81 FR 51197 - Elephant Butte Irrigation District; Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 81, Issue 149 (August 3, 2016)
Federal Energy Regulatory Commission
Federal Register Volume 81, Issue 149 (August 3, 2016)
| Page Range | 51197-51198 | |
| FR Document | 2016-18358 |
[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)] [Notices] [Pages 51197-51198] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18358] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CD16-17-000] Elephant Butte Irrigation District; Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene On July 26, 2016, Elephant Butte Irrigation District filed a notice of intent to construct a qualifying conduit hydropower facility, pursuant to section 30 of the Federal Power Act (FPA), as amended by section 4 of the Hydropower Regulatory Efficiency Act of 2013 (HREA). The proposed Drop 8 Facility would have an installed capacity of 40 kilowatts (kW), and would be located at the existing Drop 8 check structure of Elephant Butte Irrigation District's Westside Irrigation Canal. The project would be located near La Mesa in Do[ntilde]a Ana County, New Mexico. Applicant Contact: Gary L. Esslinger, Treasurer/Manager, Elephant Butte Irrigation District, 530 S. Melendres, Las Cruces, NM 88005, Phone No. (575) 526-6671. FERC Contact: Christopher Chaney, Phone No. (202) 502-6778, email: [email protected]. Qualifying Conduit Hydropower Facility Description: The proposed project would consist of: (1) A drywell, approximately 23 feet by 13 feet, within the canal's right bank; (2) two new turbine/generating units with a total installed capacity of 40 kW; (3) two 24-inch- diameter, 9-foot-long intake pipes; (4) one 48-inch-diameter, 120-foot- long raceway returning water to the Westside Irrigation Canal; and (5) appurtenant facilities. The proposed project would have an estimated annual generating capacity of 230 megawatt-hours. A qualifying conduit hydropower facility is one that is determined or deemed to meet all of the criteria shown in the table below. Table 1--Criteria for Qualifying Conduit Hydropower Facility ---------------------------------------------------------------------------------------------------------------- Statutory Provision Description Satisfies (Y/N) ---------------------------------------------------------------------------------------------------------------- FPA 30(a)(3)(A), as amended by HREA........... The conduit the facility uses is a tunnel, Y canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. FPA 30(a)(3)(C)(i), as amended by HREA........ The facility is constructed, operated, or Y maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit. FPA 30(a)(3)(C)(ii), as amended by HREA....... The facility has an installed capacity that Y does not exceed 5 megawatts. FPA 30(a)(3)(C)(iii), as amended by HREA...... On or before August 9, 2013, the facility is Y not licensed, or exempted from the licensing requirements of Part I of the FPA. ---------------------------------------------------------------------------------------------------------------- [[Page 51198]] Preliminary Determination: The proposed addition of the hydroelectric project along the existing irrigation canal will not alter its primary purpose. Therefore, based upon the above criteria, Commission staff preliminarily determines that the proposal satisfies the requirements for a qualifying conduit hydropower facility, which is not required to be licensed or exempted from licensing. Comments and Motions to Intervene: Deadline for filing comments contesting whether the facility meets the qualifying criteria is 45 days from the issuance date of this notice. Deadline for filing motions to intervene is 30 days from the issuance date of this notice. Anyone may submit comments or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210 and 385.214. Any motions to intervene must be received on or before the specified deadline date for the particular proceeding. Filing and Service of Responsive Documents: All filings must (1) bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as applicable; (2) state in the heading the name of the applicant and the project number of the application to which the filing responds; (3) state the name, address, and telephone number of the person filing; and (4) otherwise comply with the requirements of sections 385.2001 through 385.2005 of the Commission's regulations.\1\ All comments contesting Commission staff's preliminary determination that the facility meets the qualifying criteria must set forth their evidentiary basis. --------------------------------------------------------------------------- \1\ 18 CFR 385.2001-2005 (2015). --------------------------------------------------------------------------- The Commission strongly encourages electronic filing. Please file motions to intervene and comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010. Locations of Notice of Intent: Copies of the notice of intent can be obtained directly from the applicant or such copies can be viewed and reproduced at the Commission in its Public Reference Room, Room 2A, 888 First Street NE., Washington, DC 20426. The filing may also be viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using the ``eLibrary'' link. Enter the docket number (i.e., CD16-17) in the docket number field to access the document. For assistance, call toll- free 1-866-208-3676 or email [email protected]. For TTY, call (202) 502-8659. Dated: July 28, 2016. Kimberly D. Bose, Secretary. [FR Doc. 2016-18358 Filed 8-2-16; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices 51197
Comments and Motions to Intervene: 208–3676 (toll free), or (202) 502–8659 to construct a qualifying conduit
The deadline for filing comments (TTY). In lieu of electronic filing, please hydropower facility, pursuant to section
contesting whether the facility meets the send a paper copy to: Secretary, Federal 30 of the Federal Power Act (FPA), as
qualifying criteria is 45 days from the Energy Regulatory Commission, 888 amended by section 4 of the
issuance date of this notice. First Street NE., Washington, DC 20426. Hydropower Regulatory Efficiency Act
The deadline for filing motions to A copy of all other filings in reference of 2013 (HREA). The proposed Drop 8
intervene is 30 days from the issuance to this application must be accompanied Facility would have an installed
date of this notice. by proof of service on all persons listed capacity of 40 kilowatts (kW), and
Anyone may submit comments or a in the service list prepared by the
motion to intervene in accordance with would be located at the existing Drop 8
Commission in this proceeding, in
the requirements of Rules of Practice check structure of Elephant Butte
accordance with 18 CFR 4.34(b) and
and Procedure, 18 CFR 385.210 and Irrigation District’s Westside Irrigation
385.2010.
385.214. Any motions to intervene must Locations of Notice of Intent: Copies Canal. The project would be located
be received on or before the specified of the notice of intent can be obtained near La Mesa in Doña Ana County, New
deadline date for the particular directly from the applicant or such Mexico.
proceeding. copies can be viewed and reproduced at Applicant Contact: Gary L. Esslinger,
Filing and Service of Responsive the Commission in its Public Reference Treasurer/Manager, Elephant Butte
Documents: All filings must (1) bear in Room, Room 2A, 888 First Street NE., Irrigation District, 530 S. Melendres, Las
all capital letters the ‘‘COMMENTS Washington, DC 20426. The filing may Cruces, NM 88005, Phone No. (575)
CONTESTING QUALIFICATION FOR A also be viewed on the web at http:// 526–6671.
CONDUIT HYDROPOWER FACILITY’’ www.ferc.gov/docs-filing/elibrary.asp
or ‘‘MOTION TO INTERVENE,’’ as using the ‘‘eLibrary’’ link. Enter the FERC Contact: Christopher Chaney,
applicable; (2) state in the heading the docket number (e.g., CD16–16–000) in Phone No. (202) 502–6778, email:
name of the applicant and the project the docket number field to access the Christopher.Chaney@ferc.gov.
number of the application to which the document. For assistance, call toll-free Qualifying Conduit Hydropower
filing responds; (3) state the name, 1–866–208–3676 or email Facility Description: The proposed
address, and telephone number of the FERCOnlineSupport@ferc.gov. For TTY, project would consist of: (1) A drywell,
person filing; and (4) otherwise comply call (202) 502–8659. approximately 23 feet by 13 feet, within
with the requirements of sections Dated: July 28, 2016. the canal’s right bank; (2) two new
385.2001 through 385.2005 of the Kimberly D. Bose, turbine/generating units with a total
Commission’s regulations.1 All Secretary. installed capacity of 40 kW; (3) two 24-
comments contesting Commission staff’s inch-diameter, 9-foot-long intake pipes;
[FR Doc. 2016–18361 Filed 8–2–16; 8:45 am]
preliminary determination that the (4) one 48-inch-diameter, 120-foot-long
BILLING CODE 6717–01–P
facility meets the qualifying criteria raceway returning water to the Westside
must set forth their evidentiary basis. Irrigation Canal; and (5) appurtenant
The Commission strongly encourages
DEPARTMENT OF ENERGY facilities. The proposed project would
electronic filing. Please file motions to
intervene and comments using the have an estimated annual generating
Federal Energy Regulatory capacity of 230 megawatt-hours.
Commission’s eFiling system at http:// Commission
www.ferc.gov/docs-filing/efiling.asp. A qualifying conduit hydropower
Commenters can submit brief comments [Docket No. CD16–17–000] facility is one that is determined or
up to 6,000 characters, without prior deemed to meet all of the criteria shown
Elephant Butte Irrigation District;
registration, using the eComment system in the table below.
Notice of Preliminary Determination of
at http://www.ferc.gov/docs-filing/
a Qualifying Conduit Hydropower
ecomment.asp. You must include your
Facility and Soliciting Comments and
name and contact information at the end
Motions To Intervene
of your comments. For assistance,
please contact FERC Online Support at On July 26, 2016, Elephant Butte
FERCOnlineSupport@ferc.gov, (866) Irrigation District filed a notice of intent
TABLE 1—CRITERIA FOR QUALIFYING CONDUIT HYDROPOWER FACILITY
Satisfies
Statutory Provision Description (Y/N)
FPA 30(a)(3)(A), as amended The conduit the facility uses is a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar Y
by HREA. manmade water conveyance that is operated for the distribution of water for agricultural,
municipal, or industrial consumption and not primarily for the generation of electricity.
FPA 30(a)(3)(C)(i), as amended The facility is constructed, operated, or maintained for the generation of electric power and Y
by HREA. uses for such generation only the hydroelectric potential of a non-federally owned conduit.
FPA 30(a)(3)(C)(ii), as amend- The facility has an installed capacity that does not exceed 5 megawatts .................................. Y
asabaliauskas on DSK3SPTVN1PROD with NOTICES
ed by HREA.
FPA 30(a)(3)(C)(iii), as amend- On or before August 9, 2013, the facility is not licensed, or exempted from the licensing re- Y
ed by HREA. quirements of Part I of the FPA.
1 18 CFR 385.2001–2005 (2015).
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![51198 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices
Preliminary Determination: The by proof of service on all persons listed address: https://www.epa.gov/sites/
proposed addition of the hydroelectric in the service list prepared by the production/files/2016-07/documents/
project along the existing irrigation Commission in this proceeding, in gasp_response2014.pdf.
canal will not alter its primary purpose. accordance with 18 CFR 4.34(b) and
Therefore, based upon the above 385.2010. FOR FURTHER INFORMATION CONTACT: Art
criteria, Commission staff preliminarily Locations of Notice of Intent: Copies Hofmeister, Air Permits Section, EPA
determines that the proposal satisfies of the notice of intent can be obtained Region 4, at (404) 562–9115 or
the requirements for a qualifying directly from the applicant or such hofmeister.art@epa.gov.
conduit hydropower facility, which is copies can be viewed and reproduced at SUPPLEMENTARY INFORMATION: The CAA
not required to be licensed or exempted the Commission in its Public Reference affords EPA a 45-day period to review
from licensing. Room, Room 2A, 888 First Street NE., and, as appropriate, the authority to
Comments and Motions to Intervene: Washington, DC 20426. The filing may
Deadline for filing comments contesting object to operating permits proposed by
also be viewed on the web at http://
whether the facility meets the qualifying state permitting authorities under title V
www.ferc.gov/docs-filing/elibrary.asp
criteria is 45 days from the issuance of the CAA, 42 U.S.C. 7661–7661f.
using the ‘‘eLibrary’’ link. Enter the
date of this notice. docket number (i.e., CD16–17) in the Section 505(b)(2) of the CAA and 40
Deadline for filing motions to docket number field to access the CFR 70.8(d) authorize any person to
intervene is 30 days from the issuance document. For assistance, call toll-free petition the EPA Administrator to object
date of this notice. 1–866–208–3676 or email to a title V operating permit within 60
Anyone may submit comments or a FERCOnlineSupport@ferc.gov. For TTY, days after the expiration of EPA’s 45-
motion to intervene in accordance with call (202) 502–8659. day review period if EPA has not
the requirements of Rules of Practice objected on its own initiative. Petitions
and Procedure, 18 CFR 385.210 and Dated: July 28, 2016.
must be based only on objections to the
385.214. Any motions to intervene must Kimberly D. Bose,
permit that were raised with reasonable
be received on or before the specified Secretary.
specificity during the public comment
deadline date for the particular [FR Doc. 2016–18358 Filed 8–2–16; 8:45 am]
period provided by the state, unless the
proceeding. BILLING CODE 6717–01–P
petitioner demonstrates that it was
Filing and Service of Responsive
impracticable to raise these issues
Documents: All filings must (1) bear in
all capital letters the ‘‘COMMENTS during the comment period or the
ENVIRONMENTAL PROTECTION grounds for the issues arose after this
CONTESTING QUALIFICATION FOR A AGENCY
CONDUIT HYDROPOWER FACILITY’’ period. Pursuant to sections 307(b) and
or ‘‘MOTION TO INTERVENE,’’ as [Petitions IV–2014–5 and –6; FRL–9950–17– 505(b)(2) of the CAA, a petition for
applicable; (2) state in the heading the Region 4] judicial review of those parts of the
name of the applicant and the project Order that deny issues in the petition
Clean Air Act Operating Permit
number of the application to which the may be filed in the United States Court
Program; Petitions for Objection to
filing responds; (3) state the name, of Appeals for the appropriate circuit
State Operating Permits for ABC Coke
address, and telephone number of the within 60 days from the date this notice
and Walter Coke (Jefferson County,
person filing; and (4) otherwise comply is published in the Federal Register.
Alabama)
with the requirements of sections Petitioners submitted petitions
385.2001 through 385.2005 of the AGENCY: Environmental Protection regarding the aforementioned ABC Coke
Commission’s regulations.1 All Agency (EPA).
and Walter Coke facilities, requesting
comments contesting Commission staff’s ACTION: Notice of final order on
that EPA object to the CAA title V
preliminary determination that the petitions to object to state operating operating permits (#4–07–0001–03 and
facility meets the qualifying criteria permits.
must set forth their evidentiary basis. 4–07–0355–03, respectively). Petitioner
The Commission strongly encourages SUMMARY: The Environmental Protection alleged that the permits were not
electronic filing. Please file motions to Agency (EPA) Administrator signed an consistent with the CAA because: (1)
intervene and comments using the Order, dated July 15, 2016, denying They lack the conditions necessary to
Commission’s eFiling system at http:// petitions to object to Clean Air Act assure compliance with the general
www.ferc.gov/docs-filing/efiling.asp. (CAA) title V operating permits issued prohibition against ‘‘air pollution’’; (2)
Commenters can submit brief comments by the Jefferson County Department of they contain conditions governing
up to 6,000 characters, without prior Health (JCDH) to ABC Coke for its fugitive dust that are too vague or too
registration, using the eComment system facility located in Tarrant and Walter restrictive; and (3) JCDH failed to
at http://www.ferc.gov/docs-filing/ Coke for its facility located in North provide Petitioner with sufficient
ecomment.asp. You must include your Birmingham, both in Jefferson County, emissions information to participate
name and contact information at the end Alabama. This Order constitutes a final meaningfully in the permitting process
of your comments. For assistance, action on the petitions submitted by with respect to Walter Coke.
please contact FERC Online Support at Gasp (Petitioner) and received by EPA
on October 3, 2014, and December 2, On July 15, 2016, the Administrator
FERCOnlineSupport@ferc.gov, (866)
2014, respectively. issued an Order denying the petitions.
208–3676 (toll free), or (202) 502–8659
asabaliauskas on DSK3SPTVN1PROD with NOTICES
ADDRESSES: Copies of the Order, the
The Order explains EPA’s rationale for
(TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal petitions, and all pertinent information denying the petitions.
Energy Regulatory Commission, 888 relating thereto are on file at the Dated: July 26, 2016.
First Street NE., Washington, DC 20426. following location: EPA Region 4; Air, Heather McTeer Toney,
A copy of all other filings in reference Pesticides and Toxics Management Regional Administrator, Region 4.
to this application must be accompanied Division; 61 Forsyth Street SW., Atlanta, [FR Doc. 2016–18394 Filed 8–2–16; 8:45 am]
Georgia 30303–8960. The Order is also
BILLING CODE 6560–50–P
1 18 CFR 385.2001–2005 (2015). available electronically at the following
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Document Created: 2016-08-02 23:44:04
Document Modified: 2016-08-02 23:44:04
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| FR Citation | 81 FR 51197 |
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