81 FR 87648 - Environmental Impact Statement for Cumberland Fossil Plant Coal Combustion Residual Management

TENNESSEE VALLEY AUTHORITY

Federal Register Volume 81, Issue 233 (December 5, 2016)

Page Range		87648-87649
FR Document		2016-29082

The Tennessee Valley Authority (TVA) intends to prepare an Environmental Impact Statement (EIS) to address the potential environmental effects associated with management of coal combustion residual (CCR) material produced at the Cumberland Fossil Plant (CUF) located near Cumberland City, Stewart County, Tennessee. The purpose of the proposed EIS is to address long-term management of CCR produced at CUF. The project will help TVA comply with state and federal regulatory requirements related to CCR production and management, including the requirements of U.S. Environmental Protection Agency (EPA's) CCR Rule and Effluent Limitations Guidelines. TVA will evaluate the potential environmental impacts of construction and operation of a new bottom ash dewatering facility and options for management and disposal of dry CCR produced at CUF. TVA will also evaluate closure of the Bottom Ash and the Main Ash Impoundments. TVA will develop and evaluate various alternatives to these actions, including the No Action Alternative. Public comments are invited concerning both the scope of the review and environmental issues that should be addressed.

Federal Register, Volume 81 Issue 233 (Monday, December 5, 2016)

[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87648-87649]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29082]


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TENNESSEE VALLEY AUTHORITY


Environmental Impact Statement for Cumberland Fossil Plant Coal 
Combustion Residual Management

AGENCY: Tennessee Valley Authority.

ACTION: Notice of intent.

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

SUMMARY: The Tennessee Valley Authority (TVA) intends to prepare an 
Environmental Impact Statement (EIS) to address the potential 
environmental effects associated with management of coal combustion 
residual (CCR) material produced at the Cumberland Fossil Plant (CUF) 
located near Cumberland City, Stewart County, Tennessee. The purpose of 
the proposed EIS is to address long-term management of CCR produced at 
CUF. The project will help TVA comply with state and federal regulatory 
requirements related to CCR production and management, including the 
requirements of U.S. Environmental Protection Agency (EPA's) CCR Rule 
and Effluent Limitations Guidelines.
    TVA will evaluate the potential environmental impacts of 
construction and operation of a new bottom ash dewatering facility and 
options for management and disposal of dry CCR produced at CUF. TVA 
will also evaluate closure of the Bottom Ash and the Main Ash 
Impoundments. TVA will develop and evaluate various alternatives to 
these actions, including the No Action Alternative. Public comments are 
invited concerning both the scope of the review and environmental 
issues that should be addressed.

DATES: Comments on the scope of the EIS must be received on or before 
January 6, 2017.

ADDRESSES: Written comments should be sent to Ashley Pilakowski, NEPA 
Compliance Specialist, 400 West Summit Hill Dr., WT 11D, Knoxville, TN 
37902-1499. Comments also may be submitted online at: www.tva.gov/nepa.

FOR FURTHER INFORMATION CONTACT: Other related questions should be sent 
to Ashley A. Pilakowski, NEPA Compliance Specialist, Tennessee Valley 
Authority, at 865-632-2256 or [email protected].

SUPPLEMENTARY INFORMATION: This notice is provided in accordance with 
the regulations promulgated by the Council on Environmental Quality (40 
CFR parts 1500 to 1508) and TVA's procedures implementing the National 
Environmental Policy Act (http://www.tva.com/environment/reports/pdf/tvanepa_procedures.pdf.)

TVA Power System and CCR Management

    TVA is a corporate agency and instrumentality of the United States 
created by and existing pursuant to the TVA Act of 1933 that provides 
electricity for business customers and local power distributors. TVA 
serves more than 9 million people in parts of seven southeastern 
states. TVA receives no taxpayer funding, deriving virtually all of its 
revenues from sales of electricity. In addition to operating and 
investing its revenues in its electric system, TVA provides flood 
control, navigation and land management for the Tennessee River system 
and assists local power companies and state and local governments with 
economic development and job creation.
    Historically, TVA has managed its CCRs in wet impoundments or dry 
landfills. Currently, CUF consumes an average of 5.6 million tons of 
coal per year, generates approximately 16 billion kilowatt-hours of 
electricity a year (enough to supply 1.1 million homes), and produces 
approximately 1.3 million tons of CCR a year which are managed in an 
existing fly ash stack, gypsum ash stack, Bottom Ash Impoundment and 
Main Ash Impoundment. CUF sells approximately 75% of the CCRs produced 
(725,000 tons gypsum and 275,000 tons of fly ash) annually for 
beneficial reuse as raw manufacturing material.
    In July 2009, the TVA Board of Directors passed a resolution for 
staff to review TVA practices for storing CCRs at its generating 
facilities, including CUF, which resulted in a recommendation to 
convert the wet ash management system at CUF to a dry storage system. 
On April 17, 2015, the EPA published the final Disposal of CCRs from 
Electric Utilities rule, also known as the CCR Rule.
    In June 2016, TVA issued a Final Programmatic Environmental Impact 
Statement (PEIS) that analyzed methods for closing CCR impoundments TVA 
fossil plants and identified specific screening and evaluation factors 
to help frame its evaluation of closures at its other facilities. A 
Record of Decision was released in July 2016 that would allow future 
environmental reviews of qualifying CCR impoundment closures to tier 
from the PEIS.
    This EIS is intended to tier from the 2016 PEIS to evaluate the 
closure alternatives for the existing CCR Bottom Ash Impoundment and 
Main Ash Impoundment. The EIS will also evaluate construction and 
operation of a new bottom ash dewatering facility and management of dry 
CCR in a new lined CCR landfill meeting Tennessee Department of 
Environment and Conservation criteria. This project supports TVA's 
Board of Directors July 2009 resolution and subsequent recommendation 
to convert the wet ash management system at CUF to dry storage.

Alternatives

    In addition to a No Action Alternative, this EIS will address 
alternatives that have reasonable prospects of providing a solution to 
the management and disposal of CCRs generated at CUF. TVA has 
determined that either the construction of a new on-site landfill or 
hauling CCR to an existing offsite permitted landfill are the most 
reasonable alternatives to address the need for dry CCR disposal. A new 
dewatering facility would dry bottom ash prior to disposal. TVA will 
consider closure alternatives for the Bottom Ash Impoundment and the 
Main Ash Impoundment in accordance with and consistent with TVA's PEIS 
and EPA's CCR Rule.
    No decision has been made about CCR management at CUF beyond the 
current operations. TVA is preparing this EIS to inform decision 
makers, other agencies and the public about the potential for 
environmental impacts associated with the long-term management of CCR 
generated at CUF.

Proposed Resources and Issues To Be Considered

    This EIS will identify the purpose and need of the project and will 
contain descriptions of the existing environmental and socioeconomic 
resources within the area that could be affected by management of CCR 
at CUF. Evaluation of potential environmental impacts to these 
resources will include, but not be limited to, water quality, aquatic 
and terrestrial ecology, threatened and endangered species, wetlands, 
land use, historic and archaeological resources, as well as solid and 
hazardous waste, safety, socioeconomic and environmental

[[Page 87649]]

justice issues. The final range of issues to be addressed in the 
environmental review will be determined, in part, from scoping comments 
received. The preliminary identification of reasonable alternatives and 
environmental issues in this notice is not meant to be exhaustive or 
final.

Public Participation

    TVA is interested in an open process and wants to hear from the 
community, interested agencies and special interest groups about the 
scope of resources and issues they would like to be considered in this 
EIS.
    The public is invited to submit comments on the scope of this EIS 
no later than the date identified in the DATES section of this notice. 
Federal, state and local agencies such as the U.S. Army Corps of 
Engineers, U.S. Fish and Wildlife Service, Tennessee Department of 
Environmental Conservation and the Tennessee State Historic 
Preservation Officer also are invited to provide comments.
    After consideration of comments received during the scoping period, 
TVA will develop and distribute a document that will summarize public 
and agency comments that were received and identify the schedule for 
completing the EIS process. Following analysis of the issues, TVA will 
prepare a draft EIS for public review and comment. In making its final 
decision, TVA will consider the analyses in this EIS and substantive 
comments that it receives. A final decision on proceeding with 
construction and operation of a bottom ash dewatering facility, 
management and final disposal of CCR and closure of the Bottom Ash 
Impoundment and Main Ash Impoundment will depend on a number of 
factors. These include results of the EIS, requirements of the CCR 
Rule, engineering and risk evaluations and financial considerations.
    TVA anticipates holding a community meeting near the plant after 
releasing the Draft EIS. Meeting details will be posted on TVA's Web 
site. TVA expects to release the Draft EIS in summer of 2017.

    Dated: November 28, 2016.
M. Susan Smelley,
Director, Environmental Permitting and Compliance.
[FR Doc. 2016-29082 Filed 12-2-16; 8:45 am]
 BILLING CODE 8120-08-P

87648 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

2. The proceedings in Docket No. EP FOR FURTHER INFORMATION CONTACT: screening and evaluation factors to help
724 and Docket No. EP 724 (Sub-No. 3) Other related questions should be sent frame its evaluation of closures at its
will be discontinued as described above, to Ashley A. Pilakowski, NEPA other facilities. A Record of Decision
effective February 2, 2017. Compliance Specialist, Tennessee was released in July 2016 that would
3. Notice of the Board’s action will be Valley Authority, at 865–632–2256 or allow future environmental reviews of
published in the Federal Register. aapilakowski@tva.gov. qualifying CCR impoundment closures
Decided: November 29, 2016. SUPPLEMENTARY INFORMATION: This to tier from the PEIS.
notice is provided in accordance with This EIS is intended to tier from the
By the Board, Chairman Elliott, Vice
the regulations promulgated by the 2016 PEIS to evaluate the closure
Chairman Miller, and Commissioner
Begeman. Council on Environmental Quality (40 alternatives for the existing CCR Bottom
CFR parts 1500 to 1508) and TVA’s Ash Impoundment and Main Ash
Kenyatta Clay,
procedures implementing the National Impoundment. The EIS will also
Clearance Clerk.
Environmental Policy Act (http:// evaluate construction and operation of a
[FR Doc. 2016–29132 Filed 12–2–16; 8:45 am] new bottom ash dewatering facility and
www.tva.com/environment/reports/pdf/
BILLING CODE 4915–01–P
tvanepa_procedures.pdf.) management of dry CCR in a new lined
CCR landfill meeting Tennessee
TVA Power System and CCR Department of Environment and
Management Conservation criteria. This project
TENNESSEE VALLEY AUTHORITY
TVA is a corporate agency and supports TVA’s Board of Directors July
Environmental Impact Statement for instrumentality of the United States 2009 resolution and subsequent
Cumberland Fossil Plant Coal created by and existing pursuant to the recommendation to convert the wet ash
Combustion Residual Management TVA Act of 1933 that provides management system at CUF to dry
electricity for business customers and storage.
AGENCY: Tennessee Valley Authority. local power distributors. TVA serves
Alternatives
ACTION: Notice of intent. more than 9 million people in parts of
seven southeastern states. TVA receives In addition to a No Action
SUMMARY: The Tennessee Valley no taxpayer funding, deriving virtually Alternative, this EIS will address
Authority (TVA) intends to prepare an all of its revenues from sales of alternatives that have reasonable
Environmental Impact Statement (EIS) electricity. In addition to operating and prospects of providing a solution to the
to address the potential environmental investing its revenues in its electric management and disposal of CCRs
effects associated with management of system, TVA provides flood control, generated at CUF. TVA has determined
coal combustion residual (CCR) material navigation and land management for the that either the construction of a new on-
produced at the Cumberland Fossil Tennessee River system and assists local site landfill or hauling CCR to an
Plant (CUF) located near Cumberland power companies and state and local existing offsite permitted landfill are the
City, Stewart County, Tennessee. The governments with economic most reasonable alternatives to address
purpose of the proposed EIS is to development and job creation. the need for dry CCR disposal. A new
address long-term management of CCR Historically, TVA has managed its dewatering facility would dry bottom
produced at CUF. The project will help CCRs in wet impoundments or dry ash prior to disposal. TVA will consider
TVA comply with state and federal landfills. Currently, CUF consumes an closure alternatives for the Bottom Ash
regulatory requirements related to CCR average of 5.6 million tons of coal per Impoundment and the Main Ash
production and management, including year, generates approximately 16 billion Impoundment in accordance with and
the requirements of U.S. Environmental kilowatt-hours of electricity a year consistent with TVA’s PEIS and EPA’s
Protection Agency (EPA’s) CCR Rule (enough to supply 1.1 million homes), CCR Rule.
and Effluent Limitations Guidelines. and produces approximately 1.3 million No decision has been made about CCR
TVA will evaluate the potential tons of CCR a year which are managed management at CUF beyond the current
environmental impacts of construction in an existing fly ash stack, gypsum ash operations. TVA is preparing this EIS to
and operation of a new bottom ash stack, Bottom Ash Impoundment and inform decision makers, other agencies
dewatering facility and options for Main Ash Impoundment. CUF sells and the public about the potential for
management and disposal of dry CCR approximately 75% of the CCRs environmental impacts associated with
produced at CUF. TVA will also produced (725,000 tons gypsum and the long-term management of CCR
evaluate closure of the Bottom Ash and 275,000 tons of fly ash) annually for generated at CUF.
the Main Ash Impoundments. TVA will beneficial reuse as raw manufacturing
Proposed Resources and Issues To Be
develop and evaluate various material.
In July 2009, the TVA Board of Considered
alternatives to these actions, including
the No Action Alternative. Public Directors passed a resolution for staff to This EIS will identify the purpose and
comments are invited concerning both review TVA practices for storing CCRs need of the project and will contain
the scope of the review and at its generating facilities, including descriptions of the existing
environmental issues that should be CUF, which resulted in a environmental and socioeconomic
addressed. recommendation to convert the wet ash resources within the area that could be
management system at CUF to a dry affected by management of CCR at CUF.
DATES: Comments on the scope of the storage system. On April 17, 2015, the Evaluation of potential environmental
EIS must be received on or before impacts to these resources will include,
sradovich on DSK3GMQ082PROD with NOTICES

EPA published the final Disposal of
January 6, 2017. CCRs from Electric Utilities rule, also but not be limited to, water quality,
ADDRESSES: Written comments should known as the CCR Rule. aquatic and terrestrial ecology,
be sent to Ashley Pilakowski, NEPA In June 2016, TVA issued a Final threatened and endangered species,
Compliance Specialist, 400 West Programmatic Environmental Impact wetlands, land use, historic and
Summit Hill Dr., WT 11D, Knoxville, Statement (PEIS) that analyzed methods archaeological resources, as well as
TN 37902–1499. Comments also may be for closing CCR impoundments TVA solid and hazardous waste, safety,
submitted online at: www.tva.gov/nepa. fossil plants and identified specific socioeconomic and environmental

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Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices 87649

justice issues. The final range of issues DEPARTMENT OF TRANSPORTATION investigating the accident under its own
to be addressed in the environmental authority. NTSB has not issued its
review will be determined, in part, from Federal Railroad Administration formal findings. Although the NTSB has
scoping comments received. The [Safety Advisory 2016–03] not concluded its investigation of this
preliminary identification of reasonable accident, FRA believes railroads should
alternatives and environmental issues in Mitigation and Investigation of take more robust action to address
this notice is not meant to be exhaustive Passenger Rail Human Factor Related human factors that may cause accidents
or final. Accidents and Operations in Terminals and to enhance protection of railroad
and Stations With Stub End Tracks employees and the public.
Public Participation
AGENCY: Federal Railroad II. Other Railroad Accidents
TVA is interested in an open process Administration (FRA), U.S. Department
and wants to hear from the community, of Transportation (DOT). Amtrak Accident at Philadelphia, PA
interested agencies and special interest ACTION: Notice of Safety Advisory. On Tuesday, May 12, 2015, National
groups about the scope of resources and Railroad Passenger Corporation
issues they would like to be considered SUMMARY: FRA is issuing Safety
Advisory 2016–03 to stress to passenger (Amtrak) passenger train 188 (Train 188)
in this EIS. was traveling from Washington, DC, to
and commuter railroads the importance
The public is invited to submit of taking action to help mitigate human New York City. Aboard the train were
comments on the scope of this EIS no factor accidents, assist in the five crew members and approximately
later than the date identified in the investigation of such accidents, and 238 passengers. Shortly after 9:20 p.m.,
DATES section of this notice. Federal, enhance the safety of operations in the train derailed while traveling
state and local agencies such as the U.S. stations and terminals with stub end through a curve in the track at Frankford
Army Corps of Engineers, U.S. Fish and tracks. This safety advisory contains Junction in Philadelphia, Pennsylvania.
Wildlife Service, Tennessee Department various recommendations to passenger As a result of the accident, eight persons
of Environmental Conservation and the and commuter railroads related to were killed and a significant number of
Tennessee State Historic Preservation inward- and outward-facing cameras, persons were seriously injured.
Officer also are invited to provide sleep apnea, and operating practices to NTSB conducted an investigation of
comments. potentially mitigate the occurrence and this accident under its legal authority
assist in the investigation of human and issued its findings on May 17,
After consideration of comments factor related accidents and to enhance
received during the scoping period, 2016.1 As Train 188 approached the
the safety of operations in terminals and curve from the west, it traveled over a
TVA will develop and distribute a stations with stub end tracks.
document that will summarize public straightaway with a maximum
FOR FURTHER INFORMATION CONTACT: authorized passenger train speed of 80
and agency comments that were Christian Holt, Operating Practices
received and identify the schedule for mph. The maximum authorized
Specialist, Office of Railroad Safety, passenger train speed for the curve was
completing the EIS process. Following FRA, 1200 New Jersey Avenue SE.,
analysis of the issues, TVA will prepare 50 mph. NTSB determined the train was
Washington, DC 20590, telephone (202) traveling approximately 106 mph within
a draft EIS for public review and 493–0978. the curve’s 50-mph speed restriction,
comment. In making its final decision, SUPPLEMENTARY INFORMATION: exceeding the maximum authorized
TVA will consider the analyses in this
I. New Jersey Transit Incident speed on the straightaway by 26 mph,
EIS and substantive comments that it
and 56 mph over railroad’s maximum
receives. A final decision on proceeding On September 29, 2016, at
authorized speed for the curve.2 NTSB
with construction and operation of a approximately 8:38 a.m., New Jersey
concluded the locomotive engineer
bottom ash dewatering facility, Transit (NJT) Train 1614 travelling at 21
operating the train made an emergency
management and final disposal of CCR miles per hour (mph) impacted the
application of Train 188’s air brake
and closure of the Bottom Ash bumping block at the end of the track
system, and the train slowed to
Impoundment and Main Ash No. 5 Depot, at Hoboken Terminal, in
approximately 102 mph before derailing
Impoundment will depend on a number Hoboken, New Jersey. The cab car
in the curve.3 NTSB concluded that the
of factors. These include results of the overrode the bumping block and struck
the wall of the terminal building, near probable cause of the engineer
EIS, requirements of the CCR Rule, accelerating to this speed was due to his
engineering and risk evaluations and the ticket office in the corner of the
building. NJT Train 1614 was occupied loss of situational awareness likely
financial considerations. because his attention was diverted to an
by three crew members and
TVA anticipates holding a community approximately 331 passengers. The emergency situation with another train.4
meeting near the plant after releasing accident resulted in the three On July 8, 2015, NTSB sent a letter to
the Draft EIS. Meeting details will be crewmembers and 108 passengers being FRA reiterating NTSB recommendations
posted on TVA’s Web site. TVA expects transported to four area hospitals. One
to release the Draft EIS in summer of individual who was standing on the 1 49 U.S.C. 1101 et seq.; 49 CFR 831.2(b); and

2017. pedestrian walkway between the tracks NTSB, Railroad Accident Report, RAR–16/02,
Derailment of Amtrak Passenger Train 188,
Dated: November 28, 2016. and the station was fatally injured from Philadelphia, Pennsylvania, May 12, 2015, http://
sradovich on DSK3GMQ082PROD with NOTICES

falling debris. www.ntsb.gov/investigations/AccidentReports/
M. Susan Smelley,
The National Transportation Safety Reports/RAR1602.pdf.
Director, Environmental Permitting and Board (NTSB) has taken the lead role in 2 RAR–16/02 at 1. FRA regulations provide, in
Compliance. conducting the investigation of this part, that it is unlawful to ‘‘[o]perate a train or
[FR Doc. 2016–29082 Filed 12–2–16; 8:45 am] locomotive at a speed which exceeds the maximum
accident under its legal authority. See authorized limit by at least 10 miles per hour.’’ 49
BILLING CODE 8120–08–P 49 U.S.C. 1101 et seq.; 49 CFR 831.2(b). CFR 240.305(a)(2).
As is customary, FRA is participating in 3 RAR–16/02 at 4–5.

the NTSB’s investigation and also 4 Id. at 44.

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Document Created: 2016-12-03 00:26:05
Document Modified: 2016-12-03 00:26:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of intent.
Dates		Comments on the scope of the EIS must be received on or before January 6, 2017.
Contact		Other related questions should be sent to Ashley A. Pilakowski, NEPA Compliance Specialist, Tennessee Valley Authority, at 865-632-2256 or [email protected]
FR Citation		81 FR 87648