[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Proposed Rules]
[Pages 8444-8446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02393]
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1710
Energy Efficiency and Conservation Loan Program Programmatic
Environmental Assessment
AGENCY: Rural Utilities Service, USDA.
ACTION: Notice of availability of a Programmatic Environmental
Assessment.
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SUMMARY: The U.S. Department of Agriculture, Rural Utilities Service
(RUS), has prepared a Programmatic Environmental Assessment (PEA) for a
new program that will implement the Energy Efficiency and Conservation
Loan Program (EE). The PEA is available for a 30-day public review and
comment period. Subsequent to the comment period RUS plans to issue a
finding of no significant impact.
DATES: Written comments on this Notice must be received on or before
March 8, 2013.
FOR FURTHER INFORMATION CONTACT: Deirdre M. Remley, Environmental
Protection Specialist, RUS, Water and Environmental Programs,
Engineering and Environmental Staff, 1400 Independence Avenue SW, Stop
1571, Washington, DC 20250-1571, Telephone: (202) 720-9640 or email:
deirdre.remley@wdc.usda.gov . The PEA is available online at http://www.rurdev.usda.gov/UWP-ea.htm or you may contact Ms. Remley for a hard
copy.
SUPPLEMENTARY INFORMATION: On May 22, 2008, the U.S. Congress enacted
the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) as
Public Law 110-234. The 2008 Farm Bill amended Section 12 to authorize
energy audits and energy efficiency measures and devices to reduce
demand on electric systems. Section 6101 of the 2008 Farm Bill amended
Sections 2(a) and 4 of the Rural Electrification Act (RE Act) by
inserting ``efficiency and'' before ``conservation'' each place it
appears. Under the authority of the ``efficiency'' provisions added to
the RE Act by the 2008 Farm Bill, RUS proposes to amend 7 CFR part 1710
by adding a new subpart H entitled ``Energy Efficiency and Conservation
Loan Program,'' which expands upon policies and procedures specific to
loans for a new Energy Efficiency and Conservation Loan program. The
program would provide loans to eligible rural utility providers
(Primary Recipients) who would act as intermediaries to make Energy
Efficiency (EE) loans to consumers in the Primary Recipients' service
territories (Ultimate Recipients) for EE improvements at the Ultimate
Recipients' premises.
This program is funded through existing authorizations and
appropriations. RUS expects that $250 million per year will be
dedicated to the EE program. On July 26, 2012, RUS published a proposed
rulemaking in the Federal Register at 77 FR 43723, with a 60-day
comment period, for the subpart H of 7 CFR part 1710, which would
implement the EE program. The final rule will outline the procedures
for providing loans to eligible Primary Recipients who will establish
EE activities in their service territories and to pay reasonable
administrative expenses associated with their loans under the program.
The proposed rule defines an ``Eligible Borrower'' (Primary Recipient)
as an electric utility that has direct or indirect responsibility for
providing retail electric service to persons in a rural area.
Certain financing actions taken by RUS are Federal actions subject
to compliance with the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321 et seq.), the Council on Environmental Quality (CEQ)
regulations implementing the procedural provisions of NEPA (40 CFR
parts 1500-1508), and RUS ``Environmental Policies and Procedures'' (7
CFR part 1794). There are two Federal actions under the new EE program
being considered in this PEA: (1) Loans awarded by RUS to Primary
Recipients, and (2) loans and other EE activities that the Primary
Recipient executes for the benefit of Ultimate Recipients.
The levels of environmental review for RUS actions are classified
in 7 CFR part 1794, subpart C, Classification of Proposals. Both agency
actions for the EE program are classified in Sec. 1794.22(b)(1) (loan
approvals) as categorically excluded proposals requiring an
Environmental Report (ER). Due to the limited scope and magnitude of
most EE loan activities, RUS finds that a programmatic environmental
analysis of the new EE program will reduce paperwork, duplication of
effort, and promote a more efficient decision-making process for
program implementation. RUS reserves the right to update this
programmatic analysis to take additional information into account or
develop particular elements of the analysis more fully as may be
warranted in individual circumstances.
In summary, RUS has determined that the implementation of the EE
program would not significantly affect the human or natural
environment.
[[Page 8445]]
However, to minimize any potential for adverse effects to specific
environmental resources, Primary Recipients will be required to comply
with the following mitigation measures. These mitigation measures will
be incorporated in Primary Recipients' EE program work plans and loan
documents.
1. Land Use/Formally Designated Lands
RUS would provide guidance to Primary Recipients as part of the
Environmental Compliance Tool Kit informing Primary Recipients of their
obligations to coordinate with Federal, state and local agencies for
approval of any activities that may occur on lands for which these
agencies may have jurisdiction.
2. Indian Trust Resources
To ensure that RUS takes into consideration tribal concerns about
EE program activities and to maintain the government-to-government
relationship between RUS and tribal sovereign nations, RUS will provide
guidance to Primary Recipients as part of the Environmental Compliance
Tool Kit for implementing activities on Indian lands. If necessary,
mitigation measures for effects to tribal trust resources will be
developed and implemented on a case-by-case basis.
3. Floodplains
No mitigation measures or further review of floodplain impacts is
required if the EE activity is: (1) Restricted to the footprint of
existing structures, or (2) not restricted to the footprint of existing
structures, but a review of floodplain maps shows that the Ultimate
Recipient's premise is not within a floodplain. In accordance with
Rural Development Instruction 426.2 II.C., and under the authority of
the National Flood Insurance Protection Act of 1968 as amended by the
Flood Disaster Protection Act of 1973, RUS is prohibited from providing
assistance to communities that do not participate in the National Flood
Insurance Program (NFIP) administered by the Federal Emergency
Management Agency. Therefore, if a proposed EE activity does not meet
either of the two exceptions listed above, and if a proposed structure
cannot be placed outside a floodplain, the Ultimate Recipient must
obtain flood insurance, if the structure is insurable.
4. Wetlands
No mitigation measures or further review of wetlands impacts is
required if the EE activity is: (1) Restricted to the footprint of the
existing structures or area of previous disturbance, or (2) not
restricted to the footprint of existing structures or area of previous
disturbance, but a review of National Resources Conservation Service
(NRCS) soils maps shows that the Ultimate Recipient's premises is not
within a hydric soil unit which is one of the three positive indicators
of identifying wetlands (USACE Wetlands Delineation Manual, 1987).
EE program activities that involve new construction of facilities
outside the footprint of existing structures or areas of previous
disturbance will require a review of NRCS soil maps, and the
Environmental Compliance Tool Kit would provide guidance on using NRCS
soils data and on interpreting U.S. Army Corps of Engineers (USACE)
requirements for wetlands. The tool kit will also provide guidance on
whether an existing Nationwide Permit may apply to the action, or if
hydric soils are present at a proposed project site and cannot be
avoided. If wetlands are potentially affected and if the proposed
action is under the jurisdiction and is authorized under the general
conditions of a USACE Nationwide Permit(s), the tool kit would also
provide a template Preconstruction Notice for a Primary or Ultimate
Recipient to prepare and send to the District Engineer, USACE having
jurisdiction over the proposed project area.
5. Coastal Barrier Resources
The Coastal Barrier Resources Act of 1982 designated units of the
Coastal Barrier Resources System (CBRS) and created restrictions on
most new Federal expenditures and financial assistance in these units
to prevent Federal actions that may encourage development on barrier
islands. If a Primary Recipient has reason to believe that any of its
Ultimate Recipients may have premises in a unit of the CBRS, they will
coordinate with RUS to consult with the U.S. Fish and Wildlife System
(USFWS). RUS must receive written approval from the USFWS before any
proposed action within a unit of the CBRS can be taken.
6. Species of Concern
To mitigate the potential for a ``take'' under the Endangered
Species Act or the Migratory Bird Treaty Act, the Environmental
Compliance Tool Kit would provide guidance on identifying potential
impacts to special status species that could result from EE program
activities. The tool kit would provide instructions on how to find
site-specific information for a given activity and how and when to
consult with the USFWS.
7. Health and Safety
To mitigate the potential for exposure to lead paint, work that may
disturb painted surfaces in pre-1978 structures would be performed by a
contractor with the appropriate lead certification. To mitigate the
potential for exposure to asbestos, field personnel planning EE program
activities at Ultimate Recipients' premises would be trained to
identify asbestos. If asbestos is found and if there is potential for
it to be disturbed by a given activity, the asbestos must be removed by
an asbestos remediation professional prior to the start of work on the
project.
8. Historic Properties
To meet responsibilities under Section 106 of the NHPA and its
implementing regulation (36 CFR Part 800) for the EE program and its
activities, RUS is pursuing the development of a program alternative in
accordance with 36 CFR 800.14. In August 2012, RUS invited the ACHP,
State Historic Preservation Officers (SHPO), Indian tribes, and
selected industry and tribal organizations to participate in
consultation to develop this program alternative. With the invitation,
RUS included a Conceptual Outline which described the EE Program and
the challenges it presents for Section 106 review, and provided an
analysis that concluded that a nationwide Programmatic Agreement (PA)
developed pursuant to 36 CFR 800.14(b) to be the program alternative
appropriate for the EE Program. The objective of the program
alternative is to streamline Section 106 review, focusing Federal,
state and tribal resources where they are most needed. On August 23 and
24, 2012, RUS hosted a series of webinars for SHPOs and Indian tribes,
respectively, to discuss and solicit their comments on a nationwide PA,
as the appropriate program alternative, and topical areas it might
address.
While explicit terms of a nationwide PA have not yet been drafted,
RUS recognizes, as presented in the Conceptual Outline, that any
proposed program alternative must establish programmatic exemptions or
thresholds for EE program activities that have little or no potential
to cause effects to historic properties and standard methods for the EE
Program to treat defined categories of historic properties, activities,
and effects.
As part of the Environmental Compliance Tool Kit, RUS will develop
a specialized toolkit for Section 106 requirements that will be part of
the loan commitment documentation which RUS provides to Primary
Recipients.
[[Page 8446]]
RUS will require Primary Recipients to evaluate each action taken with
an Ultimate Recipient to ensure consistency with the terms of the
executed program alternative.
Primary Recipients will be responsible for documenting activities
that fall below the established threshold. RUS will review the Primary
Recipient's documentation of actions that fall below the threshold
prior to providing reimbursement with Federal funds.
Any EE Program activity for which exemptions and standard
treatments are not applicable would be subject to Section 106 review
under procedures established by the PA or other program alternative.
Therefore, the program alternative must define a clear threshold for
RUS involvement in Section 106 review.
Although few in number, the comments on the Conceptual Outline
received thus far have been supportive of the development of a
nationwide PA, the need for streamlining, especially given the large
number of reviews expected to be generated by EE Program activities,
and the approach reflected in the Conceptual Outline. Based on these
comments, RUS is proceeding with development of the first draft of the
nationwide PA. The program alternative will be executed prior to RUS
issuing a finding of no significant impact (FONSI). Both the FONSI and
documents related to the program alternative will be made available to
the public on RUS's Web site at http://www.rurdev.usda.gov/UWP-ea.htm.
Dated: January 29, 2013.
Nivin Elgohary,
Assistant Administrator, Electric Programs, USDA, Rural Utilities
Service.
[FR Doc. 2013-02393 Filed 2-5-13; 8:45 am]
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