Department of Agriculture September 26, 2012 – Federal Register Recent Federal Regulation Documents

The Rural Utilities Service (RUS) has issued a Record of Decision (ROD) for the adoption of the Final Environmental Impact Statement (EIS) for the proposed participation of South Mississippi Electric Power Association (SMEPA) in Plant Ratcliffe, an Integrated Gasification Combined-Cycle Facility located in Kemper County, Mississippi (the Project). The Acting Administrator of RUS has signed the ROD, which is effective on the publication of this notice. The U.S. Department of Energy (DOE) prepared an Environmental Impact Statement (EIS) for the Project in cooperation with the U.S. Army Corps of Engineers (USACE). The purpose of the EIS was to evaluate the potential environmental impacts of the Project so that the DOE could assess potential cost-shared financing under the Clean Coal Power Initiative (CCPI) and issuance of a loan guarantee under the Energy Policy Act of 2005 (EPAct05), and the USACE could consider potential issuance of permits under Section 404 of the Clean Water Act. The DOE/USACE Final EIS was issued in May 2010, and DOE issued their Record of Decision (ROD) in August 2010. RUS is considering providing a $480 million loan guarantee to SMEPA that would provide for the acquisition of a 15% undivided ownership interest in the Project. RUS adopted the Final EIS pursuant to the National Environmental Policy Act of 1969 (NEPA) (U.S.C. 4231 et seq.), and in accordance with the Council on Environmental Quality's (CEQ) regulations for implementing the procedural provisions of NEPA (40 CFR Parts 1500-1508) and RUS's Environmental Policies and Procedures (7 CFR Part 1794). RUS determined that the actions covered by the DOE/USACE Final EIS and RUS's proposed action were substantially the same, given that no new infrastructure would be required for SMEPA's participation (40 CFR 1506.3(b)). RUS conducted an independent evaluation of the DOE/USACE Final EIS, the associated Mitigation Action Plan (MAP) and Record of Decision (ROD), determined the documentation met the standards of an adequate statement (40 CFR 1506.3(a)), and adopted the documentation (Subpart H, 7 CFR Part 1794).

The USDA Forest Service, together with the California Public Utilities Commission (CPUC), will prepare a joint Supplemental Environmental Impact Statement (EIS) and Supplemental Environmental Impact Report (EIR) to assess the effects of Federal Aviation Administration (FAA) recommendations on National Forest System lands for the Tehachapi Renewable Transmission Project (TRTP). The CPUC granted Southern California Edison (SCE) approval to build TRTP in Decision 09-12-044 on non-federal lands, and the Forest Service approved SCE to implement the TRTP on National Forest System lands in a 2010 Record of Decision (ROD). The decision required SCE to consult with the FAA for aviation safety. The FAA recommended installing marker balls on certain transmission line spans and aviation lighting on certain transmission structures. These recommendations will be analyzed in the joint Supplemental EIS/EIR. Following the public review period for the Draft Supplemental EIS/ EIR the Forest Service and CPUC will issue a Final Supplemental EIS/ EIR. The Forest Service will issue a ROD to document the decision to either approve or deny the changes to SCE's project. As the National Environmental Policy Act (NEPA) Lead Agency for the project, the Forest Service will conduct a detailed review of the effects of the FAA recommendations on National Forest System lands. Within the Angeles National Forest it is estimated that approximately 649 marker balls on 119 spans and 4 structures with aviation lights would impact Segments 6 and 11 to implement the FAA's recommendations. Two of the 4 structures recommended for aviation lights are on private lands within the Angeles National Forest, and are not subject to Forest Service jurisdiction or control. The Forest Service is providing notice of this analysis so that interested and affected individuals are aware of how they may participate and contribute towards the final decision on the TRTP by the Forest Service. Note: Segment 8A undergrounding options are not the subject of this Notice of Intent.