Variance for Certain Requirements for the Electric Drive Vehicle Battery and Component Manufacturing Initiative Under the Department of Energy's National Environmental Policy Act Implementing Procedures, 30558-30559 [E9-15126]

Download as PDF 30558 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices Docket No. EA–358. Additional copies are to be filed directly with Larry S. Severson, Severson, Sheldon, Dougherty & Molenda P.A., Suite 600, 7300 West 147th Street, Apple Valley, Minnesota 55124–7580 and Michael Tufte, Twin Cities Power, LLC, 17725 Juniper Path, Lakeville, Minnesota 55044. A final decision will be made on this application after the environmental impacts have been evaluated pursuant to the National Environmental Policy Act of 1969, and a determination is made by DOE that the proposed action will not adversely impact on the reliability of the U.S. electric power supply system. Copies of this application will be made available, upon request, for public inspection and copying at the address provided above, by accessing the program Web site at https:// www.oe.energy.gov/ permits_pending.htm, or by e-mailing Odessa Hopkins at Odessa.hopkins@hq.doe.gov. Issued in Washington, DC, on June 19, 2009. Anthony J. Como, Director, Permitting and Siting, Office of Electricity Delivery and Energy Reliability. [FR Doc. E9–15127 Filed 6–25–09; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Variance for Certain Requirements for the Electric Drive Vehicle Battery and Component Manufacturing Initiative Under the Department of Energy’s National Environmental Policy Act Implementing Procedures U.S. Department of Energy. Notice of variance. AGENCY: ACTION: SUMMARY: This notice announces the Department of Energy’s (DOE’s) decision, pursuant to 10 CFR 1021.343(c), that it is in the interest of public welfare to grant a variance from certain requirements of its National Environmental Policy Act (NEPA) Implementing Procedures (10 CFR part 1021) in regard to the review of applications under the Electric Drive Vehicle Battery and Component Manufacturing Initiative funded by the American Recovery and Reinvestment Act of 2009 (Recovery Act). The variance is limited to certain requirements identified in 10 CFR 1021.216, Procurement, Financial Assistance, and Joint Ventures. The variance in no way affects the requirement to prepare an environmental assessment or environmental impact statement for any VerDate Nov<24>2008 16:39 Jun 25, 2009 Jkt 217001 application selected for funding. The merit review of applications in response to this funding opportunity will include consideration of the potentially significant environmental impacts of the projects proposed for funding that are within the competitive range. By providing this variance, DOE can reduce the time needed to select applications for possible future funding consistent with the sense of urgency underpinning the Recovery Act. DATES: Effective date: June 26, 2009. FOR FURTHER INFORMATION CONTACT: Dr. R. Paul Detwiler, Director, Office of Project Facilitation and Compliance, National Energy Technology Laboratory, 626 Cochrans Mill Road, P.O. Box 10940, Pittsburgh, PA 15236–0940 or Ralph.Detwiler@netl.doe.gov. SUPPLEMENTARY INFORMATION: Background The purposes of the Recovery Act are to: (1) Preserve and create jobs and promote economic recovery; (2) assist those most impacted by the recession; (3) provide investments needed to increase economic efficiency by spurring technological advances in science and health; (4) invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits; and (5) stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases. Federal departments must manage and expend funds made available through the Recovery Act to achieve these purposes, ‘‘including commencing expenditures and activities as quickly as possible consistent with prudent management.’’ (Recovery Act, Section 3) In the Recovery Act, the Congress appropriated $2 billion for DOE to provide grants to manufacturers of advanced battery systems and vehicle batteries to be produced in the United States, including advanced lithium ion batteries, hybrid electrical systems, component manufacturers, and software designers. (Recovery Act, Title IV) To implement this provision, DOE issued a financial assistance funding opportunity announcement on March 19, 2009, for the Electric Drive Vehicle Battery and Component Manufacturing Initiative. (DE–FOA–0000026) This initiative is critical to the development and production of electric drive vehicle systems that will substantially reduce petroleum consumption. In addition, as stated in the funding opportunity announcement, PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 the grants will meaningfully aid in the nation’s economic recovery by creating U.S. based manufacturing jobs. The funding opportunity announcement is a competitive solicitation, and DOE has received more applications than it expects to be able to fund. DOE is now reviewing the merits of the applications in order to select those to which it may provide funding. Criterion 4 of the merit review criteria includes consideration of anticipated environmental impacts. As with environmental reviews under NEPA, the focus will be on potentially significant environmental impacts. As part of the application process, each applicant was required to complete an environmental questionnaire, which will be considered during the merit review. Consideration of potential environmental impacts will be facilitated by the participation of a DOE NEPA Compliance Officer as a resource to the merit review panel and the selection official. DOE’s NEPA implementing procedures, at 10 CFR 1021.216, establish a process for the consideration of potential environmental impacts prior to selection. The central element of this process is preparation by DOE of an environmental critique containing, among other things, a ‘‘brief comparative evaluation of the potential environmental impacts of the offers, which will address direct and indirect effects, short-term and long-term effects, proposed mitigation measures, adverse effects that cannot be avoided, areas where important environmental information is incomplete and unavailable, unresolved environmental issues and practicable mitigating measures not included in the offeror’s proposal.’’ (10 CFR 1021.216(g)(3)) This environmental critique forms the basis for an environmental synopsis, which is made available to the public and is incorporated into any environmental assessment or environmental impact statement prepared. (10 CFR 1021.216(h)) Another feature of the environmental critique is that, in addition to information provided by the applicant, ‘‘it may also evaluate supplemental information developed by DOE as necessary for a reasoned decision.’’ (10 CFR 1021.216(f)) This contrasts with the merit review process, which is limited to information provided in the application. Some other components of an environmental critique (e.g., brief discussion of the purpose of the funding opportunity and of the applicants’ proposals) repeat information that is already part of the Merit Review Report that is prepared for the selection official. (The Merit Review Report is not publicly available.) E:\FR\FM\26JNN1.SGM 26JNN1 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices DOE’s existing NEPA regulations provide for certain variances ‘‘soundly based on the interests of national security or the public health, safety, or welfare.’’ (10 CFR 1021.343(c)) Any such variance must have the advance written approval of the General Counsel,1 and DOE must publish a notice in the Federal Register specifying the variance granted and the reasons. Variance Pursuant to 10 CFR 1021.343(c), I have determined that granting a variance from the requirements of 10 CFR 1021.216(c) through (h) with respect to the Department’s funding opportunity for the Electric Drive Vehicle Battery and Component Manufacturing Initiative (DE–FOA– 0000026) is soundly based on the interests of public welfare. Expediting the award of funding to promising proposals will accelerate development and production of electric drive vehicles. In addition, it will facilitate the nation’s economic recovery by creating and retaining jobs and by transforming the nation’s industrial infrastructure. I have concluded that the Department’s process for making these funding awards will provide the selecting official with sufficient information regarding potential environmental impacts in the Merit Review Report, which will summarize the strengths and weaknesses of the proposals according to the merit review criteria, including but not limited to environmental impacts. This report also will provide certain other information called for in 10 CFR 1021.216(g). This variance does not affect the requirements imposed by 10 CFR 1021.216(i). If projects selected for funding require preparation of an environmental assessment or environmental impact statement, these NEPA reviews will be completed before DOE takes any action that would have an adverse environmental impact or limit the choice of reasonable alternatives. In addition, consistent with the openness provisions of 10 CFR 1021.216(h), any such environmental assessment or environmental impact statement will describe the environmental factors noted in the Merit Review Report that are relevant to the proposal being analyzed. 1 DOE’s NEPA regulations state at 10 CFR 1021.343(c) that the Secretary of Energy must provide written approval of any variance under that section. However, this authority has been delegated to the General Counsel pursuant to Department of Energy Delegation Order No. 00–015.00A to the General Counsel. VerDate Nov<24>2008 16:39 Jun 25, 2009 Jkt 217001 Issued in Washington, DC, on June 22, 2009. Scott Blake Harris, General Counsel. [FR Doc. E9–15126 Filed 6–25–09; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Western Area Power Administration Construction, Operation, and Maintenance of the Proposed Transmission Agency of Northern California Transmission Project, California AGENCY: Western Area Power Administration, DOE. ACTION: Extension of scoping period. SUMMARY: On February 23, 2009, Western Area Power Administration (Western), an agency of the Department of Energy (DOE), announced the Notice of Intent to prepare an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the construction, operation, and maintenance of the proposed Transmission Agency of Northern California (TANC) Transmission Project. In that notice, Western described the schedule for scoping meetings and advised the public that comments on the scope of the EIS/EIR were due by April 30, 2009. On May 8, 2009, Western published a notice in the Federal Register extending the comment period to May 31, 2009. By this notice, Western extends the due date for comments on the scope of the EIS/EIR to July 30, 2009. DATES: The date to provide comments on the scope of the EIS/EIR is extended to July 30, 2009. ADDRESSES: Written comments on the scope of the EIS/EIR should be addressed to Mr. David Young, National Environmental Policy Act (NEPA) Document Manager, Western Area Power Administration, Sierra Nevada Region, 114 Parkshore Drive, Folsom, CA 95630 or e-mail TTPEIS@wapa.gov. FOR FURTHER INFORMATION CONTACT: For further information, please contact Mr. David Young, NEPA Document Manager, Western Area Power Administration, Sierra Nevada Region, 114 Parkshore Drive, Folsom, CA 95630, telephone (916) 353–4777, fax (916) 353–4772, or e-mail TTPEIS@wapa.gov. Additional information on the proposed Project can also be found and comments submitted at https://www.wapa.gov/ transmission/ttp.htm. For general information on DOE’s NEPA review procedures or status of a NEPA review, PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 30559 contact Ms. Carol M. Borgstrom, Director of NEPA Policy and Compliance, GC–20, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585, telephone (202) 586–4600 or (800) 472–2756. SUPPLEMENTARY INFORMATION: On February 23, 2009, Western announced the Notice of Intent to prepare an EIS for the construction, operation, and maintenance of the proposed TANC Transmission Project (74 FR 8086). In that notice, Western described the schedule for scoping meetings for the EIS/EIR, and advised the public that comments regarding the scope of the EIS/EIR were due by April 30, 2009. Western held all public scoping meetings as scheduled. On May 8, 2009, Western published a notice in the Federal Register extending the comment period to May 31, 2009 (74 FR 21674). Western has received requests for more time to comment. By this notice, Western further extends the due date for comments on the scope of the EIS/EIR to July 30, 2009. Dated: June 17, 2009. Harrison G. Pease, Chief Financial Officer. [FR Doc. E9–15048 Filed 6–25–09; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Western Area Power Administration Big Stone II Power Plant and Transmission Project Final Environmental Impact Statement (DOE/ EIS–0377) AGENCY: Western Area Power Administration, DOE. ACTION: Notice of Availability. SUMMARY: The Western Area Power Administration (Western) announces the availability of the Big Stone II Power Plant and Transmission Project (Project) Final Environmental Impact Statement (EIS). This Final EIS analyzes the environmental impacts of constructing and operating the proposed Project. Western is considering whether to grant a request to interconnect the proposed Project with Western’s transmission system at Morris and Granite Falls substations in Minnesota, an action which requires Western to complete modifications to these substations to support the interconnection.1 The U.S. 1 As noted in Western’s Notice of Intent to prepare a Big Stone II EIS, Western became the lead agency for preparation of the EIS because the construction of Big Stone II would incorporate a major new generation resource into Western’s E:\FR\FM\26JNN1.SGM Continued 26JNN1

Agencies

[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Pages 30558-30559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15126]


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DEPARTMENT OF ENERGY


Variance for Certain Requirements for the Electric Drive Vehicle 
Battery and Component Manufacturing Initiative Under the Department of 
Energy's National Environmental Policy Act Implementing Procedures

AGENCY: U.S. Department of Energy.

ACTION: Notice of variance.

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

SUMMARY: This notice announces the Department of Energy's (DOE's) 
decision, pursuant to 10 CFR 1021.343(c), that it is in the interest of 
public welfare to grant a variance from certain requirements of its 
National Environmental Policy Act (NEPA) Implementing Procedures (10 
CFR part 1021) in regard to the review of applications under the 
Electric Drive Vehicle Battery and Component Manufacturing Initiative 
funded by the American Recovery and Reinvestment Act of 2009 (Recovery 
Act). The variance is limited to certain requirements identified in 10 
CFR 1021.216, Procurement, Financial Assistance, and Joint Ventures. 
The variance in no way affects the requirement to prepare an 
environmental assessment or environmental impact statement for any 
application selected for funding. The merit review of applications in 
response to this funding opportunity will include consideration of the 
potentially significant environmental impacts of the projects proposed 
for funding that are within the competitive range. By providing this 
variance, DOE can reduce the time needed to select applications for 
possible future funding consistent with the sense of urgency 
underpinning the Recovery Act.

DATES: Effective date: June 26, 2009.

FOR FURTHER INFORMATION CONTACT: Dr. R. Paul Detwiler, Director, Office 
of Project Facilitation and Compliance, National Energy Technology 
Laboratory, 626 Cochrans Mill Road, P.O. Box 10940, Pittsburgh, PA 
15236-0940 or Ralph.Detwiler@netl.doe.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The purposes of the Recovery Act are to: (1) Preserve and create 
jobs and promote economic recovery; (2) assist those most impacted by 
the recession; (3) provide investments needed to increase economic 
efficiency by spurring technological advances in science and health; 
(4) invest in transportation, environmental protection, and other 
infrastructure that will provide long-term economic benefits; and (5) 
stabilize State and local government budgets, in order to minimize and 
avoid reductions in essential services and counterproductive state and 
local tax increases. Federal departments must manage and expend funds 
made available through the Recovery Act to achieve these purposes, 
``including commencing expenditures and activities as quickly as 
possible consistent with prudent management.'' (Recovery Act, Section 
3)
    In the Recovery Act, the Congress appropriated $2 billion for DOE 
to provide grants to manufacturers of advanced battery systems and 
vehicle batteries to be produced in the United States, including 
advanced lithium ion batteries, hybrid electrical systems, component 
manufacturers, and software designers. (Recovery Act, Title IV) To 
implement this provision, DOE issued a financial assistance funding 
opportunity announcement on March 19, 2009, for the Electric Drive 
Vehicle Battery and Component Manufacturing Initiative. (DE-FOA-
0000026)
    This initiative is critical to the development and production of 
electric drive vehicle systems that will substantially reduce petroleum 
consumption. In addition, as stated in the funding opportunity 
announcement, the grants will meaningfully aid in the nation's economic 
recovery by creating U.S. based manufacturing jobs.
    The funding opportunity announcement is a competitive solicitation, 
and DOE has received more applications than it expects to be able to 
fund. DOE is now reviewing the merits of the applications in order to 
select those to which it may provide funding. Criterion 4 of the merit 
review criteria includes consideration of anticipated environmental 
impacts. As with environmental reviews under NEPA, the focus will be on 
potentially significant environmental impacts. As part of the 
application process, each applicant was required to complete an 
environmental questionnaire, which will be considered during the merit 
review. Consideration of potential environmental impacts will be 
facilitated by the participation of a DOE NEPA Compliance Officer as a 
resource to the merit review panel and the selection official.
    DOE's NEPA implementing procedures, at 10 CFR 1021.216, establish a 
process for the consideration of potential environmental impacts prior 
to selection. The central element of this process is preparation by DOE 
of an environmental critique containing, among other things, a ``brief 
comparative evaluation of the potential environmental impacts of the 
offers, which will address direct and indirect effects, short-term and 
long-term effects, proposed mitigation measures, adverse effects that 
cannot be avoided, areas where important environmental information is 
incomplete and unavailable, unresolved environmental issues and 
practicable mitigating measures not included in the offeror's 
proposal.'' (10 CFR 1021.216(g)(3)) This environmental critique forms 
the basis for an environmental synopsis, which is made available to the 
public and is incorporated into any environmental assessment or 
environmental impact statement prepared. (10 CFR 1021.216(h)) Another 
feature of the environmental critique is that, in addition to 
information provided by the applicant, ``it may also evaluate 
supplemental information developed by DOE as necessary for a reasoned 
decision.'' (10 CFR 1021.216(f)) This contrasts with the merit review 
process, which is limited to information provided in the application. 
Some other components of an environmental critique (e.g., brief 
discussion of the purpose of the funding opportunity and of the 
applicants' proposals) repeat information that is already part of the 
Merit Review Report that is prepared for the selection official. (The 
Merit Review Report is not publicly available.)

[[Page 30559]]

    DOE's existing NEPA regulations provide for certain variances 
``soundly based on the interests of national security or the public 
health, safety, or welfare.'' (10 CFR 1021.343(c)) Any such variance 
must have the advance written approval of the General Counsel,\1\ and 
DOE must publish a notice in the Federal Register specifying the 
variance granted and the reasons.
---------------------------------------------------------------------------

    \1\ DOE's NEPA regulations state at 10 CFR 1021.343(c) that the 
Secretary of Energy must provide written approval of any variance 
under that section. However, this authority has been delegated to 
the General Counsel pursuant to Department of Energy Delegation 
Order No. 00-015.00A to the General Counsel.
---------------------------------------------------------------------------

Variance

    Pursuant to 10 CFR 1021.343(c), I have determined that granting a 
variance from the requirements of 10 CFR 1021.216(c) through (h) with 
respect to the Department's funding opportunity for the Electric Drive 
Vehicle Battery and Component Manufacturing Initiative (DE-FOA-0000026) 
is soundly based on the interests of public welfare. Expediting the 
award of funding to promising proposals will accelerate development and 
production of electric drive vehicles. In addition, it will facilitate 
the nation's economic recovery by creating and retaining jobs and by 
transforming the nation's industrial infrastructure.
    I have concluded that the Department's process for making these 
funding awards will provide the selecting official with sufficient 
information regarding potential environmental impacts in the Merit 
Review Report, which will summarize the strengths and weaknesses of the 
proposals according to the merit review criteria, including but not 
limited to environmental impacts. This report also will provide certain 
other information called for in 10 CFR 1021.216(g).
    This variance does not affect the requirements imposed by 10 CFR 
1021.216(i). If projects selected for funding require preparation of an 
environmental assessment or environmental impact statement, these NEPA 
reviews will be completed before DOE takes any action that would have 
an adverse environmental impact or limit the choice of reasonable 
alternatives. In addition, consistent with the openness provisions of 
10 CFR 1021.216(h), any such environmental assessment or environmental 
impact statement will describe the environmental factors noted in the 
Merit Review Report that are relevant to the proposal being analyzed.

    Issued in Washington, DC, on June 22, 2009.
Scott Blake Harris,
General Counsel.
[FR Doc. E9-15126 Filed 6-25-09; 8:45 am]
BILLING CODE 6450-01-P
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