Rural Utilities Service September 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 Rural Utilities Service (RUS) published a document in the Federal Register on July 26, 2012, proposing policies and procedures for loan and guarantee financial assistance in support of energy efficiency programs (EE Programs) sponsored and implemented by electric utilities for the benefit of rural persons in their service territory. The comment period closing date was incorrect.