Monday, July 20, 2009

Environmental Federal Register, Vol. 74, No. 137, July 20, 2009

Federal Register
Vol. 74, No. 137
Monday, July 20, 2009
Note: There were no nationally applicable announcements from U.S. EPA today.
There are 2 announcements in this issue
    1. ENERGY/Coal - ROD. DOE. Record of Decision, FutureGen Project
    2. ENERGY/Renewable - ND. DOI/Minerals Management Service. Applications for Renewable Energy Leases and Grants and Alternate Use Grants on the Outer Continental Shelf

ISSUE CODES:  AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES  - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT -  Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.


Subject: ENERGY/Coal - ROD. DOE. Record of Decision, FutureGen Project
[Federal Register: July 20, 2009 (Volume 74, Number 137)]
[Page 35174-35185]

Record of Decision, FutureGen Project

AGENCY: Department of Energy.

ACTION: Record of decision.


SUMMARY: The U.S. Department of Energy (DOE) prepared an Environmental
Impact Statement (EIS) (DOE/EIS-0394) to assess the potential
environmental impacts associated with the proposed action of providing
Federal financial assistance to the FutureGen Industrial Alliance, Inc.
(Alliance) for the FutureGen Project. The Alliance, which is a non-
profit industrial consortium led by the coal-fueled electric power
industry and the coal production industry, intends to plan, design,
construct and operate a coal-fueled electric power plant that will be
integrated with capture and geologic sequestration of the by-product
carbon dioxide (CO2). Based on DOE's review and
consideration of relevant factors, including potential environmental
consequences associated with the proposed Project at four alternative
sites, and subject to future technical, cost, business and
environmental decision points, DOE has decided to proceed with
financial assistance for the FutureGen Project. All practicable means
to avoid or minimize environmental harms have been adopted.
    During June 2008, DOE discontinued support for the Project allowing
its cooperative agreement with the Alliance to expire without
continuation or renewal. More recently, DOE reassessed that decision
and reached an agreement with the Alliance to complete a preliminary
design, a revised cost estimate and a funding plan pursuant to a new
eight- to ten-month limited-scope cooperative agreement valued at
approximately $17.5 million. Prior to the expiration of this
cooperative agreement, DOE and the Alliance will make a mutual decision
on whether to move forward into the subsequent phases.
    Federal financial assistance for the subsequent phases (i.e.,
detailed design, construction and operations) would occur under the
terms of a new full-scope cooperative agreement to be negotiated
between DOE and the Alliance sometime during early 2010. As of early
2007, the project cost estimate was approximately $1.7 billion (in as
spent dollars), based on a conceptual design and generic cost data. DOE
and the Alliance recognize that the costs may be as much as $700
million higher and will use the new limited-scope cooperative agreement
to explore cost reduction options and refine the estimate. If the
Project continues, DOE anticipates committing $1 billion in funds under
the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) plus
remaining funds from prior year annual appropriations. The balance of
project funding is expected to come from (1) the Alliance ($400 to 600
million), (2) revenues from sales of electricity, and (3) other funding
sources to be identified in the project funding plan.
    The FutureGen Project includes the planning, design, construction
and operation by the Alliance of a coal-fueled electric power plant
that features sub-systems for capture and geologic sequestration of the
by-product carbon dioxide (CO2) fully integrated into the
power generation system. Electricity will be generated using an
integrated gasification combined-cycle (IGCC) system sized for a
nominal 275-megawatt (MW) output. The plant will be designed for at
least 90 percent CO2 capture but may be operated in the
early years at 60 percent capture to validate plant integration and
sequestration capability before increasing the capture rate to 90
percent by the third year of operation. The plant will compress the
captured CO2 and pipe the captured CO2 to one or
more injection wells, where the CO2 will be injected into
saline reservoirs located thousands of feet beneath the land surface.
The plant will also be designed to reduce air emissions of nitrogen
oxides, sulfur oxides, mercury, and particulates to very low levels.
The Project will include an option for a research platform to support
development of technologies for future power plants that capture and
sequester CO2.
    DOE considered four sites as reasonable alternatives: (1) Mattoon,
Illinois; (2) Tuscola, Illinois; (3) Jewett, Texas; and (4) Odessa,
Texas. After careful consideration of the potential environmental
impacts of the proposed project at each of the four alternative sites,
along with consideration of program goals and objectives in accordance
with its obligations under the National Environmental Policy Act
(NEPA), DOE has decided to provide financial assistance to the Alliance
to implement the FutureGen Project at any one of the four alternative
sites. In addition, DOE considered potential mitigation opportunities
in the EIS, and several mitigation requirements are specified in this
Record of Decision (ROD). Floodplain and wetland environmental review
requirements (10 CFR Part 1022) were incorporated into the EIS and NEPA
process. This ROD briefly describes mitigation steps to be taken.
    DOE issued the Final EIS on November 9, 2007, and the U.S.
Environmental Protection Agency's (EPA) Notice of Availability of the
EIS was published in the Federal Register on November 16, 2007 (72 FR
64619 (2007)). The cooperative agreement in effect at that time gave
the Alliance the right to select the site after DOE issued a ROD. The
Alliance announced their preference for the Mattoon site in December
2007. Therefore, DOE acknowledges that the Alliance intends to formally
select Mattoon after issuance of this ROD. Since December 2007, the
Alliance has acquired property at the Mattoon site (without using
Federal funds) and has continued to conduct preliminary design work.

ADDRESSES: The Final EIS is available on the DOE NEPA Web site at: and on the DOE
National Energy Technology Laboratory Web site at: http://
. This ROD also is
available on the same Web sites. Copies of the Final EIS and this ROD
may be obtained from Mr. Mark L. McKoy, Environmental Manager, U.S.
Department of Energy, National Energy Technology Laboratory, P.O. Box
880, Morgantown, WV 26507-0880, ATTN: FutureGen Project EIS; telephone:
304-285-4426; toll-free number: 1-800-432-8330 (ext 4426); fax: 304-
285-4403; or e-mail:

FOR FURTHER INFORMATION CONTACT: To obtain additional information about
this project, the EIS or the ROD, contact Mr. Mark. L. McKoy by the
means specified above under ADDRESSES. For general information on the
DOE NEPA process, contact Ms. Carol M. Borgstrom, Director, Office of
NEPA Policy and Compliance (GC-20), U.S. Department of Energy, 1000
Independence Avenue, SW., Washington, DC 20585; telephone: 202-586-
4600; fax: 202-586-7031; or leave a toll-free message at: 1-800-472-


Subject: ENERGY/Renewable - ND. DOI/Minerals Management Service. Applications for Renewable Energy Leases and Grants and Alternate Use Grants on the Outer Continental Shelf

Applications for Renewable Energy Leases and Grants and Alternate
Use Grants on the Outer Continental Shelf

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice.


SUMMARY: This notice provides office addresses for filing applications
for renewable energy leases and grants on the Outer Continental Shelf.

FOR FURTHER INFORMATION CONTACT: Maureen A. Bornholdt, Program Manager,
Office of Offshore Alternative Energy Programs, 703-787-1300.

    On April 22, 2009, President Obama announced that the Department of
the Interior finalized the framework for renewable energy production on
the Outer Continental Shelf (OCS). A final rule, published in the
Federal Register on April 29, 2009 (74 FR 19638), established a program
to grant leases, rights-of-use and easements (RUEs), and rights-of-way
(ROWs) for orderly, safe, and environmentally responsible renewable
energy activities, such as the siting and construction of offshore wind
farms, on the OCS. . .