Elephant Butte Irrigation District; Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene, 51197-51198 [2016-18358]

Download as PDF Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices Comments and Motions to Intervene: The deadline for filing comments contesting whether the facility meets the qualifying criteria is 45 days from the issuance date of this notice. The 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. The Commission strongly encourages electronic filing. Please file motions to intervene and comments using the Commission’s eFiling system at https:// 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 https://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 FERCOnlineSupport@ferc.gov, (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 https:// www.ferc.gov/docs-filing/elibrary.asp using the ‘‘eLibrary’’ link. Enter the docket number (e.g., CD16–16–000) in the docket number field to access the document. For assistance, call toll-free 1–866–208–3676 or email FERCOnlineSupport@ferc.gov. For TTY, call (202) 502–8659. Dated: July 28, 2016. Kimberly D. Bose, Secretary. [FR Doc. 2016–18361 Filed 8–2–16; 8:45 am] BILLING CODE 6717–01–P 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 51197 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 Dona 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: Christopher.Chaney@ferc.gov. 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 24inch-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. On July 26, 2016, Elephant Butte Irrigation District filed a notice of intent TABLE 1—CRITERIA FOR QUALIFYING CONDUIT HYDROPOWER FACILITY Description Satisfies (Y/N) The conduit the facility uses is a tunnel, 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. The facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit. The facility has an installed capacity that does not exceed 5 megawatts .................................. Y Statutory Provision asabaliauskas on DSK3SPTVN1PROD with NOTICES FPA 30(a)(3)(A), as amended by HREA. FPA 30(a)(3)(C)(i), as amended by HREA. FPA 30(a)(3)(C)(ii), as amended by HREA. FPA 30(a)(3)(C)(iii), as amended by HREA. 1 18 On or before August 9, 2013, the facility is not licensed, or exempted from the licensing requirements of Part I of the FPA. CFR 385.2001–2005 (2015). VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1 Y Y Y asabaliauskas on DSK3SPTVN1PROD with NOTICES 51198 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices 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. The Commission strongly encourages electronic filing. Please file motions to intervene and comments using the Commission’s eFiling system at https:// 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 https://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 FERCOnlineSupport@ferc.gov, (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 1 18 CFR 385.2001–2005 (2015). VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 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 https:// 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 FERCOnlineSupport@ferc.gov. 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 ENVIRONMENTAL PROTECTION AGENCY [Petitions IV–2014–5 and –6; FRL–9950–17– Region 4] Clean Air Act Operating Permit Program; Petitions for Objection to State Operating Permits for ABC Coke and Walter Coke (Jefferson County, Alabama) Environmental Protection Agency (EPA). ACTION: Notice of final order on petitions to object to state operating permits. AGENCY: The Environmental Protection Agency (EPA) Administrator signed an Order, dated July 15, 2016, denying petitions to object to Clean Air Act (CAA) title V operating permits issued by the Jefferson County Department of Health (JCDH) to ABC Coke for its facility located in Tarrant and Walter Coke for its facility located in North Birmingham, both in Jefferson County, Alabama. This Order constitutes a final action on the petitions submitted by Gasp (Petitioner) and received by EPA on October 3, 2014, and December 2, 2014, respectively. ADDRESSES: Copies of the Order, the petitions, and all pertinent information relating thereto are on file at the following location: EPA Region 4; Air, Pesticides and Toxics Management Division; 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. The Order is also available electronically at the following SUMMARY: PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 address: https://www.epa.gov/sites/ production/files/2016-07/documents/ gasp_response2014.pdf. Art Hofmeister, Air Permits Section, EPA Region 4, at (404) 562–9115 or hofmeister.art@epa.gov. FOR FURTHER INFORMATION CONTACT: The CAA affords EPA a 45-day period to review and, as appropriate, the authority to object to operating permits proposed by state permitting authorities under title V of the CAA, 42 U.S.C. 7661–7661f. Section 505(b)(2) of the CAA and 40 CFR 70.8(d) authorize any person to petition the EPA Administrator to object to a title V operating permit within 60 days after the expiration of EPA’s 45day review period if EPA has not objected on its own initiative. Petitions must be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided by the state, unless the petitioner demonstrates that it was impracticable to raise these issues during the comment period or the grounds for the issues arose after this period. Pursuant to sections 307(b) and 505(b)(2) of the CAA, a petition for judicial review of those parts of the Order that deny issues in the petition may be filed in the United States Court of Appeals for the appropriate circuit within 60 days from the date this notice is published in the Federal Register. Petitioners submitted petitions regarding the aforementioned ABC Coke and Walter Coke facilities, requesting that EPA object to the CAA title V operating permits (#4–07–0001–03 and 4–07–0355–03, respectively). Petitioner alleged that the permits were not consistent with the CAA because: (1) They lack the conditions necessary to assure compliance with the general prohibition against ‘‘air pollution’’; (2) they contain conditions governing fugitive dust that are too vague or too restrictive; and (3) JCDH failed to provide Petitioner with sufficient emissions information to participate meaningfully in the permitting process with respect to Walter Coke. On July 15, 2016, the Administrator issued an Order denying the petitions. The Order explains EPA’s rationale for denying the petitions. SUPPLEMENTARY INFORMATION: Dated: July 26, 2016. Heather McTeer Toney, Regional Administrator, Region 4. [FR Doc. 2016–18394 Filed 8–2–16; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51197-51198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18358]


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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: 
Christopher.Chaney@ferc.gov.
    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 https://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 https://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 FERCOnlineSupport@ferc.gov, (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 https://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 FERCOnlineSupport@ferc.gov. 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
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