (2) Contents. A certification statement must demonstrate that a
boiler would have qualified for the subcategory at issue absent the
emergency order issued by the Department of Energy under Section 202(c)
of the Federal Power Act or Public Utility Commission reliability must
run agreement; and a copy of such order or agreement shall be attached.
[FR Doc. 2019-24686 Filed 11-21-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Page 6908]
[FR Doc No: 2018-03096]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

    Rule 17g-8 & 9, SEC File No. 270-645, OMB Control No. 3235-0693.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17g-8 and 17g-9 under
the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).\1\ The
Commission plans to submit this existing collection of information to
the Office of Management and Budget for extension and approval.
---------------------------------------------------------------------------

    \1\ See 17 CFR 240.17g-1 and 17 CFR 249b.300.
---------------------------------------------------------------------------

    Rule 17g-8 contains certain requirements for Nationally Recognized
Statistical Rating Organizations (``NRSROs'') to have policies and
procedures with respect to the procedures and methodologies the NRSRO
uses to determine credit ratings, with respect to the symbols, numbers,
or scores it uses to denote credit ratings, to address instances in
which a look-back review determines that a conflict of interest
influenced a credit rating, and to consider certain prescribed factors
for an effective internal structure. Rule 17g-9 contains requirements
for NRSROs to ensure that any person employed by an NRSRO to determine
credit ratings meets standards necessary to produce accurate ratings.
Currently, there are 10 credit rating agencies registered as NRSROs
with the Commission. The Commission estimates that the total burden for
respondents to comply with Rule 17g-8 is 1,450 hours and to comply with
Rule 17g-9 is 25,004 hours.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information on
respondents; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid Office of Management and Budget (OMB) control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F St NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: February 9, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03096 Filed 2-14-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Page 16705]
[FR Doc No: 2015-07129]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-267, OMB Control No. 3235-0272]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Rule 11a-2.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') has submitted to the Office of
Management and Budget a request for extension of the previously
approved collection of information discussed below.
    Rule 11a-2 (17 CFR 270.11a-2) under the Investment Company Act of
1940 (15 U.S.C. 80a-1 et seq.) permits certain registered insurance
company separate accounts, subject to certain conditions, to make
exchange offers without prior approval by the Commission of the terms
of those offers. Rule 11a-2 requires disclosure, in certain
registration statements filed pursuant to the Securities Act of 1933
(15 U.S.C. 77a et seq.) of any administrative fee or sales load imposed
in connection with an exchange offer.
    There are currently 652 registrants governed by Rule 11a-2. The
Commission includes the estimated burden of complying with the
information collection required by Rule 11a-2 in the total number of
burden hours estimated for completing the relevant registration
statements and reports the burden of Rule 11a-2 in the separate
Paperwork Reduction Act (``PRA'') submissions for those registration
statements (see the separate PRA submissions for Form N-3 (17 CFR
274.11b), Form N-4 (17 CFR 274.11c) and Form N-6 (17 CFR 274.11d). The
Commission is requesting a burden of one hour for Rule 11a-2 for
administrative purposes.
    The estimate of average burden hours is made solely for the
purposes of the PRA, and is not derived from a comprehensive or even a
representative survey or study of the costs of Commission rules or
forms. With regard to Rule 11a-2, the Commission includes the estimate
of burden hours in the total number of burden hours estimated for
completing the relevant registration statements and reported on the
separate PRA submissions for those statements (see the separate PRA
submissions for Form N-3, Form N-4 and Form N-6).
    The information collection requirements imposed by Rule 11a-2 are
mandatory. Responses to the collection of information will not be kept
confidential. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30
days of this notice.

    Dated: March 24, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-07129 Filed 3-27-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Notices]
[Pages 19754-19755]
[FR Doc No: 2018-09503]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG18-78-000.
    Applicants: Pine River Wind Energy LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Pine River Wind Energy LLC.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5131.
    Comments Due: 5 p.m. ET 5/21/18.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2651-004.
    Applicants: Lockhart Power Company.
    Description: Amendment to June 29, 2017 Updated Market Power
Analysis for the Southeast Region of Lockhart Power Company.
    Filed Date: 4/27/18.
    Accession Number: 20180427-5290.
    Comments Due: 5 p.m. ET 5/18/18.

    Docket Numbers: ER12-1946-009; ER10-1333-009; ER10-2566-008 ER13-
2322-004; ER15-190-006; ER17-543-003.
    Applicants: Duke Energy Beckjord, LLC, Duke Energy Carolinas, LLC,
Duke Energy Commercial Enterprises, Inc., Duke Energy Progress, Inc.,
Duke Energy Renewable Services, LLC, Duke Energy SAM, LLC.
    Description: Notice of Change in Status of the Duke MBR Sellers.
    Filed Date: 4/27/18.
    Accession Number: 20180427-5287.
    Comments Due: 5 p.m. ET 5/18/18.

    Docket Numbers: ER15-2013-007; ER15-2020-005.
    Applicants: Talen Energy Marketing, LLC, Talen Montana, LLC.
    Description: Notice of Change in Status and Request for
Confidential Treatment of Talen Energy Marketing, LLC, et al.
    Filed Date: 4/27/18.
    Accession Number: 20180427-5364.
    Comments Due: 5 p.m. ET 5/18/18.

    Docket Numbers: ER18-1122-000.
    Applicants: Ameren Illinois Company.
    Description: Motion to Intervene and Formal Challenge of the
Southwestern Electric Cooperative, Inc.
    Filed Date: 4/16/18.
    Accession Number: 20180416-5138.
    Comments Due: 5 p.m. ET 5/7/18.

    Docket Numbers: ER18-1464-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2018-04-30_Amendment to the Sub-
Regional Power Balance Constraints filing to be effective 6/27/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5282.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1465-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Lathrop Irrigation District
Replacement IA and TFA (SA 366) to be effective 5/1/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5001.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1466-000.
    Applicants: Tucson Electric Power Company.
    Description: Sec.  205(d) Rate Filing: Concurrence to APS RS No.
290 to be effective 4/11/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5002.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1467-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2827R3 Kansas Power Pool &
Westar Meter Agent Agreement to be effective 4/1/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5074.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1468-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2198R24 Kansas Power Pool
NITSA NOA to be effective 4/1/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5082.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1469-000.
    Applicants: Tampa Electric Company.
    Description: Sec.  205(d) Rate Filing: Emergency Interchange
Service Schedule A&B-2018 (Bundled) to be effective 5/1/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5084.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1470-000.
    Applicants: Pine River Wind Energy LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization to be effective 6/30/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5085.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1470-001.
    Applicants: Pine River Wind Energy LLC.
    Description: Tariff Amendment: Supplement to Application for
Market-Based Rate Authorization to be effective 6/30/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5113.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1471-000.
    Applicants: ACT Commodities, Inc.
    Description: Baseline eTariff Filing: ACT Commodities MBR
Application to be effective 5/1/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5086.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1472-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2018-04-30_Termination of SA
3035 OTP-Dakota Range I & II E&P (J436 J437) to be effective 5/1/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5151.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1473-000.
    Applicants: Pioneer Trail Wind Farm, LLC.
    Description: Baseline eTariff Filing: Rate Schedule Reactive Power
Compensation to be effective 6/29/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5188.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1474-000.
    Applicants: California Power Exchange Corporation.
    Description: Sec.  205(d) Rate Filing: Rate Filing for Rate Period
33 to be effective 7/1/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5226.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1476-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT submits Original ECSA,
Service Agreement No. 4930 with Penelec to be effective 7/1/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5249.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1477-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2018-04-30_SA 2988
MidAmerican-MidAmerican 1st Rev GIA (J500) to be effective 4/16/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5278.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1478-000.

    Applicants: NTE Ohio, LLC.
    Description: Sec.  205(d) Rate Filing: Normal 2018 to be effective
4/1/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5289.
    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER18-1479-000.
    Applicants: AEP Ohio Transmission Company, Inc.
    Description: Baseline eTariff Filing: Rate Schedules and Service
Agreements Baseline to be effective 4/30/2018.
    Filed Date: 4/30/18.
    Accession Number: 20180430-5296.
    Comments Due: 5 p.m. ET 5/21/18.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES18-24-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Clarification to March 26, 2018 Application of
Midcontinent Independent System Operator, Inc. under Section 204 of the
Federal Power Act for Authorization to Issue Securities.
    Filed Date: 4/27/18.
    Accession Number: 20180427-5351.
    Comments Due: 5 p.m. ET 5/18/18.

    Docket Numbers: ES18-33-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Southwest Power Pool, Inc.
    Filed Date: 4/27/18.
    Accession Number: 20180427-5279.
    Comments Due: 5 p.m. ET 5/18/18.

    Docket Numbers: ES18-34-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Application of PJM Interconnection, L.L.C. under
Section 204 of the Federal Power Act for an Order Authorizing the
Issuance of Securities.
    Filed Date: 4/27/18.
    Accession Number: 20180427-5348.
    Comments Due: 5 p.m. ET 5/18/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 30, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-09503 Filed 5-3-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Proposed Rules]
[Pages 54252-54254]
[FR Doc No: 2023-17016]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1006; Airspace Docket No. 22-AWP-65]
RIN 2120-AA66

Modification of Class E Airspace; Minden-Tahoe Airport, Minden,
NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Class E airspace extending
upward from 700 feet above the surface at Minden-Tahoe Airport, Minden,
NV.

Additionally, this action proposes administrative amendments to update
the airport's existing Class E airspace legal description. These
actions would support the safety and management of instrument flight
rules (IFR) operations at the airport.

DATES: Comments must be received on or before September 25, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-1006 and
Airspace Docket No. 22-AWP-65 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Keith T. Adams, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify Class E airspace to support IFR operations
at Minden-Tahoe Airport, Minden, NV.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Operations office (see ADDRESSES section for address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the Northwest Mountain Regional Office of the
Federal Aviation Administration, Air Traffic Organization, Western
Service Center, Operations Support Group, 2200 S 216th Street, Des
Moines, WA 98198.

Incorporation by Reference

    Class E5 airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which
is incorporated by reference in 14 CFR 71.1 on an annual basis. This
document proposes to amend the current version of that order, FAA Order
JO 7400.11G, dated August 19, 2022, and effective September 15, 2022.
These updates would be published in the next update to FAA Order JO
7400.11. That order is publicly available as listed in the ADDRESSES
section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to modify the
Class E airspace extending upward from 700 feet above the surface at
Minden-Tahoe Airport, Minden, NV.
    The southern portion should have an extension .5 miles past the
radius on a 180 bearing with a width of 1.2 miles on each side to
better contain arriving IFR operations below 1,500 feet above the
surface. Additionally, the northern portion of the existing Class E
airspace should have an extension .2 miles past the 6.5-mile radius on
a 359 bearing with a width of 1.8 nautical miles on each side to better
contain departing IFR operations until they reach 1,200 feet above the
surface.
    Finally, the FAA proposes administrative modifications to the
airport's associated legal descriptions. The geographic coordinates
located on line three of the text header should be updated to match the
FAA's database.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive

Order 12866; (2) is not a ``significant rule'' under DOT Regulatory
Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does
not warrant preparation of a regulatory evaluation as the anticipated
impact is so minimal. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this proposed rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP NV E5 Minden, NV [Amended]

Minden-Tahoe Airport, NV
    (Lat. 39[deg]00'02'' N, long. 119[deg]45'04'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Minden-Tahoe Airport and 1.8 miles
on each side of a 359[deg] bearing from the airport extending from
the 6.5-mile radius to 6.57 miles north of the airport and 1.2 miles
on each side of a 180 bearing from the airport extending from the
6.5-mile radius to 7 miles south of the airport.
* * * * *

    Issued in Des Moines, Washington, on August 2, 2023.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2023-17016 Filed 8-9-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 87 (Thursday, May 5, 2022)]
[Notices]
[Page 26751]
[FR Doc No: 2022-09634]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2275-000]

Salida Hydroelectric Project; Notice of Existing Licensee's
Notice of Intent To Not File a Subsequent License Application, and
Soliciting Notices of Intent To File a License Application and Pre-
Application Documents

    At least five years before the expiration of a license for a minor
water power project not subject to sections 14 and 15 of the Federal
Power Act (i.e., a project having an installed capacity of 1.5
megawatts or less), the licensee must file with the Commission a letter
that contains an unequivocal statement of the licensee's intent to file
or not to file an application for a new license.\1\
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    \1\ 18 CFR 16.19(b) (2021).
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    If such a licensee informs the Commission that it does not intend
to file an application for a subsequent license, nonpower license, or
exemption for the project, the licensee may not file an application for
a subsequent license, nonpower license, or exemption for the project,
either individually or in conjunction with an entity or entities that
are not currently licensees of the project.\2\
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    \2\ 18 CFR 16.24(b)(1).
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    On March 15, 2022, Public Service Company of Colorado (PSCo), the
existing licensee for the Salida Hydroelectric Project No. 2275, filed
notice of its intent to not file an application for a subsequent
license. Therefore, pursuant to section 16.24(b)(1) of the Commission's
regulations, PSCo may not file an application for a subsequent license
for the project, either individually or in conjunction with an entity
or entities that are not currently licensees of the project.
    The 1.31-megawatt Salida Hydroelectric Project is located on the
South Arkansas River and Fooses Creek, approximately 6 miles west of
the town of Poncha Springs in Chaffee County, Colorado. The project
occupies 33 acres of federal land managed by the U.S. Forest Service.
The existing license for the project expires on April 30, 2027.
    The Salida Hydroelectric Project consists of two developments,
Salida No. 1 and Salida No. 2. The principal project works of the
Salida No. 1 development include: (1) An 11.8-foot-high, 50-foot-long
reinforced gravity dam on the South Fork Arkansas River, impounding the
3-acre-foot Garfield reservoir; (2) a 4,806-foot-long gravity steel
pipeline from Garfield dam to Fooses reservoir; (3) a 31-foot-high,
218-foot-long earth and rock dam on Fooses Creek, impounding the 13-
acre-foot Fooses reservoir; and (4) an 8,080-foot-long penstock
extending from Fooses dam to a powerhouse containing one 750-kilowatt
turbine. The principal project works of the Salida No. 2 development
include: (1) A 15-foot-high, 250-foot-long earthfill dame on the South
Arkansas River, impounding a 10-acre-foot forebay; and (2) an 11,668-
foot-long penstock extending from the forebay to a powerhouse
containing one 560-killowatt turbine. The Salida No. 1 development has
been out of service since August 2009.
    Any party interested in filing a license application (i.e.,
potential applicant) for the Salida Hydroelectric Project No. 2275 must
file a Notice of Intent (NOI) \3\ and pre- application document
(PAD).\4\ Additionally, while the integrated licensing process (ILP) is
the default process for preparing an application for a subsequent
license, a potential applicant may request to use alternative licensing
procedures when it files its NOI.\5\
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    \3\ 18 CFR 5.5.
    \4\ 18 CFR 5.6.
    \5\ 18 CFR 5.3(b).
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    The deadline for potential applicants, other than the existing
licensee, to file NOIs, PADs, and requests to use an alternative
licensing process is 120 days from the issuance date of this notice.
    Applications for a subsequent license from potential applicants,
other than the existing licensee, must be filed with the Commission at
least 24 months prior to the expiration of the existing license.\6\
Because the existing license expires on April 30, 2027, applications
for license for this project must be filed by April 30, 2025.
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    \6\ 18 CFR 16.20.
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    Questions concerning this notice should be directed to Tim Konnert
(202) 502-6359 or [email protected].

    Dated: April 29, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-09634 Filed 5-4-22; 8:45 am]
BILLING CODE 6717-01-P