Gallatin Fossil Plant Surface Impoundment Closure and Restoration Project Environmental Impact Statement, 60862-60866 [2020-21076]

Download as PDF 60862 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices Hostal Rio Miel, Ave. Malecon esq. 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Haas, Acting Assistant Secretary, Bureau of Economic and Business Affairs, Department of State. [FR Doc. 2020–21376 Filed 9–25–20; 8:45 am] BILLING CODE 4710–29–P TENNESSEE VALLEY AUTHORITY Gallatin Fossil Plant Surface Impoundment Closure and Restoration Project Environmental Impact Statement Tennessee Valley Authority. Record of decision. AGENCY: ACTION: This notice is provided in accordance with the Council on Environmental Quality’s regulations and SUMMARY: VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 Tennessee Valley Authority’s (TVA’s) procedures for implementing the National Environmental Policy Act (NEPA). TVA has decided to adopt the Preferred Alternative identified in the Gallatin Fossil Plant (GAF) Surface Impoundment Closure and Restoration Project Environmental Impact Statement. The Final Environmental Impact Statement (EIS) was made available to the public on August 7, 2020. A Notice of Availability of the Final EIS was published in the Federal Register on August 14, 2020. The Preferred Alternative is ‘‘Closure of the Ash Pond Complex (APC) via Closureby-Removal and Expansion of the Existing Onsite Landfill.’’ This alternative would achieve the purpose and need of the project to support the implementation of TVA’s goal to eliminate all wet Coal Combustion Residuals (CCR) storage at its coal plants by closing CCR surface impoundments across the TVA system and to comply with the U.S. Environmental Protection Agency’s CCR Rule and other applicable federal and state statutes and regulations. The proposed actions would also provide long-term onsite landfill space for operations and/or storage of CCR. FOR FURTHER INFORMATION CONTACT: Elizabeth Smith, Tennessee Valley Authority, 400 West Summit Hill Drive, WT11B–K, Knoxville, Tennessee 37902, or by email esmith14@tva.gov. The Final EIS, this Record of Decision (ROD) and other project documents are available on TVA’s website https://www.tva.gov/ nepa. SUPPLEMENTARY INFORMATION: TVA is a corporate agency of the United States that provides electricity for business customers and local power distributors serving more than 10 million people in an 80,000 square mile area comprised of most of Tennessee and parts of Virginia, North Carolina, Georgia, Alabama, Mississippi, and Kentucky. TVA receives no taxpayer funding, deriving virtually all of its revenues from sales of electricity. In addition to operation of its power 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. GAF was built between 1953 and 1959 and operates four coal-fired, steam-generating units. Four combustion turbine (CT) units were added to GAF in the 1970s, and another four were added in 2000. The plant generates about seven billion kilowatthours of electric power in a typical year, PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 which is enough electrical energy to meet the needs of approximately 480,000 homes. The plant consumes an average of 3.5 million tons of coal per year, which results in the annual production of approximately 255,000 tons of CCR. TVA has prepared an EIS pursuant to NEPA to assess the environmental impacts associated with several projects to facilitate long-term management of CCR at GAF which include the following. • Surface impoundment closures of the Ash Pond Complex (APC) which includes Ash Pond A, Ash Pond E, Middle Pond A, Bottom Ash Pond, and stilling ponds. • Permanent disposition of CCR from the surface impoundments, including CCR previously removed from the Bottom Ash Pond that may be temporarily stockpiled in the existing onsite landfill, as well as de minimis amounts of CCR proposed to be removed from the stilling ponds. • Construction of a lateral expansion of the existing onsite landfill. • Location requirements analysis for a beneficial re-use processing facility. • Disposal of CCR materials not usable by a beneficial re-use processing facility in either the onsite landfill or an offsite landfill. TVA estimates that approximately 11,945,000 yd3 of CCR is located within the APC at GAF. TVA has evaluated the location requirements and environmental impacts associated with the potential construction and operation of an offsite proposed beneficial re-use processing facility that would be used to process CCR from GAF. TVA also considered potential impacts associated with the transport of CCR from GAF to an offsite beneficial re-use processing facility and an offsite landfill. Although a site has currently not been identified, TVA also conducted a supplemental NEPA analysis of two potential sites on the GAF Reservation for use by a beneficial re-use processing facility. With a long-standing commitment to safe and reliable operations and to environmental stewardship, TVA began, in 2009, to convert from wet to dry management of CCR. On April 17, 2015, the U.S. Environmental Protection Agency (EPA) published the Final Disposal of Coal Combustion Residuals from Electric Utilities rule (CCR Rule) in the Federal Register (80 Federal Register 21302). The CCR Rule establishes national criteria and schedules for the management and closure of CCR facilities. In June of 2016, TVA issued a Final Programmatic Environmental Impact Statement (PEIS) that analyzed methods E:\FR\FM\28SEN1.SGM 28SEN1 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices for closing impoundments that hold CCR materials at TVA fossil plants and identified specific screening and evaluation factors to help frame its evaluation of closures at additional facilities. The purpose of the PEIS was to support TVA’s goal to eliminate all wet CCR storage at its coal plants by closing CCR surface impoundments across TVA’s system and to assist TVA in complying with the EPA’s CCR Rule. The proposed action at GAF tiers from the PEIS. The purpose, therefore, is to address the disposition of CCR onsite at GAF, to support the implementation of TVA’s goal to eliminate all wet CCR storage at its coal plants by closing CCR surface impoundments across the TVA system, and to assist TVA in complying with EPA’s CCR Rule and other applicable federal and state statutes and regulations. The proposed actions would also provide long-term onsite landfill space for operations and/or storage of CCR. Alternatives Considered TVA considered two alternatives in the Draft EIS and Final EIS with two options for disposal and transport of CCR. These alternatives are: Alternative A—No Action Alternative. Under the No Action Alternative, TVA would not close any of the surface impoundments (neither in-place nor by removal), would not construct an expansion of the existing onsite landfill, and would not complete any restorative actions at GAF. Under the No Action Alternative, all plant process wastewaters would be handled through the flow management system, which includes the bottom ash dewatering facility. The stilling ponds would continue to receive storm water. TVA would continue safety inspections of structural elements to maintain stability, and all surface impoundments would be subject to continued care and maintenance activities. Under the No Action Alternative, TVA would also continue its groundwater monitoring program at GAF until groundwater protection standards are reached or as required under TVA’s agreement with the Tennessee Department of Environment and Conservation (TDEC) [i.e., approved Corrective Action/Risk Assessment Plan (CARA Plan)]. The No Action Alternative provides a baseline for potential changes to environmental resources; however, the alternative is inconsistent with TVA’s plans to convert all of its wet CCR systems to dry systems. The No Action Alternative also would be inconsistent with EPA’s CCR Rule and TVA’s commitments to the State of Tennessee and TDEC. Consequently, this VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 alternative would not satisfy the project purpose and need and, therefore, is not considered viable or reasonable. It does, however, provide a benchmark for comparing the environmental impacts of implementation of Alternative B. Alternative B—Closure of the APC via Closure-by-Removal and Expansion of the Existing Onsite Landfill. Under Alternative B, TVA would remove the CCR from the APC via Closure-byRemoval and construct a lateral expansion of the existing onsite landfill. In addition to CCR located in the impoundments, any CCR that may have been previously removed from the Bottom Ash Pond in conjunction with a previous GAF wastewater project, and that may be temporarily stockpiled in the existing onsite landfill, would also be removed. The primary actions under Alternative B that TVA is considering at GAF consist of closure of the surface impoundments that make up the APC and expansion of the existing onsite landfill. Closure of the APC will require stabilization of ponded areas and removal of CCR material and underlying soil within the impoundment footprint. Specific closure activities would include: • Dewatering • Clearing and grubbing • Karst remediation, if necessary • Excavation of ash using a tracked excavator and staging CCR material • Mechanical moisture conditioning the excavated ash by dumping, scooping, and windrowing the ash within the existing footprint of the impoundment until it is sufficiently dried for hauling • Storm water management • Over-excavation of soil within the impoundment footprint • Hauling dry ash and soil to the onsite permitted landfill or beneficial re-use processing facility Following excavation activities, lower portions of the APC would be converted to storm water management basins with appropriate approvals. The stilling ponds would continue to receive storm water from existing offsite areas north and east of the ponds and could continue to receive storm water runoff from the restored pond area. Upon completion of closure activities, the site would be graded and vegetated to provide appropriate surface water management. To facilitate the construction activities associated with closing the surface impoundments, an approximately 31-acre area located between the NRL Landfill and Ash Pond A would be used for laydown, access, PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 60863 and logistical purposes. This laydown/ logistical use area would support equipment storage, material stockpiles, construction trailer placement, and would provide direct access for excavation and dewatering equipment to the APC. Closure of the surface impoundments may entail the addition of borrow material to achieve proposed finished grades and provide a suitable medium to support restoration of the former impoundment with approved, noninvasive seed mixes designed to quickly establish desirable vegetation. Suitable borrow material would be obtained from the TVA-owned permitted borrow site located 1.5 miles northwest of the fossil plant. The existing onsite landfill at GAF, the 52-acre NRL Landfill, is a Class II disposal facility that went into service in 2016. The NRL Landfill has a permitted disposal capacity of approximately 6.8 million yd3 and is currently utilized for disposal of CCR produced by GAF operations. The NRL Landfill does not have the capacity for storage of the estimated 11.9 million yd3 of CCR contained in the APC. Therefore, TVA is proposing to permit and develop an expansion of the NRL Landfill to store the CCR currently contained in the APC. The expansion would be of sufficient size to store ash removed from these surface impoundments and would also provide additional storage capacity to supplement the capacity of the NRL Landfill. The lateral landfill expansion, referred to as the South Rail Loop (SRL) Landfill, will contain a 130-acre disposal area adjacent to the NRL Landfill with an approximate landfill volume of 17.2 million yd3. The estimated capacity provides adequate storage capacity for CCR removed from the surface impoundments at GAF. Construction of the landfill expansion would require the disturbance of 174 acres of primarily undeveloped land and previously developed areas associated with plant operations. Landfill development in this location would also require disturbance of streams, wetlands, and cemeteries. Other ancillary facilities and actions affected by landfill development include: • Relocation of a communications tower and ammonia sensor, • the closure and remediation of a decommissioned firearms range, • demolition of existing conference center/facilities building, and • development of an office complex facility. E:\FR\FM\28SEN1.SGM 28SEN1 60864 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices Under Alternative B, TVA is considering two options for disposal of CCR removed from the APC. Option 1, CCR removed from surface impoundments would be transported via onsite haul roads and placed in either the existing onsite NRL Landfill, an expansion of the existing landfill (SRL Landfill), or a combination of these landfills. Under Option 2, CCR would be transported to an offsite beneficial reuse processing facility to be processed for use in concrete and other marketable materials. Under Option 2, some of the CCR may be unusable for beneficial reuse and would be disposed of in either the onsite landfill or transported to an existing offsite landfill previously permitted to receive CCR. TVA estimates that a minimum of 80% of CCR in the APC, or approximately 800,000 yd3 per year, could be beneficially re-used, with the remaining CCR, up to 200,000 yd3 per year, transported to a landfill for disposal. No specific provider of the beneficiation services or the specific site in which a beneficial re-use processing facility would be constructed has been developed at this time. However, TVA recognizes that such a facility would be constructed and operated because TVA has the necessary raw materials (i.e., CCR) to make such a facility viable. It is expected that such a facility would be sited and constructed within 10 miles of GAF or the nearest interstate system serving the GAF area to facilitate efficient transport of CCR. TVA has developed information to characterize the beneficiation facility and its associated processes to support an analysis of environmental impacts of such a facility in conjunction with Alternative B (Option 2). Because a specific site for the potential beneficial re-use processing facility has not been identified, impacts of this option to process CCR from GAF are based on a bounding analysis of the characteristics of a representative beneficial re-use processing facility. Environmentally Preferred Alternative Alternative A—No Action would result in the lowest level of environmental impacts as the impacts associated with closure of the impoundments and disposal of CCR under Alternative B would be avoided. However, Alternative A—No Action, does not meet the purpose and need for the project. TVA’s preferred alternative is Alternative B with Option 1 as it would achieve the purpose and need of the project. Alternative B would include the closure of the APC by removal and the lateral expansion of the existing VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 onsite landfill. Under Option 1, CCR removed from surface impoundments would be transported via onsite haul roads and placed in either the existing onsite NRL Landfill, an expansion of the existing landfill (SRL Landfill), or a combination of these landfills. Option 1 would result in minor impacts to the natural environment primarily from the construction of the onsite landfill, but these are not significant and are mitigated, as appropriate. Under Option 1, air and noise emissions, transportation impacts, safety risks and disruptions to the public that would be associated with the offsite transport of CCR along public roadways are minimized relative to Option 2. Removal of CCR from the impoundments would result in predominantly minor impacts to the natural environment (surface water, floodplains, vegetation, wildlife, aquatic ecology and wetlands), that would be temporary and localized. Alternative B would provide a long-term benefit to groundwater by the removal of the potential future source of CCR constituents from the impoundments to groundwater. It would also eliminate the potential interaction between the CCR and the uppermost aquifer and eliminate new groundwater risk from groundwater constituents of concern potentially migrating offsite. No federal post-closure care measures are currently required as the impoundments would be closed under the Closure-by-Removal option. State requirements for post-closure care would be implemented as needed and the CARA Plan would be implemented. TVA will implement supplemental mitigative measures as required by TDEC, as well as its approved closure plan, which could include additional groundwater monitoring, assessment or corrective action programs. There would be only minor short-term impacts to the natural environment associated with transport of CCR to an offsite beneficial re-use processing facility or offsite landfill. Impacts to the human environment (air quality, climate change, visual resources, land use, socioeconomics, and public and worker safety) would be primarily related to closure activities and landfill construction, and would be minor and short-term. Although the proposed closure of the impoundments would have a minor impact on the regional transportation system, there could be moderate localized impacts to low volume roadways due to increased operations, construction workforce, and borrow transport. There would be no effect to solid and hazardous waste, although CCR previously managed in PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 the impoundments at GAF would be disposed in a permitted landfill. Closure of the impoundments and expansion of the existing onsite landfill could impact six cemeteries located within the GAF reservation. Because of the potential importance of these cemeteries to the surrounding community and to local history, and in order to respect state law regarding cemeteries, TVA proposes to remove all graves in the affected cemeteries and relocate them to a new burial ground in consultation with the Tennessee State Historic Preservation Officer (SHPO), federally-recognized Indian tribes, and interested members of the Gallatin community. In consultation with the SHPO, TVA proposes delineating the cemetery boundaries, generating accurate maps, completing historical and genealogical research, engaging the community in the cemetery relocation project, completing analyses of grave contents, and installing signage or a marker. TVA would also ensure the relocation cemetery preserves information about the original cemeteries and is accessible to members of the public. These measures are further stipulated in a Memorandum of Agreement (MOA) that has been signed by TVA and the SHPO. With the signing of the MOA, TVA may proceed with the project under the National Historic Preservation Act (NHPA) Section 106 as long as TVA remains in compliance with the obligations set forth in the MOA. After completing these steps, TVA would reinter all the graves in the relocation cemetery with the original grave markers. Under NHPA Section 106, TVA has consulted with the SHPO regarding TVA’s determination that five of the cemeteries are potentially eligible for the NRHP. Under the MOA, TVA will carry out additional investigations to more fully determine the cemeteries’ NRHP eligibility. These investigations will include informant interviews, examinations of additional historical records, and a tabulation of the remains found in disinterred graves. Should the investigations indicate that any of the cemeteries to be relocated would qualify for inclusion in the NRHP, TVA will make a finding of adverse effect, will consult further with the SHPO and other consulting parties, and will perform mitigation steps to resolve the adverse effect. Decision TVA has decided to implement the preferred alternative identified in the Final EIS: Alternative B—Closure of the APC via Closure-by-Removal and Expansion of the Existing Onsite E:\FR\FM\28SEN1.SGM 28SEN1 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices Landfill, with Option 1. This alternative would achieve the purpose and need of the project. Option 2 would also meet the purpose and need and would have similar impacts to Option 1; however, impacts related to air emissions, noise emissions, transportation impacts, safety risks and disruptions to the public that would be associated with the offsite transport of CCR along public roadways would be greater. Although TVA has chosen Option 1 for onsite CCR disposal at GAF, TVA is committed to evaluating emerging technologies and best practices for beneficial re-use of CCR and for handling/transportation of CCR in the future. Public Involvement On December 7, 2018, a Notice of Intent (NOI) to prepare an EIS to address the closure of the APC and expansion of the existing landfill at GAF was published in the Federal Register. In addition to the NOI in the Federal Register, TVA published information about the review on TVA’s project website, notified the media, and sent notices to numerous individuals, organizations, local and regional stakeholders, governments and interested parties. Public comments on the scope of the EIS were collected from December 7, 2018 through January 11, 2019. TVA received 13 comment submissions from members of the public and state and federal agencies. Comments received on the proposed alternatives generally expressed concern regarding onsite storage of CCR material and requested that it be moved to an offsite location away from the Cumberland River or other bodies of water. Other commenters stressed concerns regarding potential risks to surface water and ground water quality in conjunction with the disposition of CCR in the existing ash ponds. Comments also included requests that the EIS include analysis of impacts to fish and wildlife resources. Several commenters expressed a desire to close the ash ponds by removal to reduce potential effects to sensitive resources and to consider the closure of coal plants to be replaced with natural gas or renewable energy. A comment was received requesting the EIS provide more detail regarding the beneficiation process and its potential issues relating to heavy metals. TVA considered these comments in the preparation of the Final EIS. TVA released the Draft EIS for public review on December 27, 2019. A Notice of Availability (NOA) for the Draft EIS was published in the Federal Register on January 4, 2020. Publication of the VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 NOA in the Federal Register opened the 45-day comment period, which ended on February 18, 2020. To solicit public input, the availability of the Draft EIS was announced in regional and local newspapers serving the Gallatin area. The Draft EIS was posted on TVA’s website, and hard copies were made available by request. TVA hosted an open house meeting to solicit public input on January 16, 2020, at the Gallatin Civic Center in Gallatin, Tennessee to allow the public to attend at their convenience and meet with TVA staff to discuss the project on an informal basis. TVA accepted comments submitted through mail, email, a comment form on TVA’s public website, and at the public meeting. TVA received 96 comment submissions from members of the public, organizations and state and federal agencies. Comment submissions were carefully reviewed and compiled into 127 specific comments which received responses. Most of the comments received were of a general nature, such as the promotion of clean air and water and environmental stewardship. Other comments received were related to public health and safety, groundwater impacts, sufficiency of the bounding analyses, beneficial re-use, cemetery relocation, and consideration of impacts to communities requiring environmental justice considerations. TVA provided responses to these comments, made appropriate minor revisions to the Draft EIS and issued the Final EIS. The NOA for the Final EIS was published in the Federal Register on August 14, 2020. Mitigation Measures TVA will use appropriate best management practices (BMPs) during all phases of closure of the APC and expansion of the existing onsite landfill. Mitigation measures and actions taken to reduce adverse impacts associated with the proposed action are detailed in the Final EIS and include: • Standard BMPs will be applied during construction activities to minimize environmental effects and would be implemented by construction personnel or included in contract specifications. • A General Permit for Storm Water Discharges Associated with Construction Activities TNR100000 or an Individual Construction Storm Water Permit will be obtained and would require development of a projectspecific Storm Water Pollution Prevention Plan (SWPPP) in accordance with the TDEC General Construction Storm Water permit and the Tennessee PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 60865 Erosion and Sediment Control Handbook. • Erosion and sedimentation control BMPs described in The Tennessee Erosion and Sediment Control Handbook—4th Edition and outlined in the project-specific SWPPP will be implemented to minimize erosion, protect surface waters and groundwater, and preserve soils and geologic features during construction and site restoration activities. • Equipment washing and dust control discharges will be handled in accordance with BMPs described in the Construction General Permit’s SWPPP or BMP Plan required by the site’s NPDES Permit TN0005428 to minimize construction impacts to surface waters. • BMPs for herbicide and fertilizer application and to control sediment infiltration will be used to protect groundwater. • TVA will comply with fugitive dust emission standards specified in the GAF’s Title V Operating Air Permit, the GAF CCR fugitive dust control plan and associated BMPs, and the construction permit from TDEC. • Noise emissions will be minimized through implementation of BMPs. • Customary industrial safety standards including OSHA requirements for workers will be followed during all project activities. • Sanitary wastes generated during construction activities will be collected by the existing onsite septic system(s) or by means of portable toilets (i.e., porta lets). • Solid and hazardous wastes generated by proposed project activities will be managed in accordance with standard procedures for spill prevention and cleanup and waste management protocols in accordance with pertinent federal, state and local requirements. • Consistent with E.O. 13112 as amended by E.O. 13751, disturbed areas will be graded and revegetated with native or non-native, non-invasive plant species to avoid the introduction or spread of invasive species. • A CCR removal plan will be submitted for TDEC approval prior to removal. • The proposed new SRL landfill expansion would adhere to TDEC Class II permitting and EPA CCR Rule requirements. • Potential risk and impact to karst features will be investigated and mitigated during construction activities according to a karst mitigation plan that recommends stages and actions to be performed both prior to landfill construction and during landfill construction. E:\FR\FM\28SEN1.SGM 28SEN1 60866 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices • State requirements for post-closure care and/or remediation will be implemented as needed and the CARA Plan will be implemented. • Leachate from the proposed landfill expansion will be collected in either a collection tank or a sump and pumped to the flow management system, where it will be treated prior to discharge from a permitted NPDES outfall. • The conservation measures required for this project are identified on pages 5–7 of the TVA Bat Strategy Project Screening Form, and they will be implemented as part of the proposed project. • A survey will be performed between one and three months prior to removal of structures located within the landfill expansion footprint to determine if wildlife or active nests of migratory birds are present. • Should the two osprey nests located on transmission line towers within the proposed project area be active in future years, ash pond closure activities will be minimized within a 660-foot diameter buffer around the nest during the osprey nesting season. • A Tennessee Stream Quantification Tool will be required per TDEC regulations to assess the quality of streams to be impacted by the proposed projects. A TDEC Section 401 Water Quality Certification/ARAP and USACE 404 permit will be required for disturbance to wetlands and stream features, and the terms and conditions of these permits would include mitigation for unavoidable adverse impacts. • Non-critical actions proposed within the 100-year floodplain that were not reviewed in TVA’s 1981 Class Review of Repetitive Actions in the 100Year Floodplain will be subject to further review under the floodplains No Practicable Alternative analysis. Critical actions would need to be located outside the 500-year floodplain. Specific conditions to minimize adverse impacts for any non-critical actions proposed within the 100-year floodplain will be determined in a subsequent environmental review. • TVA will mitigate impacts to cemeteries located within the project area by removing all graves and relocating them to a new burial ground per stipulations outlined in the MOA signed by TVA and the SHPO. • TVA commits to conducting a traffic analysis and traffic management plan to identify and evaluate potential mitigative measures and their effectiveness for reducing traffic related impacts. • In addition to any federal requirements that may apply to the VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 impoundments at GAF after closure is completed, TVA will implement supplemental mitigative measures as required by TDEC, as well as its approved closure plan, which could include additional groundwater monitoring, assessment or corrective action programs. • If the proposed action were to change significantly from that described in the EIS because of additional or new information, additional environmental analyses will be undertaken if necessary. Dated: September 17, 2020. Robert M. Deacy, Sr., Senior Vice President, Generation Construction, Projects & Services, Tennessee Valley Authority. [FR Doc. 2020–21076 Filed 9–25–20; 8:45 am] BILLING CODE 8120–08–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2020–0016] Agency Information Collection Activities: Notice of Request for Reinstatement of Currently Approved Information Collection Federal Highway Administration (FHWA), DOT. ACTION: Notice of request for extension of currently approved information collection. AGENCY: The FHWA invites public comments about our intention to request the Office of Management and Budget’s (OMB) approval for renewal of an existing information collection that is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. DATES: Please submit comments by November 27, 2020. ADDRESSES: You may submit comments identified by DOT Docket ID 2020–0016 by any of the following methods: Website: For access to the docket to read background documents or comments received go to the Federal eRulemaking Portal: Go to http:// www.regulations.gov. Follow the online instructions for submitting comments. Fax: 1–202–493–2251. Mail: Docket Management Facility, U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. Hand Delivery or Courier: U.S. Department of Transportation, West SUMMARY: PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Sarah Pascual 202–366–0087, sarah.pascual@dot.gov; Office of Safety, Federal Highway Administration, Department of Transportation, New Jersey Avenue SE, Washington, DC 20590–0001. Office hours are from 8:00 a.m. to 4:30 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title: Drug Offender’s Driver’s License Suspension Certification. OMB Control No.: 2125–0579. Background: States are legally required to enact and enforce laws that revoke or suspend the drivers licenses of any individual convicted of a drug offense and to make annual certifications to the FHWA on their actions. The Department of Transportation’s implementing regulations (23 CFR part 192) of 23 U.S.C. 159 require annual certifications by the Governors. In this regard, the State must submit by January 1 of each year either a written certification, signed by the Governor, stating that the State is in compliance with 23 U.S.C. 159; or a written certification stating that the Governor is opposed to the enactment or enforcement, and that the State legislature has adopted a resolution expressing its opposition to 23 U.S.C. 159. Beginning in Fiscal Year 2012, States’ failure to comply by October 1 of each fiscal year resulted in a withholding penalty of 8 percent from States’ apportionments for the fiscal year. Any funds withheld from a State under 23 U.S.C. 159 shall not be available for apportionment to that State. Respondents: 50 States and the District of Columbia and Puerto Rico. Estimated Annual Burden Hours: Annual average of 5 hours for each respondent; 260 total annual burden hours. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FHWA’s performance; (2) the accuracy of the estimated burdens; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request E:\FR\FM\28SEN1.SGM 28SEN1

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[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60862-60866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21076]


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TENNESSEE VALLEY AUTHORITY


Gallatin Fossil Plant Surface Impoundment Closure and Restoration 
Project Environmental Impact Statement

AGENCY: Tennessee Valley Authority.

ACTION: Record of decision.

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SUMMARY: This notice is provided in accordance with the Council on 
Environmental Quality's regulations and Tennessee Valley Authority's 
(TVA's) procedures for implementing the National Environmental Policy 
Act (NEPA). TVA has decided to adopt the Preferred Alternative 
identified in the Gallatin Fossil Plant (GAF) Surface Impoundment 
Closure and Restoration Project Environmental Impact Statement. The 
Final Environmental Impact Statement (EIS) was made available to the 
public on August 7, 2020. A Notice of Availability of the Final EIS was 
published in the Federal Register on August 14, 2020. The Preferred 
Alternative is ``Closure of the Ash Pond Complex (APC) via Closure-by-
Removal and Expansion of the Existing Onsite Landfill.'' This 
alternative would achieve the purpose and need of the project to 
support the implementation of TVA's goal to eliminate all wet Coal 
Combustion Residuals (CCR) storage at its coal plants by closing CCR 
surface impoundments across the TVA system and to comply with the U.S. 
Environmental Protection Agency's CCR Rule and other applicable federal 
and state statutes and regulations. The proposed actions would also 
provide long-term onsite landfill space for operations and/or storage 
of CCR.

FOR FURTHER INFORMATION CONTACT: Elizabeth Smith, Tennessee Valley 
Authority, 400 West Summit Hill Drive, WT11B-K, Knoxville, Tennessee 
37902, or by email [email protected]. The Final EIS, this Record of 
Decision (ROD) and other project documents are available on TVA's 
website https://www.tva.gov/nepa.

SUPPLEMENTARY INFORMATION: TVA is a corporate agency of the United 
States that provides electricity for business customers and local power 
distributors serving more than 10 million people in an 80,000 square 
mile area comprised of most of Tennessee and parts of Virginia, North 
Carolina, Georgia, Alabama, Mississippi, and Kentucky. TVA receives no 
taxpayer funding, deriving virtually all of its revenues from sales of 
electricity. In addition to operation of its power 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.
    GAF was built between 1953 and 1959 and operates four coal-fired, 
steam-generating units. Four combustion turbine (CT) units were added 
to GAF in the 1970s, and another four were added in 2000. The plant 
generates about seven billion kilowatt-hours of electric power in a 
typical year, which is enough electrical energy to meet the needs of 
approximately 480,000 homes. The plant consumes an average of 3.5 
million tons of coal per year, which results in the annual production 
of approximately 255,000 tons of CCR.
    TVA has prepared an EIS pursuant to NEPA to assess the 
environmental impacts associated with several projects to facilitate 
long-term management of CCR at GAF which include the following.
     Surface impoundment closures of the Ash Pond Complex (APC) 
which includes Ash Pond A, Ash Pond E, Middle Pond A, Bottom Ash Pond, 
and stilling ponds.
     Permanent disposition of CCR from the surface 
impoundments, including CCR previously removed from the Bottom Ash Pond 
that may be temporarily stockpiled in the existing onsite landfill, as 
well as de minimis amounts of CCR proposed to be removed from the 
stilling ponds.
     Construction of a lateral expansion of the existing onsite 
landfill.
     Location requirements analysis for a beneficial re-use 
processing facility.
     Disposal of CCR materials not usable by a beneficial re-
use processing facility in either the onsite landfill or an offsite 
landfill.
    TVA estimates that approximately 11,945,000 yd\3\ of CCR is located 
within the APC at GAF. TVA has evaluated the location requirements and 
environmental impacts associated with the potential construction and 
operation of an offsite proposed beneficial re-use processing facility 
that would be used to process CCR from GAF. TVA also considered 
potential impacts associated with the transport of CCR from GAF to an 
offsite beneficial re-use processing facility and an offsite landfill. 
Although a site has currently not been identified, TVA also conducted a 
supplemental NEPA analysis of two potential sites on the GAF 
Reservation for use by a beneficial re-use processing facility.
    With a long-standing commitment to safe and reliable operations and 
to environmental stewardship, TVA began, in 2009, to convert from wet 
to dry management of CCR. On April 17, 2015, the U.S. Environmental 
Protection Agency (EPA) published the Final Disposal of Coal Combustion 
Residuals from Electric Utilities rule (CCR Rule) in the Federal 
Register (80 Federal Register 21302). The CCR Rule establishes national 
criteria and schedules for the management and closure of CCR 
facilities.
    In June of 2016, TVA issued a Final Programmatic Environmental 
Impact Statement (PEIS) that analyzed methods

[[Page 60863]]

for closing impoundments that hold CCR materials at TVA fossil plants 
and identified specific screening and evaluation factors to help frame 
its evaluation of closures at additional facilities. The purpose of the 
PEIS was to support TVA's goal to eliminate all wet CCR storage at its 
coal plants by closing CCR surface impoundments across TVA's system and 
to assist TVA in complying with the EPA's CCR Rule.
    The proposed action at GAF tiers from the PEIS. The purpose, 
therefore, is to address the disposition of CCR onsite at GAF, to 
support the implementation of TVA's goal to eliminate all wet CCR 
storage at its coal plants by closing CCR surface impoundments across 
the TVA system, and to assist TVA in complying with EPA's CCR Rule and 
other applicable federal and state statutes and regulations. The 
proposed actions would also provide long-term onsite landfill space for 
operations and/or storage of CCR.

Alternatives Considered

    TVA considered two alternatives in the Draft EIS and Final EIS with 
two options for disposal and transport of CCR. These alternatives are:
    Alternative A--No Action Alternative. Under the No Action 
Alternative, TVA would not close any of the surface impoundments 
(neither in-place nor by removal), would not construct an expansion of 
the existing onsite landfill, and would not complete any restorative 
actions at GAF. Under the No Action Alternative, all plant process 
wastewaters would be handled through the flow management system, which 
includes the bottom ash dewatering facility. The stilling ponds would 
continue to receive storm water. TVA would continue safety inspections 
of structural elements to maintain stability, and all surface 
impoundments would be subject to continued care and maintenance 
activities. Under the No Action Alternative, TVA would also continue 
its groundwater monitoring program at GAF until groundwater protection 
standards are reached or as required under TVA's agreement with the 
Tennessee Department of Environment and Conservation (TDEC) [i.e., 
approved Corrective Action/Risk Assessment Plan (CARA Plan)].
    The No Action Alternative provides a baseline for potential changes 
to environmental resources; however, the alternative is inconsistent 
with TVA's plans to convert all of its wet CCR systems to dry systems. 
The No Action Alternative also would be inconsistent with EPA's CCR 
Rule and TVA's commitments to the State of Tennessee and TDEC. 
Consequently, this alternative would not satisfy the project purpose 
and need and, therefore, is not considered viable or reasonable. It 
does, however, provide a benchmark for comparing the environmental 
impacts of implementation of Alternative B.
    Alternative B--Closure of the APC via Closure-by-Removal and 
Expansion of the Existing Onsite Landfill. Under Alternative B, TVA 
would remove the CCR from the APC via Closure-by-Removal and construct 
a lateral expansion of the existing onsite landfill. In addition to CCR 
located in the impoundments, any CCR that may have been previously 
removed from the Bottom Ash Pond in conjunction with a previous GAF 
wastewater project, and that may be temporarily stockpiled in the 
existing onsite landfill, would also be removed.
    The primary actions under Alternative B that TVA is considering at 
GAF consist of closure of the surface impoundments that make up the APC 
and expansion of the existing onsite landfill. Closure of the APC will 
require stabilization of ponded areas and removal of CCR material and 
underlying soil within the impoundment footprint. Specific closure 
activities would include:

 Dewatering
 Clearing and grubbing
 Karst remediation, if necessary
 Excavation of ash using a tracked excavator and staging CCR 
material
 Mechanical moisture conditioning the excavated ash by dumping, 
scooping, and windrowing the ash within the existing footprint of the 
impoundment until it is sufficiently dried for hauling
 Storm water management
 Over-excavation of soil within the impoundment footprint
 Hauling dry ash and soil to the onsite permitted landfill or 
beneficial re-use processing facility

    Following excavation activities, lower portions of the APC would be 
converted to storm water management basins with appropriate approvals. 
The stilling ponds would continue to receive storm water from existing 
offsite areas north and east of the ponds and could continue to receive 
storm water runoff from the restored pond area. Upon completion of 
closure activities, the site would be graded and vegetated to provide 
appropriate surface water management.
    To facilitate the construction activities associated with closing 
the surface impoundments, an approximately 31-acre area located between 
the NRL Landfill and Ash Pond A would be used for laydown, access, and 
logistical purposes. This laydown/logistical use area would support 
equipment storage, material stockpiles, construction trailer placement, 
and would provide direct access for excavation and dewatering equipment 
to the APC.
    Closure of the surface impoundments may entail the addition of 
borrow material to achieve proposed finished grades and provide a 
suitable medium to support restoration of the former impoundment with 
approved, non-invasive seed mixes designed to quickly establish 
desirable vegetation. Suitable borrow material would be obtained from 
the TVA-owned permitted borrow site located 1.5 miles northwest of the 
fossil plant.
    The existing onsite landfill at GAF, the 52-acre NRL Landfill, is a 
Class II disposal facility that went into service in 2016. The NRL 
Landfill has a permitted disposal capacity of approximately 6.8 million 
yd\3\ and is currently utilized for disposal of CCR produced by GAF 
operations. The NRL Landfill does not have the capacity for storage of 
the estimated 11.9 million yd\3\ of CCR contained in the APC. 
Therefore, TVA is proposing to permit and develop an expansion of the 
NRL Landfill to store the CCR currently contained in the APC. The 
expansion would be of sufficient size to store ash removed from these 
surface impoundments and would also provide additional storage capacity 
to supplement the capacity of the NRL Landfill.
    The lateral landfill expansion, referred to as the South Rail Loop 
(SRL) Landfill, will contain a 130-acre disposal area adjacent to the 
NRL Landfill with an approximate landfill volume of 17.2 million yd\3\. 
The estimated capacity provides adequate storage capacity for CCR 
removed from the surface impoundments at GAF. Construction of the 
landfill expansion would require the disturbance of 174 acres of 
primarily undeveloped land and previously developed areas associated 
with plant operations. Landfill development in this location would also 
require disturbance of streams, wetlands, and cemeteries. Other 
ancillary facilities and actions affected by landfill development 
include:

 Relocation of a communications tower and ammonia sensor,
 the closure and remediation of a decommissioned firearms 
range,
 demolition of existing conference center/facilities building, 
and
 development of an office complex facility.


[[Page 60864]]


    Under Alternative B, TVA is considering two options for disposal of 
CCR removed from the APC. Option 1, CCR removed from surface 
impoundments would be transported via onsite haul roads and placed in 
either the existing onsite NRL Landfill, an expansion of the existing 
landfill (SRL Landfill), or a combination of these landfills.
    Under Option 2, CCR would be transported to an offsite beneficial 
re-use processing facility to be processed for use in concrete and 
other marketable materials. Under Option 2, some of the CCR may be 
unusable for beneficial re-use and would be disposed of in either the 
onsite landfill or transported to an existing offsite landfill 
previously permitted to receive CCR. TVA estimates that a minimum of 
80% of CCR in the APC, or approximately 800,000 yd\3\ per year, could 
be beneficially re-used, with the remaining CCR, up to 200,000 yd\3\ 
per year, transported to a landfill for disposal.
    No specific provider of the beneficiation services or the specific 
site in which a beneficial re-use processing facility would be 
constructed has been developed at this time. However, TVA recognizes 
that such a facility would be constructed and operated because TVA has 
the necessary raw materials (i.e., CCR) to make such a facility viable. 
It is expected that such a facility would be sited and constructed 
within 10 miles of GAF or the nearest interstate system serving the GAF 
area to facilitate efficient transport of CCR. TVA has developed 
information to characterize the beneficiation facility and its 
associated processes to support an analysis of environmental impacts of 
such a facility in conjunction with Alternative B (Option 2). Because a 
specific site for the potential beneficial re-use processing facility 
has not been identified, impacts of this option to process CCR from GAF 
are based on a bounding analysis of the characteristics of a 
representative beneficial re-use processing facility.

Environmentally Preferred Alternative

    Alternative A--No Action would result in the lowest level of 
environmental impacts as the impacts associated with closure of the 
impoundments and disposal of CCR under Alternative B would be avoided. 
However, Alternative A--No Action, does not meet the purpose and need 
for the project. TVA's preferred alternative is Alternative B with 
Option 1 as it would achieve the purpose and need of the project. 
Alternative B would include the closure of the APC by removal and the 
lateral expansion of the existing onsite landfill. Under Option 1, CCR 
removed from surface impoundments would be transported via onsite haul 
roads and placed in either the existing onsite NRL Landfill, an 
expansion of the existing landfill (SRL Landfill), or a combination of 
these landfills. Option 1 would result in minor impacts to the natural 
environment primarily from the construction of the onsite landfill, but 
these are not significant and are mitigated, as appropriate. Under 
Option 1, air and noise emissions, transportation impacts, safety risks 
and disruptions to the public that would be associated with the offsite 
transport of CCR along public roadways are minimized relative to Option 
2.
    Removal of CCR from the impoundments would result in predominantly 
minor impacts to the natural environment (surface water, floodplains, 
vegetation, wildlife, aquatic ecology and wetlands), that would be 
temporary and localized. Alternative B would provide a long-term 
benefit to groundwater by the removal of the potential future source of 
CCR constituents from the impoundments to groundwater. It would also 
eliminate the potential interaction between the CCR and the uppermost 
aquifer and eliminate new groundwater risk from groundwater 
constituents of concern potentially migrating offsite.
    No federal post-closure care measures are currently required as the 
impoundments would be closed under the Closure-by-Removal option. State 
requirements for post-closure care would be implemented as needed and 
the CARA Plan would be implemented. TVA will implement supplemental 
mitigative measures as required by TDEC, as well as its approved 
closure plan, which could include additional groundwater monitoring, 
assessment or corrective action programs. There would be only minor 
short-term impacts to the natural environment associated with transport 
of CCR to an offsite beneficial re-use processing facility or offsite 
landfill.
    Impacts to the human environment (air quality, climate change, 
visual resources, land use, socioeconomics, and public and worker 
safety) would be primarily related to closure activities and landfill 
construction, and would be minor and short-term. Although the proposed 
closure of the impoundments would have a minor impact on the regional 
transportation system, there could be moderate localized impacts to low 
volume roadways due to increased operations, construction workforce, 
and borrow transport. There would be no effect to solid and hazardous 
waste, although CCR previously managed in the impoundments at GAF would 
be disposed in a permitted landfill.
    Closure of the impoundments and expansion of the existing onsite 
landfill could impact six cemeteries located within the GAF 
reservation. Because of the potential importance of these cemeteries to 
the surrounding community and to local history, and in order to respect 
state law regarding cemeteries, TVA proposes to remove all graves in 
the affected cemeteries and relocate them to a new burial ground in 
consultation with the Tennessee State Historic Preservation Officer 
(SHPO), federally-recognized Indian tribes, and interested members of 
the Gallatin community. In consultation with the SHPO, TVA proposes 
delineating the cemetery boundaries, generating accurate maps, 
completing historical and genealogical research, engaging the community 
in the cemetery relocation project, completing analyses of grave 
contents, and installing signage or a marker. TVA would also ensure the 
relocation cemetery preserves information about the original cemeteries 
and is accessible to members of the public. These measures are further 
stipulated in a Memorandum of Agreement (MOA) that has been signed by 
TVA and the SHPO. With the signing of the MOA, TVA may proceed with the 
project under the National Historic Preservation Act (NHPA) Section 106 
as long as TVA remains in compliance with the obligations set forth in 
the MOA. After completing these steps, TVA would reinter all the graves 
in the relocation cemetery with the original grave markers.
    Under NHPA Section 106, TVA has consulted with the SHPO regarding 
TVA's determination that five of the cemeteries are potentially 
eligible for the NRHP. Under the MOA, TVA will carry out additional 
investigations to more fully determine the cemeteries' NRHP 
eligibility. These investigations will include informant interviews, 
examinations of additional historical records, and a tabulation of the 
remains found in disinterred graves. Should the investigations indicate 
that any of the cemeteries to be relocated would qualify for inclusion 
in the NRHP, TVA will make a finding of adverse effect, will consult 
further with the SHPO and other consulting parties, and will perform 
mitigation steps to resolve the adverse effect.

Decision

    TVA has decided to implement the preferred alternative identified 
in the Final EIS: Alternative B--Closure of the APC via Closure-by-
Removal and Expansion of the Existing Onsite

[[Page 60865]]

Landfill, with Option 1. This alternative would achieve the purpose and 
need of the project. Option 2 would also meet the purpose and need and 
would have similar impacts to Option 1; however, impacts related to air 
emissions, noise emissions, transportation impacts, safety risks and 
disruptions to the public that would be associated with the offsite 
transport of CCR along public roadways would be greater. Although TVA 
has chosen Option 1 for onsite CCR disposal at GAF, TVA is committed to 
evaluating emerging technologies and best practices for beneficial re-
use of CCR and for handling/transportation of CCR in the future.

Public Involvement

    On December 7, 2018, a Notice of Intent (NOI) to prepare an EIS to 
address the closure of the APC and expansion of the existing landfill 
at GAF was published in the Federal Register. In addition to the NOI in 
the Federal Register, TVA published information about the review on 
TVA's project website, notified the media, and sent notices to numerous 
individuals, organizations, local and regional stakeholders, 
governments and interested parties.
    Public comments on the scope of the EIS were collected from 
December 7, 2018 through January 11, 2019. TVA received 13 comment 
submissions from members of the public and state and federal agencies. 
Comments received on the proposed alternatives generally expressed 
concern regarding onsite storage of CCR material and requested that it 
be moved to an offsite location away from the Cumberland River or other 
bodies of water. Other commenters stressed concerns regarding potential 
risks to surface water and ground water quality in conjunction with the 
disposition of CCR in the existing ash ponds. Comments also included 
requests that the EIS include analysis of impacts to fish and wildlife 
resources. Several commenters expressed a desire to close the ash ponds 
by removal to reduce potential effects to sensitive resources and to 
consider the closure of coal plants to be replaced with natural gas or 
renewable energy. A comment was received requesting the EIS provide 
more detail regarding the beneficiation process and its potential 
issues relating to heavy metals. TVA considered these comments in the 
preparation of the Final EIS.
    TVA released the Draft EIS for public review on December 27, 2019. 
A Notice of Availability (NOA) for the Draft EIS was published in the 
Federal Register on January 4, 2020. Publication of the NOA in the 
Federal Register opened the 45-day comment period, which ended on 
February 18, 2020. To solicit public input, the availability of the 
Draft EIS was announced in regional and local newspapers serving the 
Gallatin area. The Draft EIS was posted on TVA's website, and hard 
copies were made available by request. TVA hosted an open house meeting 
to solicit public input on January 16, 2020, at the Gallatin Civic 
Center in Gallatin, Tennessee to allow the public to attend at their 
convenience and meet with TVA staff to discuss the project on an 
informal basis.
    TVA accepted comments submitted through mail, email, a comment form 
on TVA's public website, and at the public meeting. TVA received 96 
comment submissions from members of the public, organizations and state 
and federal agencies. Comment submissions were carefully reviewed and 
compiled into 127 specific comments which received responses. Most of 
the comments received were of a general nature, such as the promotion 
of clean air and water and environmental stewardship. Other comments 
received were related to public health and safety, groundwater impacts, 
sufficiency of the bounding analyses, beneficial re-use, cemetery 
relocation, and consideration of impacts to communities requiring 
environmental justice considerations. TVA provided responses to these 
comments, made appropriate minor revisions to the Draft EIS and issued 
the Final EIS. The NOA for the Final EIS was published in the Federal 
Register on August 14, 2020.

Mitigation Measures

    TVA will use appropriate best management practices (BMPs) during 
all phases of closure of the APC and expansion of the existing onsite 
landfill. Mitigation measures and actions taken to reduce adverse 
impacts associated with the proposed action are detailed in the Final 
EIS and include:
     Standard BMPs will be applied during construction 
activities to minimize environmental effects and would be implemented 
by construction personnel or included in contract specifications.
     A General Permit for Storm Water Discharges Associated 
with Construction Activities TNR100000 or an Individual Construction 
Storm Water Permit will be obtained and would require development of a 
project-specific Storm Water Pollution Prevention Plan (SWPPP) in 
accordance with the TDEC General Construction Storm Water permit and 
the Tennessee Erosion and Sediment Control Handbook.
     Erosion and sedimentation control BMPs described in The 
Tennessee Erosion and Sediment Control Handbook--4th Edition and 
outlined in the project-specific SWPPP will be implemented to minimize 
erosion, protect surface waters and groundwater, and preserve soils and 
geologic features during construction and site restoration activities.
     Equipment washing and dust control discharges will be 
handled in accordance with BMPs described in the Construction General 
Permit's SWPPP or BMP Plan required by the site's NPDES Permit 
TN0005428 to minimize construction impacts to surface waters.
     BMPs for herbicide and fertilizer application and to 
control sediment infiltration will be used to protect groundwater.
     TVA will comply with fugitive dust emission standards 
specified in the GAF's Title V Operating Air Permit, the GAF CCR 
fugitive dust control plan and associated BMPs, and the construction 
permit from TDEC.
     Noise emissions will be minimized through implementation 
of BMPs.
     Customary industrial safety standards including OSHA 
requirements for workers will be followed during all project 
activities.
     Sanitary wastes generated during construction activities 
will be collected by the existing onsite septic system(s) or by means 
of portable toilets (i.e., porta lets).
     Solid and hazardous wastes generated by proposed project 
activities will be managed in accordance with standard procedures for 
spill prevention and cleanup and waste management protocols in 
accordance with pertinent federal, state and local requirements.
     Consistent with E.O. 13112 as amended by E.O. 13751, 
disturbed areas will be graded and revegetated with native or non-
native, non-invasive plant species to avoid the introduction or spread 
of invasive species.
     A CCR removal plan will be submitted for TDEC approval 
prior to removal.
     The proposed new SRL landfill expansion would adhere to 
TDEC Class II permitting and EPA CCR Rule requirements.
     Potential risk and impact to karst features will be 
investigated and mitigated during construction activities according to 
a karst mitigation plan that recommends stages and actions to be 
performed both prior to landfill construction and during landfill 
construction.

[[Page 60866]]

     State requirements for post-closure care and/or 
remediation will be implemented as needed and the CARA Plan will be 
implemented.
     Leachate from the proposed landfill expansion will be 
collected in either a collection tank or a sump and pumped to the flow 
management system, where it will be treated prior to discharge from a 
permitted NPDES outfall.
     The conservation measures required for this project are 
identified on pages 5-7 of the TVA Bat Strategy Project Screening Form, 
and they will be implemented as part of the proposed project.
     A survey will be performed between one and three months 
prior to removal of structures located within the landfill expansion 
footprint to determine if wildlife or active nests of migratory birds 
are present.
     Should the two osprey nests located on transmission line 
towers within the proposed project area be active in future years, ash 
pond closure activities will be minimized within a 660-foot diameter 
buffer around the nest during the osprey nesting season.
     A Tennessee Stream Quantification Tool will be required 
per TDEC regulations to assess the quality of streams to be impacted by 
the proposed projects. A TDEC Section 401 Water Quality Certification/
ARAP and USACE 404 permit will be required for disturbance to wetlands 
and stream features, and the terms and conditions of these permits 
would include mitigation for unavoidable adverse impacts.
     Non-critical actions proposed within the 100-year 
floodplain that were not reviewed in TVA's 1981 Class Review of 
Repetitive Actions in the 100-Year Floodplain will be subject to 
further review under the floodplains No Practicable Alternative 
analysis. Critical actions would need to be located outside the 500-
year floodplain. Specific conditions to minimize adverse impacts for 
any non-critical actions proposed within the 100-year floodplain will 
be determined in a subsequent environmental review.
     TVA will mitigate impacts to cemeteries located within the 
project area by removing all graves and relocating them to a new burial 
ground per stipulations outlined in the MOA signed by TVA and the SHPO.
     TVA commits to conducting a traffic analysis and traffic 
management plan to identify and evaluate potential mitigative measures 
and their effectiveness for reducing traffic related impacts.
     In addition to any federal requirements that may apply to 
the impoundments at GAF after closure is completed, TVA will implement 
supplemental mitigative measures as required by TDEC, as well as its 
approved closure plan, which could include additional groundwater 
monitoring, assessment or corrective action programs.
     If the proposed action were to change significantly from 
that described in the EIS because of additional or new information, 
additional environmental analyses will be undertaken if necessary.

    Dated: September 17, 2020.
Robert M. Deacy, Sr.,
Senior Vice President, Generation Construction, Projects & Services, 
Tennessee Valley Authority.
[FR Doc. 2020-21076 Filed 9-25-20; 8:45 am]
BILLING CODE 8120-08-P