Variance for Certain Requirements Under the Department of Energy's National Environmental Policy Act Implementing Procedures for the Deployment of Combined Heat and Power, District Energy Systems, Waste Energy Recovery Systems, and Efficient Industrial Equipment Initiative, 41693-41695 [E9-19763]
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Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices
officers and employees who have a need
for the record in the performance of
their duties. Recipients of this
information pursuant to this routine use
are subject to the same limitations
applicable to Department officers and
employees under the Privacy Act.
6. A record from this system may be
disclosed as a routine use when (1) it is
suspected or confirmed that the security
or confidentiality of information in the
system of records has been
compromised; (2) the Department has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security integrity
of this system or other systems or
programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure is
made to such agencies, entities, and
persons who are reasonably necessary to
assist in connection with the
Department’s efforts to respond to the
suspected or confirmed compromise
and prevent, minimize, or remedy such
harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
Records may be stored as paper
records and electronic media.
RETRIEVABILITY:
Records are retrieved by the name of
the concerned employee or complainant
or other personal identifier, such as
social security number.
In accordance with the DOE
regulation implementing the Privacy
Act, at Title 10, Code of Federal
Regulations, Part 1008, a request by an
individual to determine if a system of
records contains information about him/
her should be directed to the U S.
Department of Energy, Headquarters,
Privacy Act Officer, or the Privacy Act
Officer at the appropriate address
identified above under ‘‘System
Locations.’’ For records maintained by
Laboratories or Field Site Offices, the
request should be directed to the
Privacy Act Officer for the site that has
jurisdiction over the ‘‘System Location’’
as listed in the Correlation. The request
should include the requester’s complete
name, time period for which records are
sought, and the office location(s) where
the requester believes the records are
located.
RECORDS ACCESS PROCEDURES:
CONTESTING RECORD PROCEDURES:
Same as Notification Procedures
above.
RECORD SOURCE CATEGORIES:
SAFEGUARDS:
Paper records are maintained in
locked cabinets and desks. Electronic
records are controlled through
established DOE computer center
procedures (personnel screening and
physical security), and they are
password protected. Access is limited to
those whose official duties require
access to the records.
RETENTION AND DISPOSAL:
Records retention and disposal
authorities are contained in the National
Archives and Records Administration
(NARA) General Records Schedule and
DOE records schedules that have been
approved by NARA.
jlentini on DSKJ8SOYB1PROD with NOTICES
NOTIFICATION PROCEDURES:
Same as Notification Procedures
above. Records generally are kept at
locations where the work is performed.
In accordance with the DOE Privacy Act
regulation, proper identification is
required before a request is processed.
STORAGE:
SYSTEM MANAGER(S) AND ADDRESS:
Headquarters: Director, Office of
Employee Concerns, U.S. Department of
Energy, 1000 Independence Avenue,
SW., Washington, DC 20585.
Field Offices: The managers of the
Office of Employee Concerns at the
VerDate Nov<24>2008
‘‘System Locations’’ listed above are the
system managers for their respective
portions of this system.
16:30 Aug 17, 2009
Jkt 217001
The concerned employee or
complainant; applicable management
officials; program office records; and
congressional offices.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
The system is exempt under
subsections 552a(k)(1), (2) and (5) of the
Privacy Act to the extent that
information within the system meets the
criteria of those subsections of the Act.
Such information has been exempted
from the provisions of subsections
(c)(3); 5 U.S.C. Sec. 552a(d); 5 U.S.C.
552a(e)(1) of the Act; see the
Department’s Privacy Act regulation at
10 CFR Part 1008.
[FR Doc. E9–19768 Filed 8–17–09; 8:45 am]
BILLING CODE 6450–01–P
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41693
DEPARTMENT OF ENERGY
Variance for Certain Requirements
Under the Department of Energy’s
National Environmental Policy Act
Implementing Procedures for the
Deployment of Combined Heat and
Power, District Energy Systems, Waste
Energy Recovery Systems, and
Efficient Industrial Equipment Initiative
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 Deployment of
Combined Heat and Power, District
Energy Systems, Waste Energy Recovery
Systems, and Efficient Industrial
Equipment 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, as
applicable, for projects 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 projects for possible
future funding consistent with the sense
of urgency underpinning the Recovery
Act.
Effective date: August 18, 2009.
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.
DATES:
FOR FURTHER INFORMATION CONTACT:
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
E:\FR\FM\18AUN1.SGM
18AUN1
jlentini on DSKJ8SOYB1PROD with NOTICES
41694
Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices
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 $16.8 billion for DOE to
further energy efficiency and renewable
energy. (Recovery Act, Division A, Title
IV) DOE decided to make $156 million
of these funds available for grants to
entities that will deploy sustainable
energy infrastructure projects and
energy efficient industrial technologies
in four areas: combined heat and power
systems; district energy systems;
industrial waste energy recovery; and
efficient industrial equipment. To
implement this decision, DOE issued a
competitive financial assistance funding
opportunity announcement on June 1,
2009. (Recovery Act: Deployment of
Combined Heat and Power (CHP)
Systems, District Energy Systems, Waste
Energy Systems, and Efficient Industrial
Equipment, DE–FOA–0000044).
This funding opportunity is critical to
the deployment of new and replacement
systems and equipment that are highly
efficient and that make use of energy
that would otherwise be wasted. In the
areas of combined heat and power
systems and district energy systems,
new systems must have a thermal
efficiency of at least 60 percent;
replacement systems must provide an
efficiency increase of at least 25 percent
compared to the system being replaced.
In the area of waste energy recovery
systems, new systems must have a
minimum efficiency of 30 percent;
replacement systems must provide a 25
percent increase over the replaced
system. As to energy efficient industrial
equipment, applicants must deploy
technologies that result in a minimum
efficiency improvement of 25 percent.
Deployment of these systems and
equipment will produce substantial
energy savings and aid in the nation’s
economic recovery by creating or
retaining jobs in the United States.
The funding opportunity
announcement is a competitive
solicitation. DOE has received more
than 225 applications, which is more
VerDate Nov<24>2008
16:30 Aug 17, 2009
Jkt 217001
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. One
aspect of the merit review process is
consideration of potential adverse
environmental impacts. As part of the
application process, each applicant was
required to complete an environmental
questionnaire; the environmental
information in these questionnaires will
be considered during the merit review.
Consideration of potential
environmental impacts will be
facilitated by the participation of DOE
NEPA Compliance Officers, who will
assist the merit review panel in
preparation of the Merit Review Report,
and the selection official in his
consideration of the report and of the
proposals deemed suitable for funding.
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.)
DOE’s existing NEPA regulations
provide for certain variances ‘‘soundly
based on the interests of national
security or the public health, safety, or
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Frm 00021
Fmt 4703
Sfmt 4703
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 Deployment of
Combined Heat and Power Systems,
District Energy Systems, Waste Energy
Systems, and Efficient Industrial
Equipment (DE–FOA–0000044) is
soundly based on the interests of public
welfare. Expediting the award of
funding to promising proposals will
accelerate deployment of sustainable
energy infrastructure and energy
efficient industrial technologies that
will reduce energy use. In addition, it
will facilitate the nation’s economic
recovery by creating and retaining jobs.
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 and discuss the potential
environmental impacts of the proposals
under consideration for selection. 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.
E:\FR\FM\18AUN1.SGM
18AUN1
Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices
Issued in Washington, DC, on August 12,
2009.
Eric J. Fygi,
Acting General Counsel.
[FR Doc. E9–19763 Filed 8–17–09; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP09–452–000]
National Fuel Gas Supply Corporation;
Notice of Request Under Blanket
Authorization
jlentini on DSKJ8SOYB1PROD with NOTICES
August 11, 2009.
Take notice that on August 5, 2009,
National Fuel Gas Supply Corporation
(National Fuel), 6363 Main Street,
Williamsville, New York 14221, filed in
Docket No. CP09–452–000, a prior
notice request pursuant to sections
157.205 and 157.216 of the Federal
Energy Regulatory Commission’s
regulations under the Natural Gas Act
for authorization to abandon certain
minor underground natural gas storage
facilities, located in Jefferson County,
Pennsylvania, all as more fully set forth
in the application, which is on file with
the Commission and open to public
inspection. The filing may also be
viewed on the Web at https://
www.ferc.gov using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. For
assistance, contact FERC at
FERCOnlineSupport@ferc.gov or call
toll-free, (866) 208–3676 or TTY, (202)
502–8659.
Specifically, National Fuel proposes
to plug and abandon one injection/
withdrawal well, Well 4885 and to
abandon the associated well line GW–
4885, consisting of approximately 500
feet of 4-inch diameter pipeline, in the
Galbraith Storage Field, located in
Jefferson County, Pennsylvania.
National Fuel states that the well is no
longer useful due to poor injection
performance and poor deliverability and
needs to be reconditioned or plugged
due to deterioration of the well casing.
National Fuel declares that the well line
will serve no purpose once the well is
plugged and abandoned. National Fuel
asserts that due to the poor performance
of Well 4885, the proposed
abandonment will not result in a
material decrease in service to
customers.
Any questions regarding the
application should be directed to David
W. Reitz, Deputy General Counsel,
National Fuel Gas Supply Corporation,
VerDate Nov<24>2008
16:30 Aug 17, 2009
Jkt 217001
6363 Main Street, Williamsville, New
York 14221, or call at (716) 857–7949.
Any person may, within 60 days after
the issuance of the instant notice by the
Commission, file pursuant to Rule 214
of the Commission’s Procedural Rules
(18 CFR 385.214) a motion to intervene
or notice of intervention. Any person
filing to intervene or the Commission’s
staff may, pursuant to section 157.205 of
the Commission’s Regulations under the
Natural Gas Act (NGA) (18 CFR 157.205)
file a protest to the request. If no protest
is filed within the time allowed
therefore, the proposed activity shall be
deemed to be authorized effective the
day after the time allowed for protest. If
a protest is filed and not withdrawn
within 30 days after the time allowed
for filing a protest, the instant request
shall be treated as an application for
authorization pursuant to section 7 of
the NGA.
The Commission strongly encourages
electronic filings of comments, protests,
and interventions via the Internet in lieu
of paper. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the
Commission’s Web site (https://
www.ferc.gov) under the ‘‘e-Filing’’ link.
Kimberly D. Bose,
Secretary.
[FR Doc. E9–19729 Filed 8–17–09; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–ORD–2009–NNNN; FRL–8943–2]
Availability of the External Peer Review
Draft of Using Probabilistic Methods
To Enhance the Role of Risk Analysis
in Decision-Making With Case Study
Examples
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of document availability
for public comment.
SUMMARY: The U.S. Environmental
Protection Agency (EPA) is announcing
a 15-day public comment period for the
external peer review draft of ‘‘Using
Probabilistic Methods to Enhance the
Role of Risk Analysis in DecisionMaking With Case Study Examples,’’ a
white paper, and the ‘‘Manager’s
Summary’’ of the same document. All
comments received by the closing date
of September 1, 2009 will be shared
with the external peer review panel for
their consideration. Comments received
after the close of the comment period
may be considered by EPA when it
finalizes the document. These draft
interim papers do not represent and
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41695
should not be construed to represent
any EPA policy, viewpoint, or
determination. Members of the public
may obtain the draft documents from
https://www.regulations.gov; or https://
www.epa.gov/raf/prawhitepaper; or
from Gary Bangs via the contact
information below.
EPA will convene a panel of invited
experts to review the draft document.
The external expert peer review will be
conducted by letter and closed
teleconference in the May 2009 time
frame. The panel may consider public
comments received in the official public
docket for this activity under docket ID
number EPA–HQ–ORD–2009–NNNN.
The draft documents and peer-review
charge are available at https://
www.epa.gov/raf/prawhitepaper. In
preparing a final document, EPA will
consider the public comments
submitted to EPA’s docket during the
public comment period as well as the
comments and recommendations from
the external peer-reviewers.
EPA is releasing these draft
documents solely for the purpose of predissemination peer review under
applicable information quality
guidelines. These documents have not
been formally disseminated by the EPA.
They do not represent and should not be
construed to represent any Agency
policy or determination.
DATES: All comments received by
September 1, 2009 will be shared with
the external peer review panel for their
consideration. Comments received
beyond that time may be considered by
EPA when it finalizes the documents.
ADDRESSES: The draft documents are
available electronically through the EPA
Office of the Science Advisor’s Web site
at: https://www.epa.gov/raf/
prawhitepaper.
Submit your comments, identified by
Docket ID No. EPA–HQ–ORD–2009–
NNNN, by one of the following
methods:
• Online at: https://
www.regulations.gov; Follow the on-line
instructions for submitting comments.
• E-mail: ORD.Docket@epa.gov.
• Mail: ORD Docket, Environmental
Protection Agency, Mailcode: 28221T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center
(EPA/DC), Room 3334, EPA West
Building, 1301 Constitution Avenue,
NW., Washington, DC 20460, Attention
Docket ID No. EPA–HQ–ORD–2009–
NNNN. Deliveries are only accepted
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. Special arrangements should
be made for deliveries of boxed
information.
E:\FR\FM\18AUN1.SGM
18AUN1
Agencies
[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Pages 41693-41695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19763]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Variance for Certain Requirements Under the Department of
Energy's National Environmental Policy Act Implementing Procedures for
the Deployment of Combined Heat and Power, District Energy Systems,
Waste Energy Recovery Systems, and Efficient Industrial Equipment
Initiative
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
Deployment of Combined Heat and Power, District Energy Systems, Waste
Energy Recovery Systems, and Efficient Industrial Equipment 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, as
applicable, for projects 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 projects for possible future funding consistent with the sense
of urgency underpinning the Recovery Act.
DATES: Effective date: August 18, 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
[[Page 41694]]
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 $16.8 billion for
DOE to further energy efficiency and renewable energy. (Recovery Act,
Division A, Title IV) DOE decided to make $156 million of these funds
available for grants to entities that will deploy sustainable energy
infrastructure projects and energy efficient industrial technologies in
four areas: combined heat and power systems; district energy systems;
industrial waste energy recovery; and efficient industrial equipment.
To implement this decision, DOE issued a competitive financial
assistance funding opportunity announcement on June 1, 2009. (Recovery
Act: Deployment of Combined Heat and Power (CHP) Systems, District
Energy Systems, Waste Energy Systems, and Efficient Industrial
Equipment, DE-FOA-0000044).
This funding opportunity is critical to the deployment of new and
replacement systems and equipment that are highly efficient and that
make use of energy that would otherwise be wasted. In the areas of
combined heat and power systems and district energy systems, new
systems must have a thermal efficiency of at least 60 percent;
replacement systems must provide an efficiency increase of at least 25
percent compared to the system being replaced. In the area of waste
energy recovery systems, new systems must have a minimum efficiency of
30 percent; replacement systems must provide a 25 percent increase over
the replaced system. As to energy efficient industrial equipment,
applicants must deploy technologies that result in a minimum efficiency
improvement of 25 percent. Deployment of these systems and equipment
will produce substantial energy savings and aid in the nation's
economic recovery by creating or retaining jobs in the United States.
The funding opportunity announcement is a competitive solicitation.
DOE has received more than 225 applications, which is more 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.
One aspect of the merit review process is consideration of potential
adverse environmental impacts. As part of the application process, each
applicant was required to complete an environmental questionnaire; the
environmental information in these questionnaires will be considered
during the merit review. Consideration of potential environmental
impacts will be facilitated by the participation of DOE NEPA Compliance
Officers, who will assist the merit review panel in preparation of the
Merit Review Report, and the selection official in his consideration of
the report and of the proposals deemed suitable for funding.
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.)
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 Deployment of
Combined Heat and Power Systems, District Energy Systems, Waste Energy
Systems, and Efficient Industrial Equipment (DE-FOA-0000044) is soundly
based on the interests of public welfare. Expediting the award of
funding to promising proposals will accelerate deployment of
sustainable energy infrastructure and energy efficient industrial
technologies that will reduce energy use. In addition, it will
facilitate the nation's economic recovery by creating and retaining
jobs.
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 and discuss the
potential environmental impacts of the proposals under consideration
for selection. 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.
[[Page 41695]]
Issued in Washington, DC, on August 12, 2009.
Eric J. Fygi,
Acting General Counsel.
[FR Doc. E9-19763 Filed 8-17-09; 8:45 am]
BILLING CODE 6450-01-P