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Federal Register / Vol. 72, No.

66 / Friday, April 6, 2007 / Notices 17143

c. Submission of Paper Applications Act (GPRA) performance measures for following site: http://www.ed.gov/news/
by Hand Delivery. this program and report those data to fedregister.
If you submit your application in the Department in your interim To use PDF you must have Adobe
paper format by hand delivery, you (or performance report and final Acrobat Reader, which is available free
a courier service) must deliver the performance report. At the end of your at this site. If you have questions about
original and two copies of your project period, you must submit a final using PDF, call the U.S. Government
application by hand, on or before the performance report, including financial Printing Office (GPO), toll free, at 1–
application deadline date, to the information, as directed by the 888–293–6498; or in the Washington,
Department at the following address: Secretary. You must also submit an DC, area at (202) 512–1530.
U.S. Department of Education, interim report nine months after the You may also view this document in
Application Control Center, Attention: award date. This report should provide text or PDF at the following site:
(CFDA Number 84.184E), 550 12th the most current performance and http://www.ed.gov/programs/
Street, SW., Room 7041, Potomac Center financial expenditure information as dvpemergencyresponse/index.html
Plaza, Washington, DC 20202–4260. specified by the Secretary in 34 CFR Note: The official version of this document
The Application Control Center 75.118. We may also require more is the document published in the Federal
accepts hand deliveries daily between 8 frequent performance reports in Register. Free Internet access to the official
a.m. and 4:30 p.m., Washington, DC accordance with 34 CFR 75.720(c). edition of the Federal Register and the Code
time, except Saturdays, Sundays, and 4. Performance Measures: We have of Federal Regulations is available on GPO
Federal holidays. identified the following key GPRA Access at: http://www.gpoaccess.gov/nara/
performance measures for assessing the index.html.
Note for Mail or Hand Delivery of Paper
Applications: If you mail or hand deliver effectiveness of the Readiness and
Emergency Management for Schools Dated: April 3, 2007.
your application to the Department—
(1) You must indicate on the envelope grant program: (1) The percentage of Deborah A. Price,
and—if not provided by the Department—in Emergency Management Grant sites that Assistant Deputy Secretary for Safe and Drug-
Item 11 of the SF 424 the CFDA number, demonstrate they have increased the Free Schools.
including suffix letter, if any, of the number of hazards addressed by the [FR Doc. E7–6503 Filed 4–5–07; 8:45 am]
competition under which you are submitting improved school emergency BILLING CODE 4000–01–P
your application; and
(2) The Application Control Center will
management plan as compared to the
mail to you a notification of receipt of your baseline plan; (2) The percentage of
grant application. If you do not receive this Emergency Management Grant sites that DEPARTMENT OF ENERGY
notification within 15 business days from the demonstrate improved knowledge of
application deadline date, you should call school/and or district emergency Record of Decision, Orlando
the U.S. Department of Education management policies and procedures by Gasification Project, Orlando, Orange
Application Control Center at (202) 245– school staff with responsibility for County, FL
6288. emergency management functions; and AGENCY: Department of Energy.
(3) The percentage of Emergency
V. Application Review Information Management Grant sites that have a plan ACTION: Record of Decision.
1. Selection Criteria: The selection for, and commitment to, the SUMMARY: The Department of Energy
criteria for this program are from 34 CFR sustainability and continuous (DOE) has prepared an environmental
75.210 and are listed in the application improvement of the school emergency impact statement (EIS) (DOE/EIS–0383)
package. management plan by the district and to assess the environmental impacts
VI. Award Administration Information community partners beyond the period associated with a proposed project that
of Federal financial assistance. would be cost-shared by DOE and
1. Award Notices: If your application
VII. Agency Contact Southern Company (in partnership with
is successful, we notify your U.S.
the Orlando Utilities Commission)
Representative and U.S. Senators and For Further Information Contact: Sara
(OUC) under DOE’s Clean Coal Power
send you a Grant Award Notification Strizzi, U.S. Department of Education,
Initiative (CCPI) program. The project
(GAN). We may also notify you 400 Maryland Ave., SW., room 3E320,
would demonstrate advanced power
informally. Washington, DC 20202–6450.
If your application is not evaluated or generation systems using Integrated
Telephone: (202) 708–4850 or by e-mail:
not selected for funding, we notify you. Gasification Combined Cycle (IGCC)
sara.strizzi@ed.gov.
2. Administrative and National Policy technology at OUC’s existing Stanton
If you use a telecommunications
Requirements: We identify Energy Center near Orlando, Florida.
device for the deaf (TDD), you may call
administrative and national policy After careful consideration of the
the Federal Relay Service (FRS) at 1–
requirements in the application package potential environmental impacts, along
800–877–8339.
and reference these and other Individuals with disabilities may with program goals and objectives, DOE
requirements in the Applicable obtain this document in an alternative has decided that it will provide, through
Regulations section of this notice. format (e.g., Braille, large print, a cooperative agreement with Southern
We reference the regulations outlining audiotape, or computer diskette) on Company, a total of $235 million in
the terms and conditions of an award in request to the program contact person cost-shared funding (about 41% of the
the Applicable Regulations section of listed in this section. total cost of approximately $569
this notice and include these and other million) to design, construct, and
specific conditions in the GAN. The VIII. Other Information demonstrate the Orlando Gasification
GAN also incorporates your approved Electronic Access to This Document: Project proposed by Southern Company.
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application as part of your binding You may view this document, as well as ADDRESSES: The final EIS is available on
commitments under the grant. all other documents of this Department the DOE NEPA Web site at http://
3. Reporting: If funded, you are published in the Federal Register, in www.eh.doe.gov/nepa/
expected to collect data on the key text or Adobe Portable Document documentspub.html and on the DOE
Government Performance and Results Format (PDF) on the Internet at the National Energy Technology Laboratory

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17144 Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Notices

Web site at http://www.netl.doe.gov/ Orlando Gasification Project (‘‘Orlando EIS Process


technologies/coalpower/cctc/EIS/ Project’’) was one of four projects On August 11, 2005, DOE published
eis_orlando.html, and the Record of selected in October 2004 for further in the Federal Register (70 FR 46825) a
Decision (ROD) will be available on consideration. Evaluation criteria used Notice of Intent (NOI) to prepare the EIS
both Web sites in the near future. Copies in the selection process included and hold a public scoping meeting. DOE
of the final EIS and this ROD may be technical merit of the proposed held a public scoping meeting in
requested by contacting Mr. Richard A. technology, potential for a successful Orlando, Florida, on August 30, 2005.
Hargis, Jr., National Environmental demonstration of the technology, and DOE received 11 oral responses at the
Policy Act (NEPA) Document Manager, potential for the technology to be public scoping meeting and 11
U.S. Department of Energy, National commercialized. DOE also considered responses by comment card, mail, e-
Energy Technology Laboratory, 626 the participant’s funding and financial mail, and telephone from members of
Cochrans Mill Road, P.O. Box 10940, proposal; DOE budget constraints; the public, interested groups, and
Pittsburgh, PA 15236–0940; telephone: environmental, health, and safety Federal, state, and local officials. The
412–386–6065; or e-mail: implications; and program policy responses assisted in establishing
Richard.Hargis@netl.doe.gov. factors, such as DOE’s preference for additional issues to be analyzed in the
FOR FURTHER INFORMATION CONTACT: To projects that represent a diversity of EIS and in determining the level of
obtain additional information about the technologies, utilize a broad range of analysis warranted for each issue.
project or the EIS, contact Mr. Richard U.S. coals, and represent a broad On August 24, 2006, DOE published
A. Hargis, Jr., National Environmental geographical cross-section of the United in the Federal Register (71 FR 50051) a
Policy Act (NEPA) Document Manager, States. Notice of Availability for the Orlando
U.S. Department of Energy, National Gasification Project draft EIS. The
DOE selected the Orlando Project for
Energy Technology Laboratory, 626 Notice of Availability invited comments
Cochrans Mill Road, P.O. Box 10940, further consideration in view of two
principal needs. First, the project would on the draft EIS and participation in the
Pittsburgh, PA 15236–0940; telephone: NEPA process. As part of the review
412–386–6065; or e-mail: meet the Congressional mandate to
demonstrate advanced coal-based process, DOE conducted a public
Richard.Hargis@netl.doe.gov. For hearing on September 13, 2006, in
general information on the DOE NEPA technologies that can generate clean,
Orlando, Florida. DOE also conducted
process, contact Ms. Carol M. reliable, and affordable electricity in the
an informational session prior to the
Borgstrom, Director, Office of NEPA United States. Second, the
hearing for the public to learn more
Policy and Compliance (GC–20), U.S. demonstration would provide a more
about the proposed project. The public
Department of Energy, 1000 cost-effective fuel supply for integration
was encouraged to provide oral
Independence Avenue, SW., with a privately funded combined-cycle comments at the hearings and to submit
Washington, DC 20585–0103; telephone: unit to generate electricity. written comments to DOE during a 45-
202–586–4600; or leave a toll-free More specifically, the Orlando Project day public comment period that ended
message at 1–800–472–2756. could demonstrate advanced coal October 10, 2006. DOE received oral
SUPPLEMENTARY INFORMATION: DOE has gasification for power generation comments from two individuals at the
prepared this ROD pursuant to Council applications using IGCC technology at a public hearing, and written comments
on Environmental Quality (CEQ) sufficiently large scale to allow from three individuals, one non-
regulations for implementing the industries and utilities to assess the governmental organization, two Federal
procedural provisions of NEPA [40 Code project’s potential for commercial agencies, and one local agency during
of Federal Regulations (CFR) Parts application. A successful demonstration and after the public hearing.
1500–1508] and DOE NEPA regulations would confirm that the technology In January 2007, DOE issued the final
(10 CFR Part 1021). This ROD is based could be implemented at the EIS and the Environmental Protection
on DOE’s final EIS for the Orlando commercial scale. The cost-shared Agency (EPA) published a Notice of
Gasification Project (DOE/EIS–0383, contribution by DOE would help reduce Availability of the final EIS in the
January 2007). the risk to the Southern Company team Federal Register on January 26, 2007
in demonstrating the technology at the (72 FR 3846). In the final EIS, DOE
Background and Purpose and Need for considered and, as appropriate,
Agency Action level of maturity needed for decisions
on commercialization. responded to public comments on the
In 2002, the U.S. Congress established draft EIS. Among the issues raised in the
the CCPI program to accelerate Further, the transport gasifier
comments on the draft EIS were
commercial deployment of advanced technology that would be demonstrated concerns about (1) Carbon dioxide (CO2)
coal-based technologies for generating offers a simpler method for generating emissions and mitigation options; (2)
clean, reliable, and affordable electricity power from coal than other alternatives. vehicle and rail traffic; (3) mercury
in the United States. Congress indicated It is unique among coal gasification deposition and bioaccumulation; (4)
that projects in the program should be technologies in that it is cost-effective ambient concentrations of ozone; (5)
industry enterprises assisted by the when handling low rank coals and environmental justice considerations;
government and not government- when using coals with high moisture or and (6) air toxics impacts.
directed demonstrations. These projects high ash content. These coals make up
half the proven reserves in both the U.S. Project Location and Description
are expected to showcase technologies
in which coal-fired power plants can and the world. Moreover, the transport The Orlando Project would be located
continue to generate low cost electricity gasifier is capable of both air- and at OUC’s existing 3,280-acre Stanton
with improved efficiency and comply oxygen-blown operation. This inherent Energy Center in eastern Orange County,
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with more stringent environmental flexibility will allow it to readily adapt approximately 3 miles east of the
standards expected in the future. to other applications beyond power eastern city limits of Orlando, Florida,
DOE issued the second-round CCPI generation including chemical and about 13 miles east-southeast of
solicitation in February 2004 and production and possible future carbon downtown Orlando. The topography of
received 13 proposals in June 2004. The management requirements. the area is relatively flat. The new

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Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Notices 17145

facilities would be constructed on partial funding of projects owned and environmental permitting activities, and
approximately 35 of the 1,100 acres of controlled by non-Federal sponsors. preparation of environmental
land that were previously cleared, This statutory requirement places DOE information for NEPA analysis.
leveled, and licensed for power plant in a much more limited role than if the Although DOE funding would support
use. The project equipment would be Federal government were the owner and only the Orlando Project (i.e., coal
located between existing coal-fired units operator of the project. In the latter gasifier, synthesis gas cleanup systems,
and an existing natural gas-fired situation, DOE would be responsible for and supporting infrastructure), the
combined-cycle unit. A short a comprehensive review of reasonable Orlando Project would be integrated
transmission line (approximately 3,200 alternatives for siting the project.
with a privately funded, combined-cycle
ft in length), proposed to serve as an However, in dealing with an applicant
unit, which together would constitute
electrical interconnection from the under the CCPI Program, DOE must
the IGCC facilities. The IGCC facilities
proposed facilities to an existing onsite focus on alternative ways to accomplish
would convert coal into synthesis gas to
substation, would occupy a small CCPI’s purpose that reflect both the
amount of additional land. Land use in application before it and the role DOE drive a gas combustion turbine, and hot
the vicinity includes undeveloped areas plays in the decisional process. It is exhaust gas from the gas turbine would
interspersed with a mixture of appropriate in such cases for DOE to generate steam from water to drive a
residential and commercial buildings, as give substantial weight to the steam turbine. Combined, the two
well as a park, correctional facility, and applicant’s desires in establishing a turbines would generate 285 MW
landfill. project’s reasonable alternatives. (megawatts) of electricity. This proven,
Construction would begin in late 2007 Based on the foregoing principles, the reliable combined-cycle approach of
and continue until early 2010. An only reasonable alternative here to the using a gas turbine and steam turbine in
average of about 350 construction proposed action was the no-action tandem increases the amount of
workers would be on the site during alternative, including one scenario that electricity that can be generated from a
construction. Approximately 600 to 700 could reasonably be expected to result given amount of fuel. The IGCC
workers would be required during the as a consequence of the no-action facilities are expected to provide a
peak construction period between fall alternative. DOE dismissed from further source of electricity that is reliable, low
2008 and spring 2009. After mechanical consideration other alternatives that did cost, environmentally sound, and
checkout of the proposed facilities, not meet the goals and objectives of the efficient. DOE expects that
demonstration (including data analysis CCPI Program or of the applicant. approximately 40% of the energy in the
and process evaluation) would be The Stanton Energy Center was the fuel would be converted to electricity
conducted over a 4.5-year period from only location identified in Southern’s compared to about 33% for
mid 2010 until late 2014. CCPI proposal. It is an existing site at conventional coal-fired power plants.
If the demonstration is successful, which the private partners have already The IGCC facilities would substantially
commercial operation would follow established a business relationship. reduce emissions of sulfur dioxide
immediately. The combined workforce Because it is an existing site, DOE (SO2), oxides of nitrogen (NOX), and
(i.e., including the Orlando Gasification concluded that it would be preferable to mercury relative to existing,
Project and the combined-cycle any undeveloped location. conventional coal-fired power plants.
generating unit) would consist of DOE considered alternative
approximately 72 employees added to technologies but dismissed them as No-Action Alternative
the existing Stanton Energy Center staff unreasonable. Technologies and
approaches that did not involve the use Under the no-action alternative, DOE
of 204 employees. Of the 72 new
of coal (e.g., natural gas, wind power, would not provide cost-shared funding
employees, 19 workers would provide
solar energy, and conservation) would for the design, construction, and
support only during the startup and
not contribute to the CCPI Program goal demonstration of the proposed Orlando
demonstration phases of the project,
of accelerating commercial deployment Project at OUC’s Stanton Energy Center
while 53 employees would be needed
of advanced coal-based technologies. near Orlando, Florida. Based on
over the lifetime of the facilities. The
Other alternatives, such as reducing the information from the private partners,
facilities would be designed for a
size of the proposed project, were without DOE participation, Southern
lifetime of at least 20 years, including
the 4.5-year demonstration period. dismissed as unreasonable. The design Company and/or OUC could reasonably
The new coal gasifier would operate size for the proposed project was be expected to pursue at least one
entirely on coal, consuming a total of selected because it is sufficiently large option (i.e., the combined-cycle
approximately 1,020,000 tons per year to show potential customers that the facilities would be built at the Stanton
to produce synthesis gas. Two to three gasification technology, once Energy Center and operated using
trains per week would deliver low- demonstrated at this scale, could be natural gas as fuel, without the gasifier,
sulfur subbituminous coal from the applied commercially without further synthesis gas cleanup systems, and
Powder River Basin in Wyoming. The scale-up. The size of the proposed supporting infrastructure). Accordingly,
heating value of the coal would average project is also related to OUC’s DOE analyzed a no-action alternative
about 8,760 Btu/lb and the sulfur projected need for power. scenario in which combined-cycle
content would average about 0.26%. facilities would operate using natural
Proposed Action gas as fuel without the availability of
Most air emissions would result from
combustion of synthesis gas in the gas The proposed action is for DOE to synthesis gas. Under the no-action
combustion turbine during normal provide Southern Company a total of alternative, commercialization of the
operations. The exhaust gas would be $235 million in cost-shared funding to gasification facilities (alone or
released to the atmosphere via a 205-ft design, construct, and demonstrate the integrated with the combined-cycle
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stack. Orlando Project. A portion ($13.762 facilities to form IGCC technology)


million) of this funding has already would probably not occur because
Alternatives been provided for activities in the first utilities and industries tend to use
Congress directed DOE to pursue the budget period, such as project known and demonstrated technologies
goals of the CCPI Program by means of definition, front-end engineering design, rather than unproven technologies.

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17146 Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Notices

Potential Environmental Impacts and are less than ‘‘significant impact levels,’’ of air pollutants, including: (1)
Mitigation Measures then no further modeling for regulatory Application of Best Available Control
In making its decision, DOE purposes is required.) Modeling results Technology; (2) enclosure of coal
considered the environmental impacts also predicted that, combined with unloading, transfer, and conveying
of the proposed action and the no-action ambient background concentrations, equipment, plus application of water
pollutant concentrations from Orlando sprays, as needed, and use of baghouses
alternative on potentially affected
Project emissions would be less than at key transfer points; (3) use of high
environmental resource areas. These
corresponding ambient air quality temperature, high pressure filters within
include: land use and aesthetics,
standards. Concentrations would be the gasification process to collect
atmospheric resources and air quality,
negligible at the nearest Prevention of particulate matter from the synthesis
geology and soils, water resources,
Significant Deterioration (PSD) Class I gas; (4) use of gas cleanup technology to
floodplains and wetlands, ecological
area about 90 miles to the west- reduce sulfur concentrations in the
resources, social and economic
northwest. (Class I areas are designated synthesis gas; and (5) use of activated
resources (including environmental
areas in which the degradation of air carbon to remove mercury from the
justice and cultural resources), waste
quality is to be severely restricted.) synthesis gas.
management, human health and safety, Annual NOX emissions from the Stanton Southern would monitor to ensure
noise, and transportation. While the Energy Center overall would not be emissions compliance. DOE expects the
proposed project consists of only the expected to increase because, as part of proposed facilities to be subject to the
gasifier, synthesis gas cleanup systems, the air permitting process, OUC has Clean Air Interstate Rule, Clean Air
and supporting infrastructure, the EIS agreed to reduce NOX emissions from Mercury Rule, applicable New Source
includes the combined-cycle generating other units at the Stanton Energy Center Performance Standards, and 40 CFR Part
unit in the analysis of environmental so that there would be a net decrease in 75 (Acid Rain Program). In general,
impacts because the facilities are NOX emissions. Annual emissions of these Federal rules require continuous
operationally interdependent. The EIS volatile organic compounds (VOCs), a monitoring and recording of SO2, NOX,
considers the impacts from these precursor of the criteria pollutant ozone, and mercury emissions. Monitoring
facilities combined with those from would be 129 tons. The small would be subject to stringent quality
other, existing facilities at the Stanton percentage increase in VOC emissions assurance and control requirements to
Energy Center, and also examines (approximately 0.3% of the Orange ensure that the monitored emissions
potential incremental impacts of the County 2001 emission inventory) would data are accurate and complete.
project in combination with other past, not be likely to degrade air quality Southern would conduct initial and
present and reasonably foreseeable sufficiently to cause violations of the periodic compliance testing pursuant to
future actions (i.e., cumulative impacts). ozone standard, but the magnitude of Florida Department of Environmental
The following sections provide key the degradation cannot be quantified. Protection requirements. This stack
findings for areas of potential concern. The maximum ambient 24-hour testing, using EPA reference methods, is
Land Use and Aesthetics concentration of mercury from the expected to address the principal air
proposed HRSG stack is predicted to be pollutants emitted by the proposed
The Orlando Project would be 0.8% of its corresponding guideline facilities, including carbon monoxide,
confined to the existing Stanton Energy value, and the maximum ambient 24- VOCs, and particulate matter.
Center site and thus would not directly hour concentration of beryllium from Approximately 25% less CO2 would
affect offsite land use. The 1,100-acre the stack is predicted to be 0.4% of its be produced per unit of power
developed portion of the power plant guideline value. These results indicate generated compared to typical emission
site is already zoned specifically for that mercury and beryllium emissions rates at existing, conventional coal-fired
power generation through the site from the proposed facilities alone or in power plants. However, there would be
certification process under the Florida combination with other sources would a net increase in global emissions of
Electrical Power Plant Siting Act. The pose no threat to human health in the CO2. For this project, mitigation, such as
tallest new structures would be the 205- area. Any potential odors would be capture and sequestration, is not
ft heat recovery steam generator (HRSG) limited to the immediate site area and feasible because the planned sulfur
stack, the 174-ft structure to house the would not affect offsite areas. Increases removal technology would not generate
gasifier, and the 114-ft HRSG. These in CO2 emissions from the proposed a concentrated CO2 stream. However,
structures would be shorter than the facilities would add 1.8 million tons per even if the facilities were to generate a
existing two 550-ft stacks serving two year to an estimated global emission of concentrated CO2 stream, the nearest
boiler buildings. Aesthetic impacts 26,000 million tons per year. location amenable to CO2 sequestration
would be reduced because the facilities The proposed project would options that have been demonstrated at
would be located between existing significantly reduce additional SO2, the scale needed (i.e., enhanced oil
facilities, appearing as part of the site. NOX, mercury, and particulate recovery) would be hundreds of miles
Under the no-action alternative, emissions by removing constituents away. The feasibility and effectiveness
offsite land use would be the same, but from the synthesis gas. The removal of of other sequestration options, such as
because the 174-ft structure to house the approximately 80% of the fuel-bound injection into saline formations, are not
gasifier would not be required, aesthetic nitrogen from the synthesis gas prior to promising for this area and have not
impacts would be less than those combustion in the gas turbine would been fully characterized. Sequestration
predicted under the proposed action. result in appreciably lower NOX options for all regions of the country are
emissions compared to existing, still under investigation in DOE’s
Air Resources Carbon Sequestration Program. A
conventional coal-fired power plants.
Modeling results based on emissions The project is expected to remove up to program goal is to initiate at least one
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from the Orlando Project predicted that 95% of sulfur and over 90% of mercury large-scale demonstration, at the scale
maximum concentrations would be less emissions. Over 99.9% of particulate required for a power plant, in 2009 to
than their corresponding ‘‘significant emissions would be removed. demonstrate the appropriateness for CO2
impact levels.’’ (Under EPA guidelines, During operation, a number of means injectivity and validate storage capacity
if maximum predicted concentrations would be employed to reduce emissions estimates and permanence.

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Under the no-action alternative, Certification would ensure continued brushland. To mitigate impacts to the
emissions of air pollutants would be monitoring of groundwater withdrawal wetland area, OUC would purchase
less than those predicted for the new rates from the Upper Floridan aquifer. credits at a local mitigation bank. The
facilities. Also, because the flare would In the unlikely event of a fuel spill or total number of acres required to
not be required, no occasional emissions other release, assessment and recovery mitigate the wetlands impacts would be
from a flare would occur. would be conducted in accordance with determined after deliberations between
Florida Department of Environmental the Florida Department of
Water Resources
Protection requirements. Environmental Protection, the St. John’s
Because construction would occur in Runoff during construction and River Water Management District, and
developed site areas where surface operation, as well as all effluents from the Army Corps of Engineers.
water runoff is directed to onsite operation, would flow through the Under the no-action alternative, no
stormwater retention ponds and is used existing Stanton Energy Center floodplains would be affected and,
in the facilities, no impacts to natural collection and reuse system. No offsite because the new transmission line
surface waters would be experienced, discharges would occur, except during a would still be required, the same
except in the unlikely event of a major major storm event. Site-specific Best alteration of wetland and other
storm that caused overflow of the site Management Practices to prevent the vegetation communities within the
stormwater collection system. deposition of sediments beyond the transmission corridor would be
Transmission line construction outside construction areas would include silt experienced.
the main plant area could result in soil fences, hay bales, vegetative covers, and
erosion and sediment deposition to Ecological Resources
diversions, to reduce impacts to surface
streams, but best management practices water. No process wastewater would be The land where the Orlando Project
described below would minimize directly discharged to any surface would be constructed is not important
erosion and sedimentation. Impacts waters, but would be reused. habitat for wildlife, and no areas of
from lowering the water table during Under the no-action alternative, ecological sensitivity would be affected
dewatering would be inconsequential. cooling water requirements would be directly. Wildlife species would be
Because operation of the facilities about 20% less than under the proposed affected by construction activities and
would not withdraw surface water or action. Releases to wetlands resultant loss of habitat in the
discharge liquid effluent, surface waters downstream from the Orange County transmission corridor. Smaller less
would experience no direct impacts. Eastern Water Reclamation Facility and mobile animals would be at greatest
The Stanton Energy Center’s use of from the wetlands to the risk, whereas larger more mobile
reclaimed water would increase by an Econlockhatchee River would be animals would likely move from the
average of 2.1 million gallons per day reduced by 20%, and use of disturbed areas and increase
(from 10.2 million to about 12.3 million groundwater would be the same as surrounding habitat use. No Federally-
gallons per day), thus reducing by a under the proposed action. listed threatened or endangered plant
similar amount the water volume species are known to occur within the
discharged to the wetlands downstream Floodplains and Wetlands
immediate vicinity of the main
from the Eastern Water Reclamation No floodplains would be affected by proposed facilities or the transmission
Facility and from those wetlands to the the Orlando Project because no corridor. Five plant species protected by
Econlockhatchee River. Because this construction would occur within a the Florida Department of Agriculture
surface water is not used, reduced flow floodplain. During construction, and Consumer Services are known to
would not affect water users. Water wetland and other vegetation occur along or in the vicinity of the
quality in the river could be affected if communities within the transmission transmission corridor. Clearing and
reduced streamflow also reduced the corridor would be altered. Because tall- maintenance activities on the right-of-
river’s capacity to dilute contamination growing vegetation would be cut and way would be expected to destroy some
discharged from other parts of the kept at a height low enough to prevent individual plants, but populations
watershed, however any such effects interference with the conductors, forest would persist in undisturbed areas.
would be temporary. Increased cover habitats would be reduced and Other than transient or incidental use by
groundwater withdrawals would not shrub or other low-growing vegetation some wildlife species, no federally-
produce discernible impacts. Facility would eventually dominate the corridor. listed threatened or endangered animal
operation could add localized Construction of the transmission line species are found within the previously
contamination to shallow groundwater would require submittal of a joint (1) cleared 1,100 acres. Except for the five
from the possible placement of Army Corps of Engineers Section 404 protected plants, no direct impacts are
additional waste in the onsite ash dredge-and-fill wetlands application expected to listed species from
landfill. Because any contamination and (2) Florida Department of proposed construction and operations.
would be limited to the shallow aquifer Environmental Protection The site contains no appreciable natural
and any contaminated groundwater environmental resource permit. This aquatic resources.
would be designed to discharge to permitting process would also require Impacts under the no-action
onsite stormwater collection systems, OUC to commit to a mitigation plan for alternative would be the same as for the
impacts to water users are unlikely. any unavoidable wetland impacts. The proposed facilities.
The new coal pile would be lined and net effect of clearing and maintaining
leachate collected to prevent the 3.95 acres of wetland habitat for the Social and Economic Resources
introduction of pollutants into transmission line would be (1) Loss of Construction and operation of the
groundwater. Use of treated wastewater 1.04 acres of wetland due to fill and (2) Orlando Project would not result in
effluent and other reclaimed water for modification of vegetation in wetlands major impacts to population, housing,
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cooling water makeup would minimize in the remainder of the corridor due to local government revenues, or most
the withdrawal and consumption of right-of-way maintenance. This would public services in Orange County.
Floridan aquifer groundwater. shift, to a small extent, the balance of However, because the county’s public
Measurement programs specified in the wildlife habitat in the area away from schools are already above capacity, even
Stanton Energy Center Conditions of wetland and forest toward shrub and the small increase in the number of

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17148 Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Notices

students as a consequence of the new operational SO2, NOX, and particulate peak construction period. Also,
facilities would contribute to matter emissions from the new facilities. Southern Company and OUC have
overcrowding. Overall, construction and With regard to health effects of committed to a number of measures that
operation of the proposed facilities hazardous air pollutants, the Orlando would mitigate these potential traffic
would have positive effects on Project would pose less risk than most impacts. A construction traffic impact
employment and income in the region. existing plants, many of which were mitigation program, which is required
The relatively large minority built decades ago. A health risk analysis by the Stanton Energy Center
populations in and around the census of hazardous air pollutants from the Conditions of Certification, would be
tract in which the Stanton Energy proposed facilities estimated that developed and implemented. Such a
Center is located (Census Tract 167.22) concentrations of all hazardous air program could include encouraging
represent ‘‘environmental justice’’ pollutants would be below the threshold construction workers to carpool;
populations to which adverse impacts concentrations (below harmful levels). working with the local mass-transit
could be distributed disproportionately. A catastrophic accident (e.g., a system to provide workers with a park-
However, impacts to land use and significant hazardous material release, and-ride service to the site; using the
aesthetics would not be significant for fire, or explosion) associated with the existing railway access to the Stanton
the population as a whole and would facilities, including transportation of Energy Center site for the delivery of
not contribute to disproportionately anhydrous ammonia off the site, would some construction equipment and
high and adverse impacts. Likewise, be unlikely. materials; staggering construction work
with regard to health effects and noise, Southern Company and OUC would schedules and shifts to avoid peak
there would be no significant adverse add project specific health and safety- traffic hours; and working with the
impacts to the population as a whole, related plans to those already in place Florida Department of Transportation to
and no disproportionately high and for existing Stanton Energy Center units provide temporary traffic control
adverse effects would be experienced. to prevent or minimize potential devices and alter signal times to assist
Under the no-action alternative, the adverse impacts. These measures would in maintaining proper traffic flow. If the
peak and average construction work include appropriate training and Avalon Park Boulevard extension
force would be reduced, and the supervision of employees and project is completed prior to project
construction period would be cut from enforcement of workplace safety construction, traffic issues would
28 months to 24 months. Fewer policies. largely be mitigated and more modest
operational workers would be required Southern Company and OUC would mitigation could be considered.
(21 rather than 72). Positive economic develop and implement a safety However, DOE acknowledges that these
benefits would also be less. program for the chlorine and ammonia mitigation steps would not completely
Waste Management systems that would include emergency eliminate traffic impacts.
response measures as well as specify Noise related to transportation would
The Orange County Sanitary Landfill training protocols. not be expected to be significant. At the
would have ample capacity to receive Excess ammonia generated at the nearest residence, noise levels from
project construction wastes. Ash proposed facilities would be handled truck traffic on Alafaya Trail would be
generated by the Orlando Project is and transported according to the at about the same level as that of a quiet
being evaluated for several possible Department of Transportation’s subdivision during daylight hours.
beneficial uses that could avoid disposal hazardous materials regulations. Noise levels from current rail traffic
in the onsite landfill. If no beneficial use Because emissions of air pollutants have not caused any public complaints.
is found, the 347-acre dedicated landfill would be less under the no-action Increased rail traffic due to the proposed
would provide more than enough space alternative, adverse impacts to human project would result in more frequent
to dispose of this ash, as well as other health would be less. noise from rail traffic, but the noise
coal combustion wastes generated by levels would be the same.
the Stanton Energy Center. The existing Noise
Traffic congestion would be less
generating units would use the During operation of the proposed under the no-action alternative. No
anhydrous ammonia produced by the facilities, the predicted noise level at the additional trains would be needed to
new facilities to satisfy their nearest residence (about 6,500 ft to the deliver coal, but trucks would continue
requirements, and any excess would be northeast) would be 46.5 dBA. No to deliver anhydrous ammonia to the
sold commercially. If the elemental adverse community reaction would be site once per week. Noise levels
sulfur generated by the facilities proves expected as a result of noise levels associated with transportation would be
to be as pure as it is projected to be, it below 50 dBA. Noise from infrequent the same as for the new facilities but
would be sold commercially. Otherwise, steam blows would attenuate to a level would be less frequent.
it would be placed in the onsite landfill. of about 66 dBA at the nearest property
Elemental sulfur would not be a boundary and 60 dBA at the nearest Environmentally Preferred Alternative
hazardous waste, and the quantity residence. A level of 60 dBA would be The no-action alternative is
produced would be small in comparison typical of normal conversation. environmentally preferable because it
with the total capacity of the landfill. Noise would be essentially the same would result in slightly less impacts
Under the no-action alternative, the under the no-action alternative. than those predicted for the proposed
quantities of construction wastes would action.
Transportation
be slightly less. Also, because no ash
Much of the work on planned road Comments Received on the Final EIS
would be generated, no disposal sites
would be needed to accommodate ash. projects could coincide with The only comments that DOE
No anhydrous ammonia or elemental construction and operation of the new received on the final EIS were from the
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sulfur would be produced. facilities, creating a major cumulative U.S. Environmental Protection Agency
impact to traffic flow on the local road (EPA), Region 4, NEPA Program Office.
Human Health and Safety network. This impact would be reduced EPA stated that the final EIS was
Minimal adverse impacts to human if the Avalon Park Boulevard extension responsive to their comments on the
health would be expected from is completed in mid-2008 before the draft EIS, but observed that direct,

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Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Notices 17149

indirect, and cumulative impacts are market-based rate authority, with an on the Commission’s Web site under the
inherent in projects that generate power. accompanying rate tariff. The proposed ‘‘e-Filing’’ link. The Commission
Therefore, EPA stated that verification market-based rate tariff provides for the strongly encourages electronic filings.
of the impacts on air quality, wetlands, sale of energy, capacity and ancillary
Philis J. Posey,
hazardous waste, and cumulative services at market-based rates.
impacts will need to take place as the Brookfield also requested waivers of Acting Secretary.
project progresses, with appropriate various Commission regulations. In [FR Doc. E7–6439 Filed 4–5–07; 8:45 am]
avoidance and mitigation measures particular, Brookfield requested that the BILLING CODE 6717–01–P
implemented. DOE anticipated verifying Commission grant blanket approval
impacts through an environmental under 18 CFR Part 34 of all future
monitoring plan. This plan will be issuances of securities and assumptions DEPARTMENT OF ENERGY
developed as part of the cooperative of liability by Brookfield.
On March 30, 2007, pursuant to Federal Energy Regulatory
agreement with Southern Company, and Commission
reports on monitoring activities will be delegated authority, the Director,
included in the reports required under Division of Tariffs and Market
the cooperative agreement. Development—West, granted the [Docket No. ER07–589–000]
EPA also expressed appreciation of requests for blanket approval under Part
34. The Director’s order also stated that Citigroup Energy Canada ULC; Notice
DOE’s consideration of diesel retrofit
the Commission would publish a of Issuance of Order
technology to minimize emissions from
construction equipment. As stated in separate notice in the Federal Register April 2, 2007.
the final EIS, specification of the use of establishing a period of time for the Citigroup Energy Canada ULC (CECU)
diesel retrofit technologies is not filing of protests. Accordingly, any
filed an application for market-based
warranted since impacts from diesel person desiring to be heard or to protest
rate authority, with an accompanying
engines during construction are not the blanket approvals of issuances of
rate schedule. The proposed market-
expected to be a concern. However, DOE securities or assumptions of liability by
based rate schedule provides for the sale
will encourage Southern Company to Brookfield should file a motion to
of energy, capacity and ancillary
consider the use of biodiesel and diesel intervene or protest with the Federal
services at market-based rates. CECU
retrofit technologies during construction Energy Regulatory Commission, 888
also requested waivers of various
activities to further reduce impacts. First Street, NE., Washington, DC 20426,
Commission regulations. In particular,
in accordance with Rules 211 and 214
Decision CECU requested that the Commission
of the Commission’s Rules of Practice
and Procedure. 18 CFR 385.211, 385.214 grant blanket approval under 18 CFR
DOE will implement the proposed Part 34 of all future issuances of
action, providing, through a cooperative (2004).
Notice is hereby given that the securities and assumptions of liability
agreement with Southern Company, a by CECU.
total of $235 million in cost-shared deadline for filing motions to intervene
or protest is April 30, 2007. On March 30, 2007, pursuant to
funding to design, construct, and delegated authority, the Director,
Absent a request to be heard in
demonstrate the Orlando Gasification Division of Tariffs and Market
opposition by the deadline above,
Project. Development—West, granted the
Brookfield is authorized to issue
DOE’s decision was made upon requests for blanket approval under Part
securities and assume obligations or
careful review of the potential 34. The Director’s order also stated that
liabilities as a guarantor, indorser,
environmental impacts, presented in the the Commission would publish a
surety, or otherwise in respect of any
EIS, and incorporates all practicable separate notice in the Federal Register
security of another person; provided
means to avoid or minimize establishing a period of time for the
that such issuance or assumption is for
environmental harm. DOE plans to filing of protests. Accordingly, any
some lawful object within the corporate
verify the environmental impacts person desiring to be heard or to protest
purposes of Brookfield, compatible with
predicted in the EIS and the the blanket approvals of issuances of
the public interest, and is reasonably
implementation of appropriate securities or assumptions of liability by
necessary or appropriate for such
avoidance and mitigation measures. CECU should file a motion to intervene
purposes.
Issued in Washington, DC on this 28th day The Commission reserves the right to or protest with the Federal Energy
of March 2007. require a further showing that neither Regulatory Commission, 888 First
James A. Slutz, public nor private interests will be Street, NE., Washington, DC 20426, in
Acting Assistant Secretary for Fossil Energy. adversely affected by continued accordance with Rules 211 and 214 of
[FR Doc. E7–6435 Filed 4–5–07; 8:45 am] approvals of Brookfield’s issuance of the Commission’s Rules of Practice and
BILLING CODE 6450–01–P securities or assumptions of liability. Procedure. 18 CFR 385.211, 385.214
Copies of the full text of the Director’s (2004).
Order are available from the Notice is hereby given that the
DEPARTMENT OF ENERGY Commission’s Public Reference Room, deadline for filing motions to intervene
888 First Street, NE., Washington, DC or protest is April 30, 2007.
Federal Energy Regulatory 20426. The Order may also be viewed Absent a request to be heard in
Commission on the Commission’s Web site at opposition by the deadline above, CECU
http://www.ferc.gov, using the eLibrary is authorized to issue securities and
[Docket No. ER07–528–000]
link. Enter the docket number excluding assume obligations or liabilities as a
the last three digits in the docket guarantor, indorser, surety, or otherwise
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Brookfield Energy Marketing U.S. LLC;


Notice of Issuance of Order number filed to access the document. in respect of any security of another
Comments, protests, and interventions person; provided that such issuance or
April 2, 2007. may be filed electronically via the assumption is for some lawful object
Brookfield Energy Marketing U.S. LLC internet in lieu of paper. See, 18 CFR within the corporate purposes of CECU,
(Brookfield) filed an application for 385.2001(a)(1)(iii) and the instructions compatible with the public interest, and

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