Department of Energy December 2020 – Federal Register Recent Federal Regulation Documents

The National Nuclear Security Administration (NNSA), a semi- autonomous agency within the United States (U.S.) Department of Energy (DOE), announces its intent, consistent with the National Environmental Policy Act of 1969 (NEPA), to prepare a Surplus Plutonium Disposition Program (SPDP) Environmental Impact Statement (EIS) to evaluate alternatives for the safe and timely disposition of plutonium surplus to the defense needs of the United States. NNSA will prepare a SPDP EIS to evaluate the dilute and dispose alternative, also known as ``plutonium downblending,'' and any other identified reasonable alternatives for the disposition of surplus plutonium. The dilute and dispose approach would require new, modified, or existing capabilities at the Savannah River Site (SRS), Los Alamos National Laboratory (LANL), Pantex Plant (Pantex), and the Waste Isolation Pilot Plant (WIPP). The purpose of this Notice is to invite public participation in the process and to encourage public involvement on the scope and alternatives that should be considered.

In this final rule, the U.S. Department of Energy (``DOE'') adopts a revised definition for ``showerhead'' and definitions for ``body spray'' and ``safety shower showerhead''. The revised regulatory definition for ``showerhead'' is consistent with the most recent standard developed by the American Society of Mechanical Engineers (``ASME'') in 2018, such that each showerhead in a product containing multiple showerheads would be considered separately for purposes of determining standards compliance. DOE has determined that the definition is consistent with EPCA and, unlike the current definition, compliant with the National Technology Transfer and Advancement Act and Office of Management and Budget (``OMB'') Circular A-119. In addition, the definition is consistent with DOE's treatment of other products, such as body sprays. DOE is also defining the terms ``body spray'' and ``safety shower showerhead'' to clarify which products are not subject to the current energy conservation standard. With regard to the showerhead test procedure, DOE emphasizes in this final rule that the existing test procedure remains applicable for purposes of measuring the water use of a showerhead as defined in this final rule. DOE is not finalizing any test procedure amendments in this final rule.

The Energy Policy and Conservation Act, as amended (``EPCA''), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential clothes washers and consumer clothes dryers. In this final rule, the U.S. Department of Energy (``DOE'' or ``the Department'') establishes separate product classes for top-loading consumer clothes washers and consumer clothes dryers that offer cycle times for a normal cycle of less than 30 minutes, and for front-loading residential clothes washers that offer cycle times for a normal cycle of less than 45 minutes. DOE's decision to establish these new product classes is based on the comments received in response to the proposed rule as well as testing and evaluation conducted by the Department. This rulemaking sets out the basis for the new product classes. DOE intends to determine the specific energy and water consumption limits for the new product classes in separate rulemakings in accordance with the requirements of the Department's Process Rule.

The Department of Energy (DOE) has submitted an information collection request to the OMB for extension under the provisions of the Paperwork Reduction Act of 1995. The information collection requests a three-year extension of its Coordination of Federal Authorizations for Electric Transmission Facilities collection, OMB Control Number 1910- 5185. The proposed collection will be used to meet requirements found in the Federal Power Act directing DOE to establish a pre-application process for qualifying electric transmission projects requiring multiple Federal authorizations. DOE published a Federal Register notice on September 25, 2020 soliciting 60 days of public comment. DOE received no comments.

The Energy Policy and Conservation Act, as amended (``EPCA''), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including consumer conventional cooking products. EPCA also requires the U.S. Department of Energy (``DOE'') to periodically determine whether more-stringent standards would be technologically feasible and economically justified, and would result in significant energy savings. In this notification of proposed determination (``NOPD''), DOE has initially determined that amended energy conservation standards for consumer conventional cooking products would not be economically justified and would not result in a significant conservation of energy. DOE requests comment on this proposed determination and the associated analyses and results.

Mercuria Energy America, LLC. (Applicant or MEA) has applied for authorization to transmit electric energy from the United States to Canada pursuant to the Federal Power Act.

The Western Area Power Administration (WAPA) and Trinity Public Utility District (Trinity PUD) are proposing a proactive Wildfire Risk Reduction, Reliability, and Asset Protection (WRAP) Project to reduce fire risk to the surrounding communities and public lands, as well as to increase electric reliability to maintain critical services in local communities. WAPA and Trinity PUD will prepare a joint Environmental Impact Statement (EIS) and Environmental Impact Report (EIR) in accordance with the National Environmental Policy Act of 1969 (NEPA), U.S. Department of Energy (DOE) NEPA Implementing Procedures, Council on Environmental Quality (CEQ) regulations for implementing NEPA, and the California Environmental Quality Act (CEQA) as codified in California's Public Resource Code, and the Guidelines for Implementation of the California Quality Act (CEQA Guidelines) in Title 14 of the California Code of Regulations. Portions of the proposed action may affect floodplains or wetlands, so this Notice of Intent (NOI) also serves as a notice of proposed floodplain or wetlands action in accordance with DOE floodplain and wetlands review requirements.