[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Rules and Regulations]
[Page 85445]
[FR Doc No: 2016-28566]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 435

[EPA-HQ-OW-2014-0598; FRL-9955-65-OW]
RIN 2040-AF68

Effluent Limitations Guidelines and Standards for the Oil and Gas
Extraction Point Source Category--Implementation Date Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Because the Environmental Protection Agency (EPA) received
comments that could be construed as adverse, the EPA is withdrawing the
direct final rule issued on September 30, 2016, to extend the
implementation date for certain facilities subject to the EPA's final
rule establishing pretreatment standards under the Clean Water Act
(CWA) for discharges of pollutants into publicly-owned treatment works
(POTWs) from unconventional oil and gas extraction.

DATES: Effective November 28, 2016, the EPA withdraws the direct final
rule published September 30, 2016 (81 FR 67191).

FOR FURTHER INFORMATION CONTACT: For more information, see EPA's Web
site: https://www.epa.gov/eg/unconventional-oil-and-gas-extraction-effluent-guidelines. For technical information, contact Karen Milam,
Engineering and Analysis Division (4303T), Office of Water,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    On September 30, 2016, the EPA published a direct final rule that
extended the implementation date for certain facilities to meet the
requirements of the final pretreatment standards rule for
unconventional oil and gas extraction. (81 FR 67191; September 30,
2016). In that direct final rule, the EPA stated that if we received
adverse comments by October 31, 2016, the EPA would publish a timely
withdrawal and address the comments in a final rule based on the
proposed rule also published on September 30, 2016. (81 FR 67266;
September 30, 2016).
    The direct final rule specifically indicated that ``EPA will not
consider any comment submitted on the direct final rule published today
on any topic other than the appropriateness of an extension of the
compliance date; any other comments will be considered to be outside
the scope of this rulemaking.'' (81 FR 67192; September 30, 2016).
Commenters supported the compliance date being extended; the EPA did
not receive any comments opposing the extension of the compliance date,
and thus maintains that there were no adverse comments on the direct
final rule. As indicated in the direct final rule, the EPA considers
any comments on topics other than the extension of the compliance
date--including comments submitted on the applicability of the
underlying final pretreatment standards rule--to be outside the scope
of this rulemaking. However, to the extent that any of the comments
could be broadly interpreted as seeking an alternative compliance
period, and thus arguably within scope, the EPA, in its discretion, is
withdrawing the direct final rule and instead will issue a final action
to address the compliance date, which will be based on the parallel
proposed rule also published on September 30, 2016. (81 FR 67266;
September 30, 2016). For purposes of this withdrawal, compliance date
and implementation date are used interchangeably. As stated in the
parallel proposal, we will not
    institute a second comment period on this proposed action.
    Withdrawal of this direct final rule removes the extension of the
compliance date for the subset of facilities identified in the direct
final rule. It does not withdraw, or otherwise impact, the underlying
final pretreatment standards rule for unconventional oil and gas
extraction, which continues to apply to all facilities that meet the
definition of ``unconventional'' in that rule.

List of Subjects in 40 CFR Part 435

    Environmental protection, Pretreatment, Waste treatment and
disposal, Water pollution control, Unconventional oil and gas
extraction.

    Dated: November 17, 2016.
Michael H. Shapiro,
Deputy Assistant Administrator.

    Accordingly, the direct final rule, published in the Federal
Register on September 30, 2016, at 81 FR 67191, is withdrawn as of
November 28, 2016.

[FR Doc. 2016-28566 Filed 11-25-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: August 12, 2009 (Volume 74, Number 154)]
[Rules and Regulations]
[Page 40518-40521]
[DOCID:fr12au09-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R08-RCRA-2009-0341; FRL-8941-1]

Colorado: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to
as the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize states to operate
their hazardous waste management programs in lieu of the federal
program. Colorado has applied to the EPA for final authorization of
changes to its hazardous waste program under RCRA. EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization, and is authorizing the state's changes through this
immediate final action.

DATES: This final authorization will become effective on October 13,
2009 unless the EPA receives adverse written comments by September 11,
2009. If adverse written comments are received, EPA will publish a
timely withdrawal of this immediate final rule in the Federal Register
and inform the public that this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R08-RCRA-
2009-0341, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Christina Cosentini, Region 8, Solid and Hazardous
Waste Program, U.S. EPA, Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, phone number:<PHONE_NUMBER>.
     Hand Delivery or Courier: Deliver your comments to
Christina Cosentini, Region 8, Solid and Hazardous Waste Program,
Mailcode 8P-HW, U.S. EPA, Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, phone number:<PHONE_NUMBER>.
    Instructions: Direct your comments to Docket ID No. EPA-R08-RCRA-
2009-0341. EPA's policy is that all comments received will be included
in the public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information,
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected from disclosure
through http://www.regulations.gov, or e-mail. The federal Web site,
http://www.regulations.gov, is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov, your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov.index. Although listed in the index, some
information may not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy from
9 a.m. to 4 p.m. at: EPA Region 8, 1595 Wynkoop Street, Denver,
Colorado, contact: Christina Cosentini, phone number<PHONE_NUMBER>, or
the Colorado Department of Public Health and Environment, 4300 Cherry
Creek Drive South, Denver, Colorado 80222-1530, contact: Randy Perila,
phone number<PHONE_NUMBER>. The public is advised to call in advance
to verify business hours.

FOR FURTHER INFORMATION CONTACT: Christina Cosentini,<PHONE_NUMBER>,
<EMAIL_ADDRESS>or Randy Perila,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States that have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, states must
change their programs and ask the EPA to authorize the changes. Changes
to state programs may be necessary when Federal or state statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, states must change their programs because of changes to
the EPA's regulations in 40 Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273, and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that Colorado's application to revise its authorized
program meets all of the statutory and

regulatory requirements established by RCRA. Therefore, we grant
Colorado Final Authorization to operate its hazardous waste program
with the changes described in the authorization application. Colorado
has responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs) within its borders, except in Indian country, and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that the
EPA promulgates under the authority of HSWA take effect in authorized
states before they are authorized for the requirements. Thus, the EPA
will implement those requirements and prohibitions in Colorado
including issuing permits, until Colorado is authorized to do so.

C. What Is the Effect of Today's Authorization Decision?

    This decision means that a facility in Colorado subject to RCRA
will now have to comply with the authorized state requirements instead
of the equivalent Federal requirements in order to comply with RCRA.
Colorado has enforcement responsibilities under its state hazardous
waste program for violations of such program, but EPA retains its
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to: (1) Conduct inspections, and
require monitoring, tests, analyses, or reports; (2) enforce RCRA
requirements, suspend or revoke permits, and, (3) take enforcement
action regardless of whether Colorado has taken its own actions.
    This action does not impose additional requirements on the
regulated community because the regulations for which Colorado is being
authorized by this action are already effective under state law, and
are not changed by this action.

D. Why Wasn't There a Proposed Rule Before Today's Rule?

    EPA did not publish a proposal before this rule because we view
this as a routine program change. We are providing an opportunity for
the public to comment now. In addition to this rule, we are publishing
a separate document that proposes to authorize the state program
changes in the proposed rules section of today's Federal Register.

E. What Happens if the EPA Receives Comments That Oppose This Action?

    If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a document in the Federal
Register before the rule becomes effective. We will then address all
public comments in a later Federal Register notice. You may not have
another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.
    If we receive comments that oppose only the authorization of a
particular change to the Colorado hazardous waste program, we will
withdraw only that part of this rule, but the authorization of the
program changes that the comments do not oppose will become effective
on the date specified in this document. The Federal Register withdrawal
document will specify which part of the authorization will become
effective, and which part is being withdrawn.

F. For What Has Colorado Previously Been Authorized?

    Colorado initially received final authorization on October 19,
1984, effective November 2, 1984 (49 FR 41036), to implement the RCRA
hazardous waste management program. We granted authorization for
changes to the state's program on: October 24, 1986, effective November
7; 1986 (51 FR 37729), May 15, 1989, effective July 14, 1989 (54 FR
20847); May 10, 1991, effective July 9, 1991 (56 FR 21601); April 7,
1994, effective June 6, 1994 (59 FR 16568); November 14, 2003,
effective January 13, 2004 (68 FR 64550) and March 12, 2008 (73 FR
13141) effective May 12, 2008.

G. What Changes Are We Approving With Today's Action?

    Colorado submitted a final complete program application on December
20, 2006, seeking authorization of their changes in accordance with 40
CFR 271.21. We now make an immediate final decision, subject to receipt
of written comments that oppose this action, that Colorado's hazardous
waste program revisions satisfy all of the requirements necessary to
qualify for final authorization. The state of Colorado is not seeking
to be authorized for Methods Innovation Rule and SW-846 Update
(Checklist 208). Rather, Colorado's revisions consist of regulations
that specifically govern Federal Hazardous Waste revisions promulgated
from July 1, 2004 through June 30, 2005 (RCRA Clusters XV). Colorado's
requirements are included in a chart with this document.

------------------------------------------------------------------------
                                 Federal Register
    Description of federal        date and page
requirement (include checklist     (and/or RCRA       Analogous state
    , if relevant)         statutory            authority
                                    authority)
------------------------------------------------------------------------
Nonwastewaters from Dyes and    70 FR 9138-9180    Colorado Hazardous
 Pigments. (Checklist 206).      February 24,       Regulations, 6 CCR
                                 2005.              1007-3 effective
                                                    July 2, 2006; 261.4,
                                                    261.4(b)(15),
                                                    261.4(b)(15(i)-(v),
                                                    261.32, 261.32(a)-
                                                    (d), 261.32(d)(1)-
                                                    (d)(2),
                                                    261.32(d)(2)(i)-(iv)
                                                    , 261.32(iv)(A)-(C),
                                                    261.32(d)(3),
                                                    261.32(d)(3)(i)-(iii
                                                    ), 261.32(d)(iii)(A)-
                                                    (D),
                                                    261.32(d)(3)(iv),
                                                    261.32(d)(3)(iv)(A)-
                                                    (B), 261.32(d)(3)(v)-
                                                    (x), 261.32(x)(A)-
                                                    (D),
                                                    261.32(d)(3)(xi),
                                                    261.32(d)(xi)(A)-(C)
                                                    , 261.32(d)(4)-(5),
                                                    261 Appendices VII-
                                                    VIII, 268.20,
                                                    268.20(a)-(b),
                                                    268.20(b)(1)-(5),
                                                    268.20(c) 268.40/
                                                    Treatment Standard
                                                    Table and 268.48/
                                                    Universal Waste
                                                    Treatment Standard
                                                    Table.

Uniform Hazardous Waste         70 FR 10776 March  Colorado Hazardous
 Manifest Rule (Checklist 207).  4, 2005.           Regulations, 6 CCR
                                                    1007-3 effective
                                                    July 2, 2006;
                                                    260.10,
                                                    261.7(b)(1)(iii)(A)-
                                                    (B), 262.20,
                                                    262.20(a)(1),
                                                    262.20(a)(2), 262.21/
                                                    Section heading,
                                                    262.21(a)(1)-(2),
                                                    262.21(b),
                                                    262.21(b)(1)-(5),
                                                    262.21(b)(5)(i)-(iii
                                                    ), 262.21(b)(6)-(8),
                                                    262.21(c),
                                                    262.21(d)(1)-(2),
                                                    262.21(d)(2)(i)-(iv)
                                                    , 262.21(d)(3),
                                                    262.21(e)-(f),
                                                    262.21(f)(1)-(6),
                                                    262.21(f)(6)(i)-(vi)
                                                    , 262.21(f)(7),
                                                    262.21(f)(7(i),
                                                    262.21(f)(7(i)(A)-(C
                                                    ), 262.21(f)(7)(ii),
                                                    262.21(f)(7)(ii)(7)(
                                                    A)-(C),
                                                    262.21(g)(1),
                                                    262.21(g)(i)-(iv),
                                                    262.21(g)(2),
                                                    262.21(h)(1)-(3),
                                                    262.21(i)- (l),
                                                    262.21(m)(1),
                                                    262.21(m)(1)(i)-(ii)
                                                    , 262.21(m)(2),
                                                    262.27, 262.27/
                                                    Section heading,
                                                    262.27, 262.27(a)-
                                                    (b), 262.32,
                                                    262.32(b), 262.33,
                                                    262.34, 262.34(n),
                                                    262.34(n)(1)-(2),
                                                    262.54(c),
                                                    262.54(e), 262.60,
                                                    262.60(c)-(e), 262/
                                                    Appendix, 262/
                                                    Appendix 8700-22,
                                                    262/Appendix/8700-22/
                                                    I, International
                                                    Shipment Block, 262/
                                                    Appendix 8700-22/II,
                                                    262/Appendix 8700-22/
                                                    III, 262/Appendix
                                                    8700-22/IV, 262/
                                                    Appendix 8700-22A/
                                                    Instructions-Continu
                                                    ation Sheet, 263.20,
                                                    263.20(a)(1)-(3),
                                                    263.20(g),
                                                    263.20(g)(1)-(4),
                                                    263.21.
Checklist 207 Continues.......  70 FR 10776 March  263.21(b)(1)-(2),
                                 4, 2005.           263.21(b)(2)(i)-(ii)
                                                    , 264.70(a),
                                                    264.70(b), 264.71,
                                                    264.71(a)(1)-(2),
                                                    264.71(a)(2)(i)-(v),
                                                    264.71(a)(3)-(4),
                                                    264.71(e), 264.72,
                                                    264.72(a),
                                                    264.72(a)(1)-(3),
                                                    264.72(b)- (c),
                                                    264.72(d)(1)-(2),
                                                    264.72(e),
                                                    264.72(e)(1)-(7),
                                                    264.72(f), 264.72(1)-
                                                    (7), 264.72(g),
                                                    264.76, 264.76(a),
                                                    264.76(a)(1)-(7),
                                                    264.76(b),
                                                    265.70(a),
                                                    265.70(b), 265.71,
                                                    265.71(a)(1)-(2),
                                                    265.71(a)(2)(i)-(v),
                                                    265.71(a)(3),
                                                    265.71(b)(4),
                                                    265.71(e), 265.72,
                                                    265.72(a),
                                                    265.72(a)(1)-(3),
                                                    265.72(b)-(c),
                                                    265.72(d)(1)-(2),
                                                    265.72(e),
                                                    265.72(e)(1)-(7),
                                                    265.72(f),
                                                    265.72(f)(1)-(7),
                                                    265.72(g),
                                                    265.76(a),
                                                    265.76(a)(1)-(7) and
                                                    265.76(b).
------------------------------------------------------------------------

H. Where Are the Revised State Rules Different From the Federal Rules?

    Colorado has requirements that are more stringent than the federal
rules at (references are to the Code of Colorado Regulations, except
where there is no state analog, then the reference is to the federal
citation): state analog Section 261.32 includes two additional state-
added listings (K901 and K902) related to military munitions; in 261
Appendix VII; and state analog 261 Appendix VIII includes additional
state-added listings (K901, K902, P909, P910, and P911) related to
military munitions. The State of Colorado's hazardous waste rules are
more stringent at 40 CFR 266.203 because the state has not adopted
state analogs to the federal standards applicable to the transportation
of solid waste military munitions. Specifically, the state regulations
do not provide the exemptions that exist in 40 CFR 266.203; under the
state's regulations, waste military munitions that are being
transported and that exhibit a hazardous waste characteristic or are
listed as hazardous waste under Part 261, are not exempted from
manifest requirements as in 40 CFR 264.70(a) and 265.70(a).

I. Who Issues and Administers Permits After the Authorization Takes
Effect?

    Colorado will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
that were issued prior to the effective date of this authorization
until Colorado has equivalent instruments in place. We will not issue
any new permits or new portions of permits for the provisions listed in
the Table in this document after the effective date of this
authorization. EPA will continue to implement and issue permits for
HSWA requirements for which Colorado is not yet authorized.

J. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in
Colorado?

    Colorado is not authorized to carry out its hazardous waste program
in Indian country, as defined in 18 U.S.C. 1151. This includes: (1)
Lands within the exterior boundaries of the following Indian
reservations located within or abutting the State of Colorado, (a)
Southern Ute Indian Reservation and (b) Ute Mountain Ute Indian
Reservation; (2) any land held in trust by the United States for an
Indian tribe, and (3) any other areas that are ``Indian country''
within the meaning of 18 U.S.C. 1151.
    Therefore, this program revision does not extend to Indian country
where EPA will continue to implement and administer the RCRA program.

K. What Is Codification and Is EPA Codifying Colorado's Hazardous Waste
Program as Authorized in This Rule?

    Codification is the process of placing the state's statutes and
regulations that comprise the state's authorized hazardous waste
program into the CFR, which occurs when EPA references the authorized
state rules in 40 CFR part 272. We reserve the amendment of 40 CFR part
272, subpart G, for this authorization of Colorado's program changes
until a later date. EPA is not codifying the rules documented in this
Federal Register notice in this authorization application.

L. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and, therefore, this action is not subject to review by OMB. This
action authorizes Colorado state requirements for the purpose of RCRA
3006, and imposes no additional requirements beyond those imposed by
Colorado state law. Accordingly, I certify that this action will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this action authorizes pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). For the same
reason, this action also does not significantly or uniquely affect the

communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes state requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action under Executive Order 12866.
    Under RCRA 3006(b), the EPA grants a state's application for
authorization as long as the state meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a state authorization application to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective October 13, 2009.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indians-lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

     Authority: This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: July 14, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E9-19315 Filed 8-11-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Page 42670]
[FR Doc No: 2017-19113]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-8-000]

Florida Gas Transmission Company, LLC; Notice of Schedule for
Environmental Review of the East-West Project

    On October 31, 2016 Florida Gas Transmission Company, LLC (FGT)
filed an application in Docket No. CP17-8-000 requesting a Certificate
of Public Convenience and Necessity pursuant to Section 7(c) of the
Natural Gas Act to construct and operate certain natural gas pipeline
facilities. The proposed project is known as the East-West Project
(Project), and would provide new capacity of 275 million cubic feet per
day on FGT's pipeline system in the western division to meet the demand
for additional transportation and delivery of natural gas to the
proposed Port Arthur--Motiva Meter and Regulator (M&R) Station and the
Wilson--Coastal Bend M&R Station in Jefferson and Wharton Counties,
Texas respectively.
    On November 9, 2016 the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
Environmental Assessment (EA) for the Project. This instant notice
identifies the FERC staff's planned schedule for the completion of the
EA for the Project.

Schedule for Environmental Review

Issuance of EA, October 20, 2017
90-day Federal Authorization Decision Deadline, January 18, 2018
    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    FGT proposes to construct and operate about 13.3 miles of 12-inch-
diameter lateral pipeline, about 12 miles 16-inch-diameter lateral and
connection pipeline, and four new meter stations and auxiliary and
appurtenant facilities in Wharton, Matagorda, Jefferson, and Orange
Counties, Texas, and Calcasieu and Acadia Parishes, Louisiana.

Background

    On December 19, 2016 the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed East-West Project
and Request for Comments on Environmental Issues (NOI). The NOI was
sent to affected landowners; federal, state, and local government
agencies; elected officials; environmental and public interest groups;
Native American tribes; other interested parties; and local libraries
and newspapers. In response to the NOI, the Commission received
comments from one landowner and the Louisiana Department of Fisheries
and Wildlife. The primary issues raised by the commentors are potential
impacts on soils, wetlands, wildlife refuges, cultural resources, and
the aging process/potential corrosion of the pipelines.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC Web site (www.ferc.gov). Using the eLibrary link, select General
Search from the eLibrary menu, enter the selected date range and Docket
Number excluding the last three digits (i.e., CP17-8), and follow the
instructions. For assistance with access to eLibrary, the helpline can
be reached at<PHONE_NUMBER>, TTY<PHONE_NUMBER>, or at
<EMAIL_ADDRESS>The eLibrary link on the FERC Web site also
provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rule makings.

    Dated: September 1, 2017.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2017-19113 Filed 9-8-17; 8:45 am]
 BILLING CODE 6717-01-P