80_FR_43255 80 FR 43116 - Final Four Corners Power Plant and Navajo Mine Energy Project; Record of Decision.

80 FR 43116 - Final Four Corners Power Plant and Navajo Mine Energy Project; Record of Decision.

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 80, Issue 139 (July 21, 2015)

Page Range43116-43118
FR Document2015-17881

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE) are announcing that the Record of Decision (ROD) for the Four Corners Power Plant (FCPP) and Navajo Mine Energy Project is available for public review. The Deputy Secretary for the Department of the Interior, Director of OSMRE, Director of the Bureau of Indian Affairs (BIA) and the Director of the Bureau of Land Management (BLM) signed the ROD on [July 15, 2015], which constitutes the final decision of the Department.

Federal Register, Volume 80 Issue 139 (Tuesday, July 21, 2015)
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Notices]
[Pages 43116-43118]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17881]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX064A000 156S180110; S2D2S SS08011000 SX064A000 
15XS501520]


Final Four Corners Power Plant and Navajo Mine Energy Project; 
Record of Decision.

AGENCY: Office of Surface Mining Reclamation and Enforcement, 
Department of the Interior.

ACTION: Notice of Availability; Record of Decision.

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

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE) are announcing that the Record of Decision (ROD) for the Four 
Corners Power Plant (FCPP) and Navajo Mine Energy Project is available 
for public review. The Deputy Secretary for the Department of the 
Interior, Director of OSMRE, Director of the Bureau of Indian Affairs 
(BIA) and the Director of the Bureau of Land Management (BLM) signed 
the ROD on [July 15, 2015], which constitutes the final decision of the 
Department.

ADDRESSES: You may review the ROD online via OSMRE's Web site at: 
http://www.wrcc.osmre.gov/Current_Initiatives/FCNAVPRJ/FCPPEIS.shtm. 
Copies of the ROD are available to the public at the OSMRE's Western 
Region office, located at 1999 Broadway, Suite 3320, Denver, Colorado 
80202-5733. Paper and CD copies of the ROD are also available at the 
following locations:

Navajo Nation Library--Highway 264 Loop Road, Window Rock, AZ 86515
Navajo Nation Division of Natural Resources--Executive Office 
Building 1-2636, Window Rock Blvd., Window Rock, AZ 86515
Hopi Public Mobile Library--1 Main Street, Kykotsmovi, AZ 86039
Albuquerque Main Library--501 Copper Ave., NW., Albuquerque, NM 
87102
Cortez Public Library--202 N. Park Street, Cortez, CO 81321
Durango Public Library--1900 E. Third Ave., Durango, CO 81301
Farmington Public Library--2101 Farmington Ave., Farmington, NM 
87401
Octavia Fellin Public Library--115 W. Hill Ave., Gallup, NM 87301
Shiprock Branch Library--U.S. Highway 491, Shiprock, NM 87420
Tuba City Public Library--78 Main Street, Tuba City, AZ 86045
Chinle Chapter House--Highway 191, Chinle, AZ 86503
Coalmine Canyon Chapter House--Highway 160 and Main Street, Tuba 
City, AZ 86045
Nenahnezad Chapter House--County Road 6675, Navajo Route 365, 
Fruitland, NM 87416
Shiprock Chapter House--East on Highway 64, Shiprock, NM 87420
Tiis Tsoh Sikaad Chapter House--12 miles east of U.S. 491 on Navajo 
Route 5 and \1/2\ mile south on Navajo Route 5080
Upper Fruitland Chapter House--N562 Building #006-001, North of 
Highway N36, Fruitland, NM 87416
BLM Rio Puerco Field Office--435 Montano Road, NE., Albuquerque, NM 
87107
BIA Navajo Region--301 West Hill Street, Gallup, NM 87301
BIA Chinle Office--Navajo Route 7, Building 136-C, Chinle, AZ 86503
BIA Eastern Navajo Office--Highland Road Code Talker Street, 
Building 222, Crownpoint, NM 87313
BIA Fort Defiance Office--Bonita Drive, Building 251-3, Fort 
Defiance, AZ 86504
BIA Ramah Office--HC-61, Box 14, Ramah, NM 87321
BIA Shiprock Office--Nataani Nez Complex Building, Second Floor, 
Highway 491 South, Shiprock, NM 87420
BIA Southern Pueblos Office--1001 Indian School Road, NW., 
Albuquerque, NM 87104
BIA Southern Ute Office--383 Ute Road, Building 1, Ignacio, CO 81137
BIA Ute Mountain Ute Office--Phillip Coyote Sr. Memorial Hall, 440 
Sunset Blvd., Towaoc, CO 81334
BIA Western Navajo Agency--East Highway 160 and Warrior Drive, Tuba 
City, AZ 86045

    In addition, a limited number of CD copies of the FEIS have been 
prepared and are available upon request. Because of the time and 
expense in producing and mailing CD and paper copies, OSMRE requests 
that the public review the Internet or publicly available copies, if 
possible. You may obtain a CD by contacting the person identified in 
FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: For further information contact Mychal 
Yellowman, Project Coordinator, telephone: 303-293-5049; address: 1999 
Broadway, Suite 3320, Denver, Colorado 80202-5733; email: 
myellowman@osmre.gov.

SUPPLEMENTARY INFORMATION: 

I. Background on the Project
II. Background on the Four Corners Power Plant
III. Background on the Pinabete Mine Permit and the Navajo Mine 
Permit Renewal
IV. Alternatives
V. Response to Public Comment

I. Background on the Project

    The purpose of the Proposed Action is to allow continued operations 
of the FCPP and Navajo Mine and operation of the associated 
transmission lines. The Proposed Action would be consistent with 
federal Indian trust policies, including, but not limited to, a 
preference for tribal self-determination and promoting tribal economic 
development for all tribes affected by the Proposed Action. The Final 
Environmental Impact Statement (FEIS) evaluates the direct, indirect, 
and cumulative impacts of the Proposed Action at the FCPP, the proposed 
Pinabete Permit area, the existing Navajo Mine Permit area, and the 
rights-of-way renewals for segments of four transmission lines that 
transmit power from the FCPP. The public may view information about the 
Proposed Action on OSMRE's Web site at: http://www.wrcc.osmre.gov/Current_Initiatives/FCNAVPRJ/FCPPEIS.shtm.
    Cooperating agencies for this National Environmental Policy Act 
(NEPA) process include: The Bureau of Indian Affairs (BIA), the Bureau 
of Land Management (BLM), the U.S. Environmental Protection Agency 
(USEPA), the U.S. Fish and Wildlife Service (USFWS), the National Park 
Service (NPS), the U.S. Army Corps of Engineers (USACE), the Navajo 
Nation, and the Hopi Tribe.
    OSMRE complied with Section 106 of the National Historic 
Preservation Act (54 U.S.C. 300101 et seq.) (NHPA Section 106) as 
provided for in 36 CFR 800.2(d)(3) concurrent with the NEPA process, 
including public involvement requirements and consultation with the 
State Historic Preservation Officer and

[[Page 43117]]

Tribal Historic Preservation Officer. Consultation with Tribes and 
individual Native Americans were conducted in accordance with 
applicable laws, regulations, and Department of the Interior (DOI) 
trust policy as summarized in the FEIS. Consultation is complete and 
Programmatic Agreements have been signed by the consulting parties. 
These agreements are included as attachments to the FEIS.
    OSMRE also conducted formal consultation with the USFWS pursuant to 
Section 7 of the Endangered Species Act (ESA; 16 U.S.C. 1536) and 
associated implementing regulations (50 CFR part 400). This formal 
consultation considered direct, indirect, and cumulative effects from 
the Proposed Action, and USFWS prepared a Biological Opinion which is 
included as an attachment to the FEIS.
    Federal actions related to FCPP and Navajo Mine Energy Project will 
comply with all applicable laws and regulations, including: The Indian 
Business Site Leasing Act, 25 U.S.C. 415; the General Right-of-Way Act 
of 1948, 25 U.S.C. 323-328; the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA), 30 U.S.C. 1201-1328; the Clean Water Act, 33 
U.S.C. 1251-1387; the Clean Air Act, 42 U.S.C. 7401-7671q; the Native 
American Graves Protection and Repatriation Act, 25 U.S.C. 3001-3013; 
and Executive Orders relating to Environmental Justice, Sacred Sites, 
and Government-to-Government Consultation.

II. Background on Lease Amendment No. 3 at the Four Corners Power Plant

    The FCPP is a coal-fired electric generating station located on 
Navajo tribal trust lands. FCPP currently includes two energy 
generation units producing approximately 1,500 megawatts, and provides 
power to more than 500,000 customers throughout the southwestern U.S. 
Nearly 80 percent of the employees at the plant are Native American. 
Arizona Public Service (APS) operates the FCPP and executed a lease 
amendment (Lease Amendment No. 3) with the Navajo Nation to extend the 
term of the FCPP lease for an additional 25 years, to 2041. Continued 
operation of the FCPP would require several federal actions, including:
     BIA approval of Lease Amendment No.3 for the FCPP, 
pursuant to 25 U.S.C. 415. As approved, the ash disposal area would be 
expanded within the existing FCPP lease area. There are no additional 
proposed changes to the FCPP, the switch yard, or any of the 
transmission lines and ancillary facilities, as part of the Proposed 
Action.
     BIA issuance of renewed rights-of-way, pursuant to 25 
U.S.C. 323, for the continued operation of the FCPP, switchyard, and 
ancillary facilities; for a 500 kilovolt (kV) transmission line and two 
345 kV transmission lines; and for ancillary transmission line 
facilities, including the Moenkopi Switchyard, an associated 12 kV 
line, and an access road (collectively the ``existing facilities''). 
These existing facilities are located on Navajo tribal trust lands, 
except for the 500 kV transmission line, which crosses both Navajo and 
Hopi tribal trust lands. The Proposed Action would continue operation 
and maintenance of these facilities. No upgrades to the existing 
facilities are part of the Proposed Action.
     BIA issuance of renewed rights-of-way to the Public 
Service of New Mexico (PNM) for the existing 345 kV transmission line. 
The transmission line will continue to be maintained and operated as 
part of the Proposed Action. No upgrades to this transmission line are 
planned as part of the Proposed Action.
    In August 2012, the USEPA published its Federal Implementation Plan 
(FIP) for the Best Available Retrofit Technology (BART) at FCPP (40 CFR 
49.5512). As a result, APS decommissioned Units 1, 2, and 3 at the FCPP 
in December 2013, and will install selective catalytic reduction 
equipment on Units 4 and 5 by 2018.

III. Background on Pinabete Mine Permit and the Navajo Mine Permit 
Renewal

    NTEC proposes to conduct surface coal mining operations within a 
new 5,659-acre permit area, called the Pinabete Permit area. This 
proposed permit area lies within the boundaries of the existing Navajo 
Mine lease, which is located adjacent to the FCPP on Navajo tribal 
trust lands. Surface mining operations would occur on an approximately 
2,744-acre portion of the proposed Pinabete Permit area, with a total 
disturbance footprint, including staging areas, of approximately 4,100 
acres. The proposed Pinabete Permit area would, in conjunction with the 
mining of any reserves remaining within the existing Navajo Mine Permit 
area (Federal SMCRA Permit NM0003F), supply low-sulfur coal to the FCPP 
at a rate of approximately 5.8 million tons per year. Development of 
the Pinabete Permit area and associated coal reserves would use surface 
mining methods, and based on current projected customer needs, would 
supply coal to FCPP for up to 25 years beginning in 2016. The proposed 
Pinabete Permit area would include previously permitted but undeveloped 
coal reserves within Area IV North of the Navajo Mine Lease, and 
unpermitted and undeveloped coal reserves in a portion of Area IV South 
of the existing Navajo Mine Lease. Approval of the proposed Pinabete 
Permit would require several federal actions, including:
     OSMRE approval of the new SMCRA permit.
     BLM approval of a revised Mine Plan developed for the 
proposed maximum economic recovery of coal reserves.
     USACE approval of a Section 404 Individual Permit for 
impacts to waters of the United States from proposed mining activities.
     USEPA approval of a new source Section 402 National 
Pollutant Discharge Elimination System (NPDES) Industrial Permit 
associated with the mining and reclamation operations and coal 
preparation facilities.
     BIA approval of a proposed realignment for approximately 
2.8 miles of BIA 3005/Navajo Road N-5082 (Burnham Road) in Area IV 
South to avoid proposed mining areas. This realignment would not be 
needed until 2022; however, the potential impacts of this realignment 
are analyzed in the FEIS.
     BIA approval or grant of permits or rights-of-way for 
access and haul roads, power supply for operations, and related 
facilities.
    In addition, in 2014, OSMRE administratively delayed its decision 
on NTEC's renewal application for its existing Navajo Mine SMCRA Permit 
No. NM00003F. The EIS, therefore, also addresses alternatives and 
direct, indirect, and cumulative impacts of the 2014 renewal 
application action.

IV. Alternatives

    Alternatives considered in the EIS include three different mine 
plan configurations at Navajo Mine; implementing highwall or longwall 
mining techniques at the Navajo Mine; two different ash disposal 
facility configurations at FCPP; conversion of FCPP to a renewable 
energy plant; implementing carbon capture and storage at FCPP; and use 
of an off-site coal supply option for FCPP.

V. Revisions to the Draft EIS

    In accordance with the CEQ's regulations for implementing NEPA and 
the DOI's NEPA regulations, OSMRE solicited public comments on the 
Draft EIS. OSMRE responses to comments are included in Appendix F of 
the FEIS. Comments on the Draft EIS received from the public were 
considered and incorporated as appropriate into the

[[Page 43118]]

FEIS. Public comments resulted in the addition of clarifying text, but 
did not change any of the impact analyses or significance 
determinations.
    In addition, the FEIS includes updates based on evolving regulatory 
guidance and completion of the Section 106 and Section 7 consultation 
processes.
    The EPA published the Notice of Availability of the Final 
Environmental Impact Statement in the Federal Register by the OSMRE (80 
FR 24965) on May 1, 2015. Printed and CD copies of the Draft EIS and 
Final EIS are available at the same locations as listed in ADDRESSES 
above. The ROD conditions OSMRE, BIA and BLM's approval on all 
mitigation measures identified in the Final EIS and additional 
mitigation measures identified in the Final Biological Opinion and the 
ROD.
    Because BIA's and BLM's decision is approved by the Secretary of 
the Interior, it is not subject to administrative appeal in accordance 
with the regulations at 43 CFR 4.410(a)(3). Any challenges to BIA & 
BLM's decisions, must be brought in federal district court. OSMRE's 
decisions may be appealed by a person with an interest which is or may 
be adversely affected under the procedures set forth in 30 CFR 775 and 
43 CFR part 4.

    Authority: 40 CFR 1506.6, 40 CFR 1506.10

    Dated: July 15, 2015.
Joseph G. Pizarchik,
Director, Office of Surface Mining Reclamation and Enforcement.
[FR Doc. 2015-17881 Filed 7-20-15; 8:45 am]
 BILLING CODE 4310-05P



                                                    43116                           Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices

                                                    Ontario County                                           www.wrcc.osmre.gov/Current_                           and are available upon request. Because
                                                    St. Francis de Sales Parish Complex, 94, 110,            Initiatives/FCNAVPRJ/FCPPEIS.shtm.                    of the time and expense in producing
                                                      130 & 140 Exchange St., Geneva, 15000514               Copies of the ROD are available to the                and mailing CD and paper copies,
                                                    Orange County                                            public at the OSMRE’s Western Region                  OSMRE requests that the public review
                                                                                                             office, located at 1999 Broadway, Suite               the Internet or publicly available copies,
                                                    Cottage in the Pines, 1200 NY 42, Deerpark,
                                                      15000515
                                                                                                             3320, Denver, Colorado 80202–5733.                    if possible. You may obtain a CD by
                                                                                                             Paper and CD copies of the ROD are also               contacting the person identified in FOR
                                                    Rockland County                                          available at the following locations:                 FURTHER INFORMATION CONTACT.
                                                    Main School, 45 Mountain Ave., Hilburn,                  Navajo Nation Library—Highway 264 Loop                FOR FURTHER INFORMATION CONTACT: For
                                                      15000516                                                 Road, Window Rock, AZ 86515                         further information contact Mychal
                                                    Suffolk County                                           Navajo Nation Division of Natural                     Yellowman, Project Coordinator,
                                                                                                               Resources—Executive Office Building 1–              telephone: 303–293–5049; address: 1999
                                                    Babylon Library, The, 117 W. Main St.,
                                                      Babylon, 15000517                                        2636, Window Rock Blvd., Window Rock,               Broadway, Suite 3320, Denver, Colorado
                                                    Tuthill, Daniel and Henry P., Farm, 1146                   AZ 86515                                            80202–5733; email: myellowman@
                                                      Main Rd., Jamesport, 15000518                          Hopi Public Mobile Library—1 Main Street,
                                                                                                               Kykotsmovi, AZ 86039
                                                                                                                                                                   osmre.gov.
                                                    Wyoming County                                           Albuquerque Main Library—501 Copper                   SUPPLEMENTARY INFORMATION:
                                                    Roup, Barna C., House, 38 Borden Ave.,                     Ave., NW., Albuquerque, NM 87102
                                                                                                                                                                   I. Background on the Project
                                                      Perry, 15000519                                        Cortez Public Library—202 N. Park Street,
                                                                                                                                                                   II. Background on the Four Corners Power
                                                                                                               Cortez, CO 81321
                                                    WYOMING                                                                                                           Plant
                                                                                                             Durango Public Library—1900 E. Third Ave.,
                                                                                                                                                                   III. Background on the Pinabete Mine Permit
                                                    Natrona County                                             Durango, CO 81301
                                                                                                                                                                      and the Navajo Mine Permit Renewal
                                                                                                             Farmington Public Library—2101 Farmington
                                                    Edness Kimball Wilkins No. 1 Site, Address                                                                     IV. Alternatives
                                                                                                               Ave., Farmington, NM 87401
                                                      Restricted, Evansville, 15000520                       Octavia Fellin Public Library—115 W. Hill             V. Response to Public Comment
                                                      In the interest of preservation, a three day             Ave., Gallup, NM 87301                              I. Background on the Project
                                                    comment period has been requested for the                Shiprock Branch Library—U.S. Highway 491,
                                                    following resource:                                        Shiprock, NM 87420                                     The purpose of the Proposed Action
                                                                                                             Tuba City Public Library—78 Main Street,              is to allow continued operations of the
                                                    FLORIDA
                                                                                                               Tuba City, AZ 86045                                 FCPP and Navajo Mine and operation of
                                                    Lake County                                              Chinle Chapter House—Highway 191,                     the associated transmission lines. The
                                                    Fruitland Park Community Center, 604 W.                    Chinle, AZ 86503                                    Proposed Action would be consistent
                                                      Berckman St., Fruitland Park, 15000508                 Coalmine Canyon Chapter House—Highway                 with federal Indian trust policies,
                                                    [FR Doc. 2015–17771 Filed 7–20–15; 8:45 am]                160 and Main Street, Tuba City, AZ 86045            including, but not limited to, a
                                                                                                             Nenahnezad Chapter House—County Road
                                                    BILLING CODE 4312–51–P
                                                                                                               6675, Navajo Route 365, Fruitland, NM
                                                                                                                                                                   preference for tribal self-determination
                                                                                                               87416                                               and promoting tribal economic
                                                                                                             Shiprock Chapter House—East on Highway                development for all tribes affected by
                                                    DEPARTMENT OF THE INTERIOR                                 64, Shiprock, NM 87420                              the Proposed Action. The Final
                                                                                                             Tiis Tsoh Sikaad Chapter House—12 miles               Environmental Impact Statement (FEIS)
                                                    Office of Surface Mining Reclamation                       east of U.S. 491 on Navajo Route 5 and 1⁄2          evaluates the direct, indirect, and
                                                    and Enforcement                                            mile south on Navajo Route 5080                     cumulative impacts of the Proposed
                                                    [S1D1S SS08011000 SX064A000                              Upper Fruitland Chapter House—N562                    Action at the FCPP, the proposed
                                                    156S180110; S2D2S SS08011000                               Building #006–001, North of Highway N36,            Pinabete Permit area, the existing
                                                    SX064A000 15XS501520]                                      Fruitland, NM 87416
                                                                                                             BLM Rio Puerco Field Office—435 Montano
                                                                                                                                                                   Navajo Mine Permit area, and the rights-
                                                                                                               Road, NE., Albuquerque, NM 87107                    of-way renewals for segments of four
                                                    Final Four Corners Power Plant and                                                                             transmission lines that transmit power
                                                    Navajo Mine Energy Project; Record of                    BIA Navajo Region—301 West Hill Street,
                                                                                                               Gallup, NM 87301                                    from the FCPP. The public may view
                                                    Decision.                                                BIA Chinle Office—Navajo Route 7, Building            information about the Proposed Action
                                                    AGENCY: Office of Surface Mining                           136–C, Chinle, AZ 86503                             on OSMRE’s Web site at: http://
                                                    Reclamation and Enforcement,                             BIA Eastern Navajo Office—Highland Road               www.wrcc.osmre.gov/Current_
                                                                                                               Code Talker Street, Building 222,                   Initiatives/FCNAVPRJ/FCPPEIS.shtm.
                                                    Department of the Interior.
                                                                                                               Crownpoint, NM 87313                                   Cooperating agencies for this National
                                                    ACTION: Notice of Availability; Record of                BIA Fort Defiance Office—Bonita Drive,
                                                    Decision.                                                  Building 251–3, Fort Defiance, AZ 86504
                                                                                                                                                                   Environmental Policy Act (NEPA)
                                                                                                             BIA Ramah Office—HC–61, Box 14, Ramah,                process include: The Bureau of Indian
                                                    SUMMARY:  We, the Office of Surface                        NM 87321                                            Affairs (BIA), the Bureau of Land
                                                    Mining Reclamation and Enforcement                       BIA Shiprock Office—Nataani Nez Complex               Management (BLM), the U.S.
                                                    (OSMRE) are announcing that the                            Building, Second Floor, Highway 491                 Environmental Protection Agency
                                                    Record of Decision (ROD) for the Four                      South, Shiprock, NM 87420                           (USEPA), the U.S. Fish and Wildlife
                                                    Corners Power Plant (FCPP) and Navajo                    BIA Southern Pueblos Office—1001 Indian               Service (USFWS), the National Park
                                                    Mine Energy Project is available for                       School Road, NW., Albuquerque, NM                   Service (NPS), the U.S. Army Corps of
                                                    public review. The Deputy Secretary for                    87104                                               Engineers (USACE), the Navajo Nation,
                                                    the Department of the Interior, Director                 BIA Southern Ute Office—383 Ute Road,
                                                                                                                                                                   and the Hopi Tribe.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                               Building 1, Ignacio, CO 81137
                                                    of OSMRE, Director of the Bureau of                      BIA Ute Mountain Ute Office—Phillip Coyote               OSMRE complied with Section 106 of
                                                    Indian Affairs (BIA) and the Director of                   Sr. Memorial Hall, 440 Sunset Blvd.,                the National Historic Preservation Act
                                                    the Bureau of Land Management (BLM)                        Towaoc, CO 81334                                    (54 U.S.C. 300101 et seq.) (NHPA
                                                    signed the ROD on [July 15, 2015],                       BIA Western Navajo Agency—East Highway                Section 106) as provided for in 36 CFR
                                                    which constitutes the final decision of                    160 and Warrior Drive, Tuba City, AZ                800.2(d)(3) concurrent with the NEPA
                                                    the Department.                                            86045                                               process, including public involvement
                                                    ADDRESSES: You may review the ROD                          In addition, a limited number of CD                 requirements and consultation with the
                                                    online via OSMRE’s Web site at: http://                  copies of the FEIS have been prepared                 State Historic Preservation Officer and


                                               VerDate Sep<11>2014   17:58 Jul 20, 2015   Jkt 235001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\21JYN1.SGM   21JYN1


                                                                                    Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices                                          43117

                                                    Tribal Historic Preservation Officer.                       • BIA issuance of renewed rights-of-               undeveloped coal reserves within Area
                                                    Consultation with Tribes and individual                  way, pursuant to 25 U.S.C. 323, for the               IV North of the Navajo Mine Lease, and
                                                    Native Americans were conducted in                       continued operation of the FCPP,                      unpermitted and undeveloped coal
                                                    accordance with applicable laws,                         switchyard, and ancillary facilities; for a           reserves in a portion of Area IV South
                                                    regulations, and Department of the                       500 kilovolt (kV) transmission line and               of the existing Navajo Mine Lease.
                                                    Interior (DOI) trust policy as                           two 345 kV transmission lines; and for                Approval of the proposed Pinabete
                                                    summarized in the FEIS. Consultation is                  ancillary transmission line facilities,               Permit would require several federal
                                                    complete and Programmatic Agreements                     including the Moenkopi Switchyard, an                 actions, including:
                                                    have been signed by the consulting                       associated 12 kV line, and an access                     • OSMRE approval of the new
                                                    parties. These agreements are included                   road (collectively the ‘‘existing                     SMCRA permit.
                                                    as attachments to the FEIS.                              facilities’’). These existing facilities are             • BLM approval of a revised Mine
                                                      OSMRE also conducted formal                            located on Navajo tribal trust lands,                 Plan developed for the proposed
                                                    consultation with the USFWS pursuant                     except for the 500 kV transmission line,              maximum economic recovery of coal
                                                    to Section 7 of the Endangered Species                   which crosses both Navajo and Hopi                    reserves.
                                                    Act (ESA; 16 U.S.C. 1536) and                            tribal trust lands. The Proposed Action                  • USACE approval of a Section 404
                                                    associated implementing regulations (50                  would continue operation and                          Individual Permit for impacts to waters
                                                    CFR part 400). This formal consultation                  maintenance of these facilities. No                   of the United States from proposed
                                                    considered direct, indirect, and                         upgrades to the existing facilities are               mining activities.
                                                    cumulative effects from the Proposed                     part of the Proposed Action.                             • USEPA approval of a new source
                                                    Action, and USFWS prepared a                                • BIA issuance of renewed rights-of-               Section 402 National Pollutant
                                                    Biological Opinion which is included as                  way to the Public Service of New                      Discharge Elimination System (NPDES)
                                                    an attachment to the FEIS.                               Mexico (PNM) for the existing 345 kV                  Industrial Permit associated with the
                                                                                                             transmission line. The transmission line              mining and reclamation operations and
                                                      Federal actions related to FCPP and
                                                                                                             will continue to be maintained and                    coal preparation facilities.
                                                    Navajo Mine Energy Project will comply
                                                                                                             operated as part of the Proposed Action.                 • BIA approval of a proposed
                                                    with all applicable laws and regulations,
                                                                                                             No upgrades to this transmission line                 realignment for approximately 2.8 miles
                                                    including: The Indian Business Site
                                                                                                             are planned as part of the Proposed                   of BIA 3005/Navajo Road N–5082
                                                    Leasing Act, 25 U.S.C. 415; the General
                                                                                                             Action.                                               (Burnham Road) in Area IV South to
                                                    Right-of-Way Act of 1948, 25 U.S.C.                         In August 2012, the USEPA published                avoid proposed mining areas. This
                                                    323–328; the Surface Mining Control                      its Federal Implementation Plan (FIP)                 realignment would not be needed until
                                                    and Reclamation Act of 1977 (SMCRA),                     for the Best Available Retrofit                       2022; however, the potential impacts of
                                                    30 U.S.C. 1201–1328; the Clean Water                     Technology (BART) at FCPP (40 CFR                     this realignment are analyzed in the
                                                    Act, 33 U.S.C. 1251–1387; the Clean Air                  49.5512). As a result, APS                            FEIS.
                                                    Act, 42 U.S.C. 7401–7671q; the Native                    decommissioned Units 1, 2, and 3 at the                  • BIA approval or grant of permits or
                                                    American Graves Protection and                           FCPP in December 2013, and will install               rights-of-way for access and haul roads,
                                                    Repatriation Act, 25 U.S.C. 3001–3013;                   selective catalytic reduction equipment               power supply for operations, and
                                                    and Executive Orders relating to                         on Units 4 and 5 by 2018.                             related facilities.
                                                    Environmental Justice, Sacred Sites, and                                                                          In addition, in 2014, OSMRE
                                                    Government-to-Government                                 III. Background on Pinabete Mine
                                                                                                                                                                   administratively delayed its decision on
                                                    Consultation.                                            Permit and the Navajo Mine Permit
                                                                                                             Renewal                                               NTEC’s renewal application for its
                                                    II. Background on Lease Amendment                                                                              existing Navajo Mine SMCRA Permit
                                                    No. 3 at the Four Corners Power Plant                       NTEC proposes to conduct surface                   No. NM00003F. The EIS, therefore, also
                                                                                                             coal mining operations within a new                   addresses alternatives and direct,
                                                       The FCPP is a coal-fired electric                     5,659-acre permit area, called the                    indirect, and cumulative impacts of the
                                                    generating station located on Navajo                     Pinabete Permit area. This proposed                   2014 renewal application action.
                                                    tribal trust lands. FCPP currently                       permit area lies within the boundaries
                                                    includes two energy generation units                     of the existing Navajo Mine lease, which              IV. Alternatives
                                                    producing approximately 1,500                            is located adjacent to the FCPP on                      Alternatives considered in the EIS
                                                    megawatts, and provides power to more                    Navajo tribal trust lands. Surface mining             include three different mine plan
                                                    than 500,000 customers throughout the                    operations would occur on an                          configurations at Navajo Mine;
                                                    southwestern U.S. Nearly 80 percent of                   approximately 2,744-acre portion of the               implementing highwall or longwall
                                                    the employees at the plant are Native                    proposed Pinabete Permit area, with a                 mining techniques at the Navajo Mine;
                                                    American. Arizona Public Service (APS)                   total disturbance footprint, including                two different ash disposal facility
                                                    operates the FCPP and executed a lease                   staging areas, of approximately 4,100                 configurations at FCPP; conversion of
                                                    amendment (Lease Amendment No. 3)                        acres. The proposed Pinabete Permit                   FCPP to a renewable energy plant;
                                                    with the Navajo Nation to extend the                     area would, in conjunction with the                   implementing carbon capture and
                                                    term of the FCPP lease for an additional                 mining of any reserves remaining within               storage at FCPP; and use of an off-site
                                                    25 years, to 2041. Continued operation                   the existing Navajo Mine Permit area                  coal supply option for FCPP.
                                                    of the FCPP would require several                        (Federal SMCRA Permit NM0003F),
                                                    federal actions, including:                              supply low-sulfur coal to the FCPP at a               V. Revisions to the Draft EIS
                                                       • BIA approval of Lease Amendment                     rate of approximately 5.8 million tons                   In accordance with the CEQ’s
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    No.3 for the FCPP, pursuant to 25 U.S.C.                 per year. Development of the Pinabete                 regulations for implementing NEPA and
                                                    415. As approved, the ash disposal area                  Permit area and associated coal reserves              the DOI’s NEPA regulations, OSMRE
                                                    would be expanded within the existing                    would use surface mining methods, and                 solicited public comments on the Draft
                                                    FCPP lease area. There are no additional                 based on current projected customer                   EIS. OSMRE responses to comments are
                                                    proposed changes to the FCPP, the                        needs, would supply coal to FCPP for                  included in Appendix F of the FEIS.
                                                    switch yard, or any of the transmission                  up to 25 years beginning in 2016. The                 Comments on the Draft EIS received
                                                    lines and ancillary facilities, as part of               proposed Pinabete Permit area would                   from the public were considered and
                                                    the Proposed Action.                                     include previously permitted but                      incorporated as appropriate into the


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                                                    43118                           Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices

                                                    FEIS. Public comments resulted in the                    Office of Investigations, U.S.                          Secretary on what determination the
                                                    addition of clarifying text, but did not                 International Trade Commission, 500 E                   Commission should reach in the review.
                                                    change any of the impact analyses or                     Street SW., Washington, DC 20436.                       Comments are due on or before August
                                                    significance determinations.                             Hearing-impaired persons can obtain                     6, 2015 and may not contain new factual
                                                      In addition, the FEIS includes updates                 information on this matter by contacting                information. Any person that is neither
                                                    based on evolving regulatory guidance                    the Commission’s TDD terminal on 202–                   a party to the five-year review nor an
                                                    and completion of the Section 106 and                    205–1810. Persons with mobility                         interested party may submit a brief
                                                    Section 7 consultation processes.                        impairments who will need special                       written statement (which shall not
                                                      The EPA published the Notice of                        assistance in gaining access to the                     contain any new factual information)
                                                    Availability of the Final Environmental                  Commission should contact the Office                    pertinent to the review by August 6,
                                                    Impact Statement in the Federal                          of the Secretary at 202–205–2000.                       2015. However, should the Department
                                                    Register by the OSMRE (80 FR 24965)                      General information concerning the                      of Commerce extend the time limit for
                                                    on May 1, 2015. Printed and CD copies                    Commission may also be obtained by                      its completion of the final results of its
                                                    of the Draft EIS and Final EIS are                       accessing its internet server (http://                  review, the deadline for comments
                                                    available at the same locations as listed                www.usitc.gov). The public record for                   (which may not contain new factual
                                                    in ADDRESSES above. The ROD                              this review may be viewed on the                        information) on Commerce’s final
                                                    conditions OSMRE, BIA and BLM’s                          Commission’s electronic docket (EDIS)                   results is three business days after the
                                                    approval on all mitigation measures                      at http://edis.usitc.gov.                               issuance of Commerce’s results. If
                                                    identified in the Final EIS and                          SUPPLEMENTARY INFORMATION:                              comments contain business proprietary
                                                    additional mitigation measures                              Background.—On July 6, 2015, the                     information (BPI), they must conform
                                                    identified in the Final Biological                       Commission determined that the                          with the requirements of sections 201.6,
                                                    Opinion and the ROD.                                     domestic interested party group                         207.3, and 207.7 of the Commission’s
                                                      Because BIA’s and BLM’s decision is                    response to its notice of institution (80               rules. Please be aware that the
                                                    approved by the Secretary of the                         FR 17499, April 1, 2015) of the subject                 Commission’s rules with respect to
                                                    Interior, it is not subject to                           five-year review was adequate and that                  filing have changed. The most recent
                                                    administrative appeal in accordance                      the respondent interested party group                   amendments took effect on July 25,
                                                    with the regulations at 43 CFR                           response was inadequate. The                            2014. See 79 FR 35920 (June 25, 2014),
                                                    4.410(a)(3). Any challenges to BIA &                     Commission did not find any other                       and the revised Commission Handbook
                                                    BLM’s decisions, must be brought in                      circumstances that would warrant                        on E-filing, available from the
                                                    federal district court. OSMRE’s                          conducting a full review.1 2                            Commission’s Web site at http://
                                                    decisions may be appealed by a person                    Accordingly, the Commission                             edis.usitc.gov.
                                                    with an interest which is or may be                      determined that it would conduct an                        In accordance with sections 201.16(c)
                                                    adversely affected under the procedures                  expedited review pursuant to section                    and 207.3 of the rules, each document
                                                    set forth in 30 CFR 775 and 43 CFR                       751(c)(3) of the Tariff Act of 1930 (19                 filed by a party to the review must be
                                                    part 4.                                                  U.S.C. 1675(c)(3)).                                     served on all other parties to the review
                                                       Authority: 40 CFR 1506.6, 40 CFR 1506.10                 For further information concerning                   (as identified by either the public or BPI
                                                                                                             the conduct of this review and rules of                 service list), and a certificate of service
                                                      Dated: July 15, 2015.
                                                                                                             general application, consult the                        must be timely filed. The Secretary will
                                                    Joseph G. Pizarchik,                                     Commission’s Rules of Practice and                      not accept a document for filing without
                                                    Director, Office of Surface Mining                       Procedure, part 201, subparts A and B                   a certificate of service.
                                                    Reclamation and Enforcement.                             (19 CFR part 201), and part 207,                          Authority: This review is being conducted
                                                    [FR Doc. 2015–17881 Filed 7–20–15; 8:45 am]              subparts A, D, E, and F (19 CFR part                    under authority of title VII of the Tariff Act
                                                    BILLING CODE 4310–05P                                    207).                                                   of 1930; this notice is published pursuant to
                                                                                                                Staff report.—A staff report                         section 207.62 of the Commission’s rules.
                                                                                                             containing information concerning the                     By order of the Commission.
                                                    INTERNATIONAL TRADE                                      subject matter of the review will be                      Issued: July 15, 2015.
                                                    COMMISSION                                               placed in the nonpublic record on                       Jennifer Rohrbach,
                                                    [Investigation No. 731–TA–1070A (Second
                                                                                                             August 3, 2015, and made available to
                                                                                                                                                                     Supervisory Attorney.
                                                    Review)]                                                 persons on the Administrative
                                                                                                                                                                     [FR Doc. 2015–17741 Filed 7–20–15; 8:45 am]
                                                                                                             Protective Order service list for this
                                                                                                                                                                     BILLING CODE 7020–02–P
                                                    Crepe Paper From China; Scheduling                       review. A public version will be issued
                                                    of an Expedited Five-Year Review                         thereafter, pursuant to section
                                                                                                             207.62(d)(4) of the Commission’s rules.
                                                    AGENCY: United States International                         Written submissions.—As provided in                  INTERNATIONAL TRADE
                                                    Trade Commission.                                        section 207.62(d) of the Commission’s                   COMMISSION
                                                    ACTION: Notice.                                          rules, interested parties that are parties
                                                    SUMMARY:   The Commission hereby gives                   to the review and that have provided                    [Investigation Nos. 701–TA–462 and 731–
                                                                                                             individually adequate responses to the                  TA–1156–1158 (First Review) and 731–TA–
                                                    notice of the scheduling of an expedited                                                                         1043–1045 (Second Review)]
                                                    review pursuant to the Tariff Act of                     notice of institution, and any party other
                                                    1930 (‘‘the Act’’) to determine whether                  than an interested party to the review
                                                                                                                                                                     Polyethylene Retail Carrier Bags From
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    revocation of the antidumping duty                       may file written comments with the
                                                                                                                                                                     China, Indonesia, Malaysia, Taiwan,
                                                    order on crepe paper from China would                      1 A record of the Commissioners’ votes, the
                                                                                                                                                                     Thailand, and Vietnam; Notice of
                                                    be likely to lead to continuation or                     Commission’s statement on adequacy, and any             Commission Determination To
                                                    recurrence of material injury within a                   individual Commissioner’s statements will be            Conduct Full Five-Year Reviews
                                                    reasonably foreseeable time.                             available from the Office of the Secretary and at the
                                                                                                             Commission’s Web site.                                  AGENCY: United States International
                                                    DATES: Effective Date: July 6, 2015.                       2 Chairman Meredith M. Broadbent and                  Trade Commission.
                                                    FOR FURTHER INFORMATION CONTACT:                         Commissioner F. Scott Kieff voted to conduct a full     ACTION: Notice.
                                                    Michael Haberstroh, (202) 205–3390,                      review.



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Document Created: 2018-02-23 09:22:52
Document Modified: 2018-02-23 09:22:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Availability; Record of Decision.
ContactFor further information contact Mychal
FR Citation80 FR 43116 

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