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Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices                                                    17397

                                               will meet to review, develop and                        competitive process under the Clean                   under what circumstances it would
                                               provide recommendations on all aspects                  Coal Power Initiative (CCPI) program.                 provide financial assistance to the
                                               of the academic and administrative                        The project proposed by HECA would                  project. There are a number of state and
                                               policies of the University; examine all                 demonstrate Integrated Gasification                   federal agencies that do have regulatory
                                               aspects of professional military                        Combined Cycle (IGCC) technology with                 authority over the project; one of them
                                               education operations; and provide such                  carbon capture in a new baseload                      is the California Energy Commission
                                               oversight and advice, as is necessary, to               electric generating plant in Kern                     (CEC), which is responsible for power
                                               facilitate high educational standards                   County, California. The plant would use               plant licensing under the Warren-
                                               and cost effective operations. The Board                blends of coal and petroleum coke                     Alquist Act (Cal. Pub. Res. Code section
                                               will be focusing primarily on the                       (petcoke) or petcoke alone as its                     25500 et seq.). This licensing process,
                                               internal procedures of the Marine Corps                 feedstock, and would demonstrate                      which will consider all relevant
                                               University. All sessions of the meeting                 carbon capture and sequestration on a                 environmental aspects of HECA’s
                                               will be open to the public.                             commercial scale.                                     proposed project and related facilities,
                                               DATES: The meeting will be held on
                                                                                                         The HECA project would gasify the                   is defined by California law, and under
                                               Friday, April 30, 2010, from 8 a.m. to                  coal and petcoke to produce synthesis                 state law is certified as fulfilling the
                                               4:30 p.m.                                               gas (syngas), which would then be                     requirements of the California
                                                                                                       processed and purified to produce a                   Environmental Quality Act (CEQA; Cal.
                                               ADDRESSES: The meeting will be held at
                                                                                                       hydrogen-rich fuel. The hydrogen                      Pub. Res. Code section 21000 et seq.).
                                               Marine Corps University President’s                     would be used to power a combustion
                                               Conference Room (Hooper Room). The                                                                            Under this certified process, CEC holds
                                                                                                       turbine, generating electricity while                 public hearings, makes a final staff
                                               address is: 2076 South Street, Quantico,                minimizing emissions of sulfur dioxide,
                                               Virginia 22134.                                                                                               assessment, conducts evidentiary
                                                                                                       nitrogen oxides, mercury, and                         hearings, and issues a decision based on
                                               FOR FURTHER INFORMATION CONTACT:                        particulates compared to conventional
                                               Mary Lanzillotta, Executive Secretary,                                                                        the hearing record, which includes the
                                                                                                       coal-fired power plants. In addition, the             staff’s and other parties’ assessments.
                                               Marine Corps University Board of                        project would achieve a carbon dioxide
                                               Visitors, 2076 South Street, Quantico,                                                                        Through this process, the CEC staff will
                                                                                                       (CO2) capture efficiency of                           conduct an independent analysis of the
                                               Virginia 22134, telephone number 703–                   approximately 90 percent at steady-state
                                               784–4037.                                                                                                     proposed project and prepare an
                                                                                                       operation. The captured CO2 would be                  independent assessment of its potential
                                                 Dated: March 30, 2010.                                compressed and transported via                        environmental impacts, conditions of
                                               A.M. Vallandingham,                                     pipeline to the adjacent Elk Hills Field              certification (e.g. mitigation measures),
                                               Lieutenant Commander, Judge Advocate                    (owned and operated by Occidental of                  and alternatives. The staff will consult
                                               Generals Corps, U.S. Navy, Federal Register             Elk Hills, Inc.) for injection into deep              with interested Native American tribes
                                               Liaison Officer.                                        underground oil and gas reservoirs for
                                                                                                                                                             and local, regional, state, and federal
                                               [FR Doc. 2010–7730 Filed 4–5–10; 8:45 am]               enhanced oil recovery (EOR) and
                                                                                                                                                             agencies, and CEC will coordinate its
                                                                                                       geologic sequestration.
                                               BILLING CODE 3810–FF–P
                                                                                                         The EIS will inform DOE’s decision                  environmental review with other
                                                                                                       on whether to provide financial                       agencies, including the California
                                                                                                       assistance under its CCPI Program to the              Department of Oil, Gas and Geothermal
                                               DEPARTMENT OF ENERGY                                    project proposed by HECA, which has                   Resources (DOGGR). DOE understands
                                                                                                       an estimated capital cost of $2.3 billion.            that, pursuant to California law and a
                                               Hydrogen Energy California’s                                                                                  grant of primacy from the United States
                                               Integrated Gasification Combined                        DOE’s financial assistance (or ‘‘cost
                                                                                                       share’’) would be limited to $308                     Environmental Protection Agency
                                               Cycle Project, Kern County, CA—                                                                               regarding Class II wells under section
                                               Notice of Intent To Prepare an                          million, about 11 percent of the project’s
                                                                                                       total cost. DOE’s financial assistance is             1425 of the Safe Drinking Water Act,
                                               Environmental Impact Statement and                                                                            DOGGR has responsibility for
                                                                                                       also limited to certain aspects of the
                                               Notice of Potential Floodplain and                                                                            permitting EOR injection and extraction
                                                                                                       power plant, carbon capture, and
                                               Wetlands Involvement                                                                                          wells, and is likely to have the
                                                                                                       sequestration. The EIS will evaluate the
                                               AGENCY:  Department of Energy.                          potential impacts of DOE’s proposed                   regulatory lead for the CO2 sequestration
                                                                                                       action (provision of financial                        aspects of the proposed project, and
                                               ACTION: Notice of intent and notice of
                                                                                                       assistance), the project proposed by                  would impose permit conditions on
                                               potential floodplain and wetlands
                                                                                                       HECA and any connected actions, and                   these aspects of the project that are
                                               involvement.
                                                                                                       reasonable alternatives to DOE’s                      needed to ensure the HECA project’s
                                               SUMMARY: The U.S. Department of                         proposed action. The purposes of this                 compliance with California’s
                                               Energy (DOE or the Department)                          Notice of Intent are to: (1) Inform the               requirements regarding CO2 emissions
                                               announces its intent to prepare an                      public about DOE’s proposed action and                from power plants.1
                                               Environmental Impact Statement (EIS)                    HECA’s proposed project; (2) announce                    DOE intends to coordinate its NEPA
                                               pursuant to the National Environmental                  the public scoping meeting; (3) solicit               review of the HECA project with the
                                               Policy Act of 1969 (NEPA) (42 U.S.C.                    comments for DOE’s consideration                      environmental review conducted by
                                               4321 et seq.), the Council on                           regarding the scope and content of the                CEC as lead agency under CEQA. It will
                                               Environmental Quality’s NEPA                            EIS; (4) invite those agencies with                   work closely with CEC throughout its
                                               regulations (40 CFR parts 1500–1508),                   jurisdiction by law or special expertise              regulatory processes in order to
                                               and DOE’s NEPA regulations (10 CFR                      to be cooperating agencies in                         integrate the NEPA and CEQA processes
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                                               part 1021) to assess the potential                      preparation of the EIS; and (5) provide               in an efficient and expeditious manner.
                                               environmental impacts of providing                      notice that the proposed project may                  In particular, DOE will work with CEC
                                               financial assistance for the construction               involve potential impacts to floodplains
                                                                                                                                                               1 DOE anticipates that, pursuant to Cal. Pub. Res.
                                               and operation of a project proposed by                  and wetlands.
                                                                                                                                                             Code section 21000 et seq., California agencies will
                                               Hydrogen Energy California LLC                            DOE does not have regulatory                        impose mitigation measures to address potential
                                               (HECA). DOE selected this project for an                jurisdiction over the HECA project. Its               impacts and project design elements to verify the
                                               award of financial assistance through a                 decisions are limited to whether and                  sequestration of CO2 injected for EOR.



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17398                           Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices

                                               on making the environmental analyses                    Background                                            submission of applications.
                                               conducted for CEC’s regulatory                             Since the early 1970s, DOE and its                 Applications are reviewed according to
                                               processes as useful as possible in DOE’s                predecessor agencies have pursued                     the criteria specified in the funding
                                               NEPA process.                                           research and development programs                     opportunity announcement; these
                                                                                                       that include large, technically complex               criteria include technical, financial,
                                               DATES: DOE invites comments on the
                                                                                                       projects in pursuit of innovation in a                environmental, and other
                                               proposed scope and content of the EIS                                                                         considerations. DOE selects the projects
                                               from all interested parties. Comments                   wide variety of coal technologies
                                                                                                       through the proof-of-concept stage.                   that demonstrate the most promise
                                               must be received by May 24, 2010, to                                                                          when evaluated against these criteria,
                                               ensure consideration. DOE will consider                 However, helping a technology reach
                                                                                                       the proof-of-concept stage does not                   and enters into a cooperative agreement
                                               scoping comments submitted after this                                                                         with the applicant. These agreements
                                               date to the extent practicable. In                      ensure its continued development or
                                                                                                                                                             set out the project’s objectives, the
                                               addition to receiving comments in                       commercialization. Before a technology
                                                                                                                                                             obligations of the parties, and other
                                               writing and by telephone, DOE will                      can be considered seriously for
                                                                                                                                                             features of the partnership. Applicants
                                               conduct a public scoping meeting in                     commercialization, it must be
                                                                                                                                                             must agree to provide at least 50 percent
                                               which agencies, organizations, and                      demonstrated at a sufficient scale to
                                                                                                                                                             of their project’s cost; for most CCPI
                                               individuals are invited to present oral                 prove its reliability and economically
                                                                                                                                                             projects, the applicant’s cost share is
                                               and written comments and suggestions                    competitive performance. The financial
                                                                                                                                                             much greater.
                                               with regard to DOE’s proposed action,                   risk associated with such large-scale                    To date the CCPI program has
                                               alternatives, and potential impacts of                  demonstration projects is often too high              conducted three rounds of solicitations
                                               HECA’s project that DOE will consider                   for the private sector to assume in the               and project selections. The first round
                                               in the EIS. The scoping meeting will be                 absence of strong incentives.                         sought projects that would demonstrate
                                               held in Salon A of the Bakersfield                         The CCPI program was established in                advanced technologies for power
                                               Marriott at the Convention Center, 801                  2002 as a government and private sector               generation and improvements in plant
                                               Truxtun Avenue, Bakersfield,                            partnership to implement the                          efficiency, economics, and
                                               California, at 7 p.m. on Wednesday,                     recommendation in President Bush’s                    environmental performance. Round 2
                                               April 14, 2010. The public is also                      National Energy Policy to increase                    requested applications for projects that
                                               invited to learn more about the                         investment in clean coal technology.                  would demonstrate improved mercury
                                               proposed project at an informal session                 Through cooperative agreements with                   controls and gasification technology.
                                               at this location beginning at 5 p.m.                    its private sector partners, the program              Round 3, which DOE conducted in two
                                               Displays and other information about                    advances clean coal technologies to                   phases, sought projects that would
                                               DOE’s proposed action and the HECA                      commercialization; these technologies                 demonstrate advanced coal-based
                                               project will be available, and                          often involve combustion                              electricity generating technologies
                                               representatives from DOE and HECA                       improvements, control systems                         which capture and sequester (or put to
                                               will be present at the informal session                 advances, gasifier design, pollution                  beneficial use) carbon dioxide
                                               to discuss the proposed project, DOE’s                  reduction (including greenhouse gas                   emissions. DOE’s overarching goal for
                                               CCPI program, and the EIS process.                      reduction), efficiency increases, fuel                Round 3 projects was to demonstrate
                                                                                                       processing, and others.                               technologies at commercial scale in a
                                               ADDRESSES:   Written comments on the                       The Congress established criteria for              commercial setting that would: (1)
                                               scope of the EIS and requests to                        projects receiving financial assistance               Operate at 90 percent capture efficiency
                                               participate in the public scoping                       under this program in Title IV of the                 for CO2; (2) make progress towards
                                               meeting should be addressed to: Dr. R.                  Energy Policy Act of 2005 (Pub. L. 109–               capture and sequestration at less than a
                                               Paul Detwiler, U.S. Department of                       58) (EPACT 2005). Under this statute,                 10 percent increase in the cost of
                                               Energy, National Energy Technology                      CCPI projects must ‘‘advance efficiency,              electricity for gasification systems and a
                                               Laboratory, 626 Cochrans Mill Road,                     environmental performance, and cost                   less than 35 percent increase for
                                               P.O. Box 10940, Pittsburgh, PA 15236–                   competitiveness well beyond the level                 combustion and oxycombustion
                                               0940. Individuals who would like to                     of technologies that are in commercial                systems; and (3) make progress toward
                                               provide oral or electronic comments                     service’’ (Pub. L. 109–58, section 402(a)).           capture and sequestration of 50 percent
                                               should contact Dr. Detwiler directly by                 In February 2009, the American                        of the facility’s CO2 output at a scale
                                               telephone: 412–386–7349; toll-free                      Recovery and Reinvestment Act of 2009                 sufficient to evaluate the full impacts of
                                               number: 1–866–269–6493; fax: 412–                       (Pub. L. 111–5, 123 Stat. 115 (Feb. 17,               carbon capture technology on a
                                               386–6127; or electronic mail:                           2009)) (ARRA) appropriated $3.4 billion               generating plant’s operations,
                                               heca.eis@netl.doe.gov.                                  to DOE for ‘‘Fossil Energy Research and               economics and performance. The HECA
                                                                                                       Development;’’ the Department intends                 project was one of two selected in the
                                               FOR FURTHER INFORMATION CONTACT: For
                                                                                                       to use a significant portion of these                 first phase of Round 3. DOE entered into
                                               information about this project or to
                                                                                                       funds to provide financial assistance to              a cooperative agreement with HECA on
                                               receive a copy of the draft EIS when it
                                                                                                       CCPI projects.                                        September 30, 2009.
                                               is issued, contact Dr. Detwiler as
                                                                                                          The CCPI program selects projects for
                                               described above. For general                                                                                  Purpose and Need for DOE Action
                                                                                                       its government-private sector
                                               information on the DOE NEPA process,
                                                                                                       partnerships through an open and                        The purpose and need for DOE
                                               contact Ms. Carol M. Borgstrom,
                                                                                                       competitive process. Potential private                action—providing limited financial
                                               Director, Office of NEPA Policy and
                                                                                                       sector partners may include developers                assistance to HECA’s project—are to
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                                               Compliance (GC–54), U.S. Department
                                                                                                       of technologies, utilities and other                  advance the CCPI program by funding
                                               of Energy, 1000 Independence Avenue,
                                                                                                       energy producers, service corporations,               projects that have the best chance of
                                               SW., Washington, DC 20585–0103;
                                                                                                       research and development firms,                       achieving the program’s objective as
                                               telephone: 202–586–4600; fax: 202–
                                                                                                       software developers, academia and                     established by the Congress: The
                                               586–7031; or leave a toll-free message at
                                                                                                       others. DOE issues funding opportunity                commercialization of clean coal
                                               1–800–472–2756.
                                                                                                       announcements that specify the types of               technologies that advance efficiency,
                                               SUPPLEMENTARY INFORMATION:                              projects it is seeking, and invites                   environmental performance, and cost


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Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices                                            17399

                                               competitiveness well beyond the level                   CO2 generated during steady-state                     line would be approximately 7 miles in
                                               of technologies that are currently in                   operation. The CO2 would be piped                     length. The project would recycle water
                                               commercial service.                                     offsite for EOR and geologic                          and would incorporate zero liquid
                                                                                                       sequestration in the Elk Hills Field,                 discharge (ZLD) technology for process
                                               Site of the Project Proposed by HECA
                                                                                                       located approximately 4 miles                         and other wastewater from plant
                                                  HECA proposes to construct its IGCC                  southwest of the project’s location.                  operations. Therefore, there would be
                                               baseload electric generating facility on a                 The proposed plant would minimize                  no industrial wastewater discharge.
                                               site currently used for agriculture in                  sulfur dioxide, nitrogen oxides,                      Sanitary wastewater would be disposed
                                               Kern County, California. The 1,101 acre                 mercury, and particulate emissions as                 of in an onsite leach field (e.g., a septic
                                               site (473 acres of which would be used                  compared to conventional coal-fired                   system) in accordance with applicable
                                               for the project and 628 acres for a                     power plants. It is expected to remove                law.
                                               controlled buffer area) is located in                   in excess of 99 percent of the sulfur
                                               south-central California near the                                                                                The site of the proposed project is
                                                                                                       dioxide produced by the plant and
                                               unincorporated community of Tupman,                                                                           about 8 miles southeast of Pacific Gas &
                                                                                                       would also control emissions of
                                               approximately 7 miles west of the city                                                                        Electric Company’s Midway Substation.
                                                                                                       nitrogen oxides, carbon monoxide, and
                                               of Bakersfield. The site’s topography is                                                                      A 345-kilovolt (kV) transmission line
                                                                                                       volatile organic compounds. In
                                               characterized by relatively flat, low-                                                                        would be constructed to interconnect
                                                                                                       addition, over 99 percent of the mercury
                                               lying terrain that slopes very gently                   in the feedstock would be removed and                 the project to the grid at this existing
                                               from southeast to northwest.                            over 99 percent of the particulates in the            substation, and to provide firm
                                                  The IGCC facilities would occupy                     syngas would be removed using liquid                  transmission service for the plant’s
                                               approximately 250 acres (or less than 25                scrubbing.                                            output. This transmission line would
                                               percent) of the site. Most of the                          Solids generated by the gasifiers                  follow a relatively direct route between
                                               remainder of the site would continue to                 would be accumulated onsite and made                  the plant and the substation, and
                                               be used for agriculture; some areas                     available for appropriate recycling or                therefore would be about 8 miles long.
                                               would be occupied by new process and                    beneficial use, and if these options are              Rights-of-way (ROW) up to 175 feet in
                                               potable water pipelines, a transmission                 not available, disposed of in accordance              width would be required for this new
                                               line, a natural gas supply pipeline, a                  with applicable laws. It is anticipated               line.
                                               CO2 pipeline, access roads and fuel-                    that a significant fraction of the                       HECA would also construct an
                                               handling facilities.                                    gasification solids with fuel value can               approximately 8-mile natural gas supply
                                                                                                       be segregated and returned to the                     pipeline extending southeast from the
                                               Proposed Generating Plant                               gasification process; the solids without              site, and an approximately 4-mile CO2
                                                  The HECA project would demonstrate                   fuel value would be beneficially used or              pipeline extending from the site to a
                                               IGCC and carbon capture technology on                   properly disposed of. This return of                  custody transfer point where Occidental
                                               a commercial scale in a new power                       solids with fuel value to the gasification            would take possession of the CO2 and
                                               plant consisting of three gasifiers with                process limits the amount of solids that              continue its transportation via pipeline
                                               gas cleanup systems, a gas combustion                   must be disposed of as waste or                       to the Elk Hills Field for EOR use and
                                               turbine, a heat recovery steam generator,               beneficially used for another purpose.                geologic sequestration. The ROW for
                                               a steam turbine, and associated                            In addition to the gasifiers and                   these underground pipelines would be
                                               facilities.                                             turbines, the plant’s equipment would                 approximately 50 feet wide.
                                                  The plant proposed by HECA would                     include stacks, mechanical-draft cooling
                                               gasify petcoke and coal to produce                      towers, syngas cleanup facilities, and                Proposed Use of CO2 for EOR and
                                               syngas, which would then be processed                   particulate filtration systems. The height            Sequestration
                                               and purified to produce a hydrogen-rich                 of the tallest proposed stack would be
                                                                                                                                                                According to HECA’s proposal, the
                                               fuel. The hydrogen would be used to                     approximately 260 feet above ground.
                                                                                                                                                             project would result in the sequestration
                                               drive the gas combustion turbine. Hot                   The plant would also require systems
                                                                                                                                                             of about two million tons of CO2 per
                                               exhaust gas from the gas combustion                     for feedstock handling and storage, as
                                                                                                                                                             year during the demonstration phase
                                               turbine would generate steam from                       well as on-site roads, administration
                                                                                                                                                             funded in part by DOE; HECA
                                               water in the heat recovery steam                        buildings, water and wastewater
                                                                                                                                                             anticipates this rate would continue for
                                               generator to drive the steam turbine;                   treatment systems, and management
                                                                                                                                                             the operational life of the power plant.
                                               both turbines would generate baseload                   facilities for handling gasification
                                                                                                                                                             The captured CO2 would be compressed
                                               electricity. At full capacity, the plant                solids.
                                                                                                                                                             and transported via pipeline to the Elk
                                               would be expected to use about 3,200
                                                                                                       Proposed Linear Facilities                            Hills Oil Field approximately 4 miles
                                               tons of feedstock per day (about 1.2
                                                                                                         Linear facilities are the pipelines and             from the power plant. The CO2 would
                                               million tons per year). HECA would
                                                                                                       electrical lines that transport materials             enable additional domestic oil
                                               transport petcoke to the site by truck.
                                                                                                       and power to and from the plant. The                  production, contributing to the nation’s
                                               Coal would be brought to a nearby
                                                                                                       source of process water for the plant                 energy security.
                                               railhead and transferred to trucks for
                                               delivery to the site.                                   would be brackish groundwater                           The EOR process involves the
                                                  Combined, the gas combustion and                     supplied by the Buena Vista Water                     injection and reinjection of CO2 to
                                               steam turbines would generate                           Storage District; approximately 5                     reduce the viscosity and enhance other
                                               approximately 390 MW gross capacity                     million gallons per day would be                      properties of the trapped oil that
                                               (250 MW net) of low-carbon baseload                     required for cooling water makeup,                    facilitate its flow through the reservoir,
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                                               electricity. This combined-cycle                        steam cycle makeup, and other                         improving extraction. During EOR
                                               approach of using gas and steam                         processes. The process water pipeline                 operations, the pore space left by the
                                               turbines in tandem increases the                        would be approximately 15 miles in                    extracted oil is occupied by the injected
                                               amount of electricity that can be                       length. Potable water for drinking and                CO2, sequestering it in the geologic
                                               generated from the feedstock.                           sanitary use would be supplied by the                 formation. EOR operations would be
                                                  The plant would include a system                     West Kern Water District, located to the              monitored to ensure the injected CO2
                                               capable of capturing about 90 percent of                southeast of the site. The potable water              remains in the formation.


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17400                           Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices

                                               Proposed Project Schedule                               action. The purpose and need for DOE                  to decide to withhold financial
                                                  The project proposed by HECA                         action—providing limited financial                    assistance from the project, the project
                                               includes engineering and design of the                  assistance to the HECA IGCC project—                  would not proceed. DOE currently plans
                                               generating plant, permitting of the plant               are to advance the CCPI program by                    to analyze the project as proposed by
                                               and associated facilities, equipment                    selecting projects that have the best                 HECA (with and without any mitigating
                                               procurement, construction, startup,                     chance of achieving the program’s                     conditions that DOE may identify as
                                               operations, and demonstration of using                  objective as established by the Congress:             reasonable and appropriate);
                                               the CO2 for EOR followed by verified                    the commercialization of clean coal                   alternatives to HECA’s proposal that it
                                               sequestration. HECA anticipates that it                 technologies that advance efficiency,                 is still considering (e.g., the ROWs for
                                               would take about four years to                          environmental performance, and cost                   linear facilities); and the no action
                                               construct, commission and commence                      competitiveness well beyond the level                 alternative.
                                               operation of the plant. It plans to start               of technologies that are currently in                    As noted above, DOE will analyze any
                                               construction by 2012, and commercial                    service.                                              ‘‘project-specific’’ alternatives that HECA
                                                                                                          DOE’s NEPA regulations include a                   is still considering such as the location
                                               operation by 2016. This schedule is
                                                                                                       process for identifying and analyzing                 of the facility within the site
                                               contingent upon HECA receiving the
                                                                                                       reasonable alternatives in the context of
                                               necessary regulatory authorizations                                                                           boundaries, alternative routes for the
                                                                                                       providing financial assistance through a
                                               (which would be preceded by the                                                                               process water supply pipeline, CO2
                                                                                                       competitive selection of projects
                                               hearings and others events mandated by                                                                        pipeline and transmission line, and
                                                                                                       proposed by entities outside the federal
                                               the regulatory agencies’ procedures) and                                                                      other reasonable alternatives that may
                                                                                                       government. The range of reasonable
                                               upon DOE deciding to provide limited                                                                          be suggested during the scoping period.
                                                                                                       alternatives in competitions for grants,
                                               financial assistance for the construction               loans and other financial support is                     Under the no action alternative, DOE
                                               and demonstration phases of the project                 defined in large part by the range of                 would not provide funding to HECA. In
                                               (a decision that would occur after                      responsive proposals DOE receives.                    the absence of financial assistance from
                                               completion of the EIS).                                 Unlike projects undertaken by DOE                     DOE, HECA could reasonably pursue
                                               Connected and Cumulative Actions                        itself, the Department cannot mandate                 two options. It could build the project
                                                                                                       what outside entities propose, where                  without DOE funding; the impacts of
                                                 Under the cooperative agreement                                                                             this option would be essentially the
                                                                                                       they propose to do it, or how they
                                               between DOE and HECA, DOE would                                                                               same as those of DOE’s proposed action.
                                                                                                       propose to do it beyond establishing
                                               share the costs of the gasifiers, syngas                                                                      Or, HECA could choose not to pursue its
                                                                                                       requirements in the funding opportunity
                                               cleanup systems, a combustion turbine,                                                                        project, and there would be no impacts
                                                                                                       announcement that further the
                                               a heat recovery steam generator, a steam                                                                      from the project. This option would not
                                                                                                       program’s objectives. DOE’s decision is
                                               turbine, supporting facilities and                                                                            contribute to the goal of the CCPI
                                                                                                       limited to selecting among the
                                               infrastructure, and a demonstration                                                                           program, which is to accelerate
                                                                                                       applications submitted by project
                                               phase in which the project would use at                                                                       commercial deployment of advanced
                                                                                                       sponsors that meet CCPI’s goals.
                                               least 75 percent coal (calculated on a                     Recognizing that the range of                      coal technologies that provide the
                                               fuel input basis) to generate low-carbon                reasonable alternatives in the context of             United States with clean, reliable, and
                                               electricity and capture CO2 for EOR and                 financial assistance and contracting is in            affordable energy. However, as required
                                               sequestration.2 Under this agreement,                   large part determined by the number                   by NEPA, DOE analyzes this option as
                                               DOE would not share in the cost of the                  and nature of the proposals submitted,                the no action alternative in order to
                                               air separation unit, CO2 EOR and                        section 216 of DOE’s NEPA regulations                 have a meaningful comparison between
                                               sequestration facilities, or certain other              requires the Department to prepare an                 the impacts of DOE providing financial
                                               facilities. Accordingly, the EIS will                   ‘‘environmental critique’’ that assesses              assistance and withholding that
                                               evaluate the potential impacts of these                 the environmental impacts and issues                  assistance.
                                               aspects of HECA’s project as connected                  relating to each of the proposals that the
                                               actions.                                                                                                         Alternatives considered by HECA in
                                                                                                       DOE selecting official considers for an               developing its proposed project will be
                                                 DOE will also analyze the cumulative                  award. See 10 CFR 1021.216. This
                                               impacts of both the proposed project                                                                          discussed in the EIS. HECA analyzed
                                                                                                       official considers these impacts and                  several alternative sites and determined
                                               and any connected actions. The                          issues, along with other aspects of the
                                               cumulative impacts analysis will                                                                              that the only reasonable site alternative
                                                                                                       proposals (such as technical merit and                was its proposed site based on, among
                                               include analysis of greenhouse gas                      financial ability) and the program’s
                                               emissions and global warming, other air                                                                       other things, the presence or absence of
                                                                                                       objectives, in making awards. DOE                     sensitive resources; the availability of
                                               emissions, and other incremental                        prepared a critique of the proposals that
                                               impacts that, when added to past,                                                                             land; and the site’s proximity to the
                                                                                                       were deemed suitable for selection in                 brackish groundwater supply, to electric
                                               present, and reasonably foreseeable                     this round of awards for the CCPI
                                               impacts, may have significant effects on                                                                      transmission and natural gas facilities,
                                                                                                       program.                                              and to a CO2 storage reservoir.3 The EIS
                                               the human environment.                                     Once DOE selects a project for an
                                                                                                                                                             will describe HECA’s site selection
                                               Alternatives                                            award, the range of reasonable
                                                                                                                                                             process. However, DOE does not plan to
                                                                                                       alternatives becomes the project as
                                                 NEPA requires that an EIS evaluate                                                                          analyze in detail the alternatives sites
                                                                                                       proposed by the applicant, any
                                               the range of reasonable alternatives to                                                                       considered by HECA because HECA is
                                                                                                       alternatives still under consideration by
                                               an agency’s proposed action. The range                                                                        no longer considering these alternatives,
                                                                                                       the applicant or that are reasonable
sroberts on DSKD5P82C1PROD with NOTICES




                                               of reasonable alternatives encompasses                                                                        they were not part of HECA’s proposal,
                                                                                                       within the confines of the project as
                                               those alternatives that would satisfy the                                                                     and therefore they are no longer
                                                                                                       proposed (e.g., the particular location of
                                               underlying purpose and need for agency                                                                        reasonable alternatives.
                                                                                                       the generating plant on the 1,101-acre
                                                 2 Because of the requirements of California law,
                                                                                                       site or the ROWs for linear facilities),                3 HECA initially selected another site; it

                                               DOE believes that the HECA project would need to
                                                                                                       and a no action alternative. Regarding                subsequently decided to move the project when it
                                               continue sequestering CO2 throughout the                the no action alternative, DOE assumes                discovered the existence of sensitive biological
                                               operational life of the plant.                          for purposes of the EIS that, if it were              resources at the initial site.



                                          VerDate Nov<24>2008   16:37 Apr 05, 2010   Jkt 220001   PO 00000   Frm 00033   Fmt 4703   Sfmt 4703   E:FRFM06APN1.SGM   06APN1
Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices                                                 17401

                                               Floodplains and Wetlands                                including potential impacts from the                  proposed project are properly evaluated,
                                                  The footprint of the proposed electric               generation, treatment, transport, storage,            DOE will conduct an open process to
                                               generating and carbon capture facility                  and management of wastes.                             define the scope of the EIS. The public
                                               would not affect any wetlands or                           (5) Visual: Potential aesthetic impacts            scoping period will end on May 24,
                                               floodplains. Wetland and floodplain                     of new stacks, mechanical-draft cooling               2010. Interested agencies, organizations,
                                               impacts, if any, from the construction of               tower, flares, and other structures of the            and individuals are encouraged to
                                               pipelines and transmission lines would                  proposed plant, of the linear facilities,             submit comments or suggestions
                                               be avoided by the use of horizontal                     and of connected actions.                             concerning the content of the EIS, issues
                                               direction drilling. In the event that the                  (6) Floodplain: Potential impacts (e.g.,           and impacts that should be addressed,
                                               EIS identifies that wetlands or                         impeding floodwaters, re-directing                    and alternatives that should be
                                               floodplains would be affected by the                    floodwaters, possible property damage)                considered. Scoping comments should
                                               project (including its linear facilities) or            of siting structures on a floodplain.                 clearly describe specific issues or topics
                                               connected actions, DOE will prepare a                      (7) Wetlands: Potential effects to                 that the EIS should address in order to
                                               floodplain and wetland assessment in                    wetlands due to construction and                      assist DOE in defining the EIS’s scope.
                                               accordance with its regulations at 10                   operation of the power plant, linear                  Written, e-mailed, faxed, or telephoned
                                               CFR part 1022 and include the                           facilities, and connected actions.                    comments should be submitted by May
                                               assessment in the EIS.                                     (8) Ecological: Potential onsite and               24, 2010 (see ADDRESSES).
                                                                                                       offsite impacts to vegetation, terrestrial
                                               Preliminary Identification of                                                                                    In addition, DOE will conduct a
                                                                                                       and aquatic wildlife, threatened and
                                               Environmental Issues                                                                                          public scoping meeting in Salon A of
                                                                                                       endangered species,4 and ecologically
                                                                                                                                                             the Bakersfield Marriott at the
                                                  The following environmental issues                   sensitive habitats due to the
                                                                                                                                                             Convention Center, 801 Truxtun
                                               have been tentatively identified for                    construction and operation of the power
                                                                                                                                                             Avenue, Bakersfield, California, at 7
                                               analysis in the EIS. This list (which was               plant, linear facilities, and connected
                                                                                                                                                             p.m. on Wednesday, April 14, 2010. The
                                               developed from the environmental                        actions.
                                                                                                                                                             public is also invited to learn more
                                               critique of the proposed project, permit                   (9) Safety and Health: Construction-
                                                                                                                                                             about the proposed project at an
                                               applications that HECA has filed,                       and operation-related safety, process
                                                                                                       safety, and management of process                     informal session at this location
                                               comments by regulatory agencies on                                                                            beginning at 5 p.m. DOE requests that
                                               those applications, and information                     chemicals and materials.
                                                                                                          (10) Construction: Potential impacts               anyone who wishes to speak at this
                                               from similar projects) is neither an                                                                          public scoping meeting contact Dr. R.
                                               inclusive nor a predetermined set of                    associated with noise, traffic patterns,
                                                                                                       and construction-related emissions.                   Paul Detwiler, by phone, fax, e-mail, or
                                               potential impacts. This preliminary list                                                                      letter (see ADDRESSES).
                                               is presented to facilitate public                          (11) Community Impacts: Potential
                                               comment on the planned scope of the                     congestion and other impacts to local                    Individuals who do not make advance
                                               EIS. Additions to or deletions from the                 traffic patterns; socioeconomic impacts               arrangements to speak may register at
                                               list may occur as a result of this scoping              on public services and infrastructure                 the meeting and will be given the
                                               process. The preliminary list of                        (e.g., police protection, schools, and                opportunity to speak following
                                               potential environmental issues includes:                utilities); noise associated with project             scheduled speakers. Speakers who need
                                                  (1) Atmospheric Resources: Potential                 operation; and environmental justice                  more than five minutes should indicate
                                               air quality impacts resulting from                      issues with respect to nearby                         the length of time desired in their
                                               emissions during construction and                       communities.                                          request. Depending on the number of
                                               operation of the proposed HECA project                     (12) Cultural and Archaeological                   speakers, DOE may need to limit
                                               and connected actions (e.g., effects of                 Resources: Potential impacts to such                  speakers to five-minute presentations
                                               ground-level concentrations of criteria                 resources from construction of the                    initially, but will provide additional
                                               pollutants and trace metals—including                   project and connected actions.                        opportunities as time permits. Speakers
                                               mercury—on surrounding areas,                              (13) Cumulative Effects: Incremental               can also provide written material to
                                               including those of special concern such                 impacts of the proposed project (e.g.,                supplement their presentations. Oral
                                               as Prevention of Significant                            incremental air emissions affecting                   and written comments will be given
                                               Deterioration Class I areas). Potential                 ambient air quality) that, when added to              equal weight.
                                               cumulative effects of greenhouse gas                    other past, present, and reasonably                      DOE will begin the formal meeting
                                               emissions.                                              foreseeable future actions, including                 with an overview of the proposed HECA
                                                  (2) Water Resources: Potential effects               connected actions, may have potentially               project. DOE will designate a presiding
                                               of groundwater withdrawals and water                    significant impacts on the environment.               officer to chair the meeting. The meeting
                                               use by the project, including potential                 This analysis will include potential                  will not be conducted as an evidentiary
                                               impacts resulting from construction and                 impacts on climate.                                   hearing, and speakers will not be cross-
                                               operation of the project, including linear                 The level of analysis of issues in the             examined. However, speakers may be
                                               facilities and any connected actions.                   EIS will be in accordance with their                  asked questions to ensure that DOE fully
                                                  (3) Infrastructure and Land Use:                     level of importance. The most detailed                understands their comments or
                                               Potential effects on existing                           analyses are likely to focus on potential             suggestions. The presiding officer will
                                               infrastructure and land uses resulting                  impacts to air, water, and ecological                 establish the order of speakers and any
                                               from the construction and operation of                  resources.                                            additional procedures necessary to
                                               the proposed project and connected                      Public Scoping Process                                conduct the meeting.
sroberts on DSKD5P82C1PROD with NOTICES




                                               actions. For example, potential traffic                                                                         Issued in Washington, DC, this 30th day of
                                               effects resulting from the proposed                      To ensure that all issues related to
                                                                                                       DOE’s Proposed Action and HECA’s                      March 2010.
                                               project and potential land use impacts
                                                                                                                                                             James J. Markowsky,
                                               of committing farm land to a power                        4 No threatened or endangered species have been
                                               plant.                                                                                                        Assistant Secretary, Office of Fossil Energy.
                                                                                                       identified at the proposed plant site; three listed
                                                  (4) Solid Waste: Pollution prevention                                                                      [FR Doc. 2010–7723 Filed 4–5–10; 8:45 am]
                                                                                                       plant species and eight listed wildlife species may
                                               and waste management issues,                            occur in the ROWs of the linear facilities.           BILLING CODE 6450–01–P




                                          VerDate Nov<24>2008   16:37 Apr 05, 2010   Jkt 220001   PO 00000   Frm 00034   Fmt 4703   Sfmt 9990   E:FRFM06APN1.SGM   06APN1

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NOI - Hydrogen Energy California, LLC

  • 1. Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices 17397 will meet to review, develop and competitive process under the Clean under what circumstances it would provide recommendations on all aspects Coal Power Initiative (CCPI) program. provide financial assistance to the of the academic and administrative The project proposed by HECA would project. There are a number of state and policies of the University; examine all demonstrate Integrated Gasification federal agencies that do have regulatory aspects of professional military Combined Cycle (IGCC) technology with authority over the project; one of them education operations; and provide such carbon capture in a new baseload is the California Energy Commission oversight and advice, as is necessary, to electric generating plant in Kern (CEC), which is responsible for power facilitate high educational standards County, California. The plant would use plant licensing under the Warren- and cost effective operations. The Board blends of coal and petroleum coke Alquist Act (Cal. Pub. Res. Code section will be focusing primarily on the (petcoke) or petcoke alone as its 25500 et seq.). This licensing process, internal procedures of the Marine Corps feedstock, and would demonstrate which will consider all relevant University. All sessions of the meeting carbon capture and sequestration on a environmental aspects of HECA’s will be open to the public. commercial scale. proposed project and related facilities, DATES: The meeting will be held on The HECA project would gasify the is defined by California law, and under Friday, April 30, 2010, from 8 a.m. to coal and petcoke to produce synthesis state law is certified as fulfilling the 4:30 p.m. gas (syngas), which would then be requirements of the California processed and purified to produce a Environmental Quality Act (CEQA; Cal. ADDRESSES: The meeting will be held at hydrogen-rich fuel. The hydrogen Pub. Res. Code section 21000 et seq.). Marine Corps University President’s would be used to power a combustion Conference Room (Hooper Room). The Under this certified process, CEC holds turbine, generating electricity while public hearings, makes a final staff address is: 2076 South Street, Quantico, minimizing emissions of sulfur dioxide, Virginia 22134. assessment, conducts evidentiary nitrogen oxides, mercury, and hearings, and issues a decision based on FOR FURTHER INFORMATION CONTACT: particulates compared to conventional Mary Lanzillotta, Executive Secretary, the hearing record, which includes the coal-fired power plants. In addition, the staff’s and other parties’ assessments. Marine Corps University Board of project would achieve a carbon dioxide Visitors, 2076 South Street, Quantico, Through this process, the CEC staff will (CO2) capture efficiency of conduct an independent analysis of the Virginia 22134, telephone number 703– approximately 90 percent at steady-state 784–4037. proposed project and prepare an operation. The captured CO2 would be independent assessment of its potential Dated: March 30, 2010. compressed and transported via environmental impacts, conditions of A.M. Vallandingham, pipeline to the adjacent Elk Hills Field certification (e.g. mitigation measures), Lieutenant Commander, Judge Advocate (owned and operated by Occidental of and alternatives. The staff will consult Generals Corps, U.S. Navy, Federal Register Elk Hills, Inc.) for injection into deep with interested Native American tribes Liaison Officer. underground oil and gas reservoirs for and local, regional, state, and federal [FR Doc. 2010–7730 Filed 4–5–10; 8:45 am] enhanced oil recovery (EOR) and agencies, and CEC will coordinate its geologic sequestration. BILLING CODE 3810–FF–P The EIS will inform DOE’s decision environmental review with other on whether to provide financial agencies, including the California assistance under its CCPI Program to the Department of Oil, Gas and Geothermal DEPARTMENT OF ENERGY project proposed by HECA, which has Resources (DOGGR). DOE understands an estimated capital cost of $2.3 billion. that, pursuant to California law and a Hydrogen Energy California’s grant of primacy from the United States Integrated Gasification Combined DOE’s financial assistance (or ‘‘cost share’’) would be limited to $308 Environmental Protection Agency Cycle Project, Kern County, CA— regarding Class II wells under section Notice of Intent To Prepare an million, about 11 percent of the project’s total cost. DOE’s financial assistance is 1425 of the Safe Drinking Water Act, Environmental Impact Statement and DOGGR has responsibility for also limited to certain aspects of the Notice of Potential Floodplain and permitting EOR injection and extraction power plant, carbon capture, and Wetlands Involvement wells, and is likely to have the sequestration. The EIS will evaluate the AGENCY: Department of Energy. potential impacts of DOE’s proposed regulatory lead for the CO2 sequestration action (provision of financial aspects of the proposed project, and ACTION: Notice of intent and notice of assistance), the project proposed by would impose permit conditions on potential floodplain and wetlands HECA and any connected actions, and these aspects of the project that are involvement. reasonable alternatives to DOE’s needed to ensure the HECA project’s SUMMARY: The U.S. Department of proposed action. The purposes of this compliance with California’s Energy (DOE or the Department) Notice of Intent are to: (1) Inform the requirements regarding CO2 emissions announces its intent to prepare an public about DOE’s proposed action and from power plants.1 Environmental Impact Statement (EIS) HECA’s proposed project; (2) announce DOE intends to coordinate its NEPA pursuant to the National Environmental the public scoping meeting; (3) solicit review of the HECA project with the Policy Act of 1969 (NEPA) (42 U.S.C. comments for DOE’s consideration environmental review conducted by 4321 et seq.), the Council on regarding the scope and content of the CEC as lead agency under CEQA. It will Environmental Quality’s NEPA EIS; (4) invite those agencies with work closely with CEC throughout its regulations (40 CFR parts 1500–1508), jurisdiction by law or special expertise regulatory processes in order to and DOE’s NEPA regulations (10 CFR to be cooperating agencies in integrate the NEPA and CEQA processes sroberts on DSKD5P82C1PROD with NOTICES part 1021) to assess the potential preparation of the EIS; and (5) provide in an efficient and expeditious manner. environmental impacts of providing notice that the proposed project may In particular, DOE will work with CEC financial assistance for the construction involve potential impacts to floodplains 1 DOE anticipates that, pursuant to Cal. Pub. Res. and operation of a project proposed by and wetlands. Code section 21000 et seq., California agencies will Hydrogen Energy California LLC DOE does not have regulatory impose mitigation measures to address potential (HECA). DOE selected this project for an jurisdiction over the HECA project. Its impacts and project design elements to verify the award of financial assistance through a decisions are limited to whether and sequestration of CO2 injected for EOR. VerDate Nov<24>2008 16:37 Apr 05, 2010 Jkt 220001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:FRFM06APN1.SGM 06APN1
  • 2. 17398 Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices on making the environmental analyses Background submission of applications. conducted for CEC’s regulatory Since the early 1970s, DOE and its Applications are reviewed according to processes as useful as possible in DOE’s predecessor agencies have pursued the criteria specified in the funding NEPA process. research and development programs opportunity announcement; these that include large, technically complex criteria include technical, financial, DATES: DOE invites comments on the projects in pursuit of innovation in a environmental, and other proposed scope and content of the EIS considerations. DOE selects the projects from all interested parties. Comments wide variety of coal technologies through the proof-of-concept stage. that demonstrate the most promise must be received by May 24, 2010, to when evaluated against these criteria, ensure consideration. DOE will consider However, helping a technology reach the proof-of-concept stage does not and enters into a cooperative agreement scoping comments submitted after this with the applicant. These agreements date to the extent practicable. In ensure its continued development or set out the project’s objectives, the addition to receiving comments in commercialization. Before a technology obligations of the parties, and other writing and by telephone, DOE will can be considered seriously for features of the partnership. Applicants conduct a public scoping meeting in commercialization, it must be must agree to provide at least 50 percent which agencies, organizations, and demonstrated at a sufficient scale to of their project’s cost; for most CCPI individuals are invited to present oral prove its reliability and economically projects, the applicant’s cost share is and written comments and suggestions competitive performance. The financial much greater. with regard to DOE’s proposed action, risk associated with such large-scale To date the CCPI program has alternatives, and potential impacts of demonstration projects is often too high conducted three rounds of solicitations HECA’s project that DOE will consider for the private sector to assume in the and project selections. The first round in the EIS. The scoping meeting will be absence of strong incentives. sought projects that would demonstrate held in Salon A of the Bakersfield The CCPI program was established in advanced technologies for power Marriott at the Convention Center, 801 2002 as a government and private sector generation and improvements in plant Truxtun Avenue, Bakersfield, partnership to implement the efficiency, economics, and California, at 7 p.m. on Wednesday, recommendation in President Bush’s environmental performance. Round 2 April 14, 2010. The public is also National Energy Policy to increase requested applications for projects that invited to learn more about the investment in clean coal technology. would demonstrate improved mercury proposed project at an informal session Through cooperative agreements with controls and gasification technology. at this location beginning at 5 p.m. its private sector partners, the program Round 3, which DOE conducted in two Displays and other information about advances clean coal technologies to phases, sought projects that would DOE’s proposed action and the HECA commercialization; these technologies demonstrate advanced coal-based project will be available, and often involve combustion electricity generating technologies representatives from DOE and HECA improvements, control systems which capture and sequester (or put to will be present at the informal session advances, gasifier design, pollution beneficial use) carbon dioxide to discuss the proposed project, DOE’s reduction (including greenhouse gas emissions. DOE’s overarching goal for CCPI program, and the EIS process. reduction), efficiency increases, fuel Round 3 projects was to demonstrate processing, and others. technologies at commercial scale in a ADDRESSES: Written comments on the The Congress established criteria for commercial setting that would: (1) scope of the EIS and requests to projects receiving financial assistance Operate at 90 percent capture efficiency participate in the public scoping under this program in Title IV of the for CO2; (2) make progress towards meeting should be addressed to: Dr. R. Energy Policy Act of 2005 (Pub. L. 109– capture and sequestration at less than a Paul Detwiler, U.S. Department of 58) (EPACT 2005). Under this statute, 10 percent increase in the cost of Energy, National Energy Technology CCPI projects must ‘‘advance efficiency, electricity for gasification systems and a Laboratory, 626 Cochrans Mill Road, environmental performance, and cost less than 35 percent increase for P.O. Box 10940, Pittsburgh, PA 15236– competitiveness well beyond the level combustion and oxycombustion 0940. Individuals who would like to of technologies that are in commercial systems; and (3) make progress toward provide oral or electronic comments service’’ (Pub. L. 109–58, section 402(a)). capture and sequestration of 50 percent should contact Dr. Detwiler directly by In February 2009, the American of the facility’s CO2 output at a scale telephone: 412–386–7349; toll-free Recovery and Reinvestment Act of 2009 sufficient to evaluate the full impacts of number: 1–866–269–6493; fax: 412– (Pub. L. 111–5, 123 Stat. 115 (Feb. 17, carbon capture technology on a 386–6127; or electronic mail: 2009)) (ARRA) appropriated $3.4 billion generating plant’s operations, heca.eis@netl.doe.gov. to DOE for ‘‘Fossil Energy Research and economics and performance. The HECA Development;’’ the Department intends project was one of two selected in the FOR FURTHER INFORMATION CONTACT: For to use a significant portion of these first phase of Round 3. DOE entered into information about this project or to funds to provide financial assistance to a cooperative agreement with HECA on receive a copy of the draft EIS when it CCPI projects. September 30, 2009. is issued, contact Dr. Detwiler as The CCPI program selects projects for described above. For general Purpose and Need for DOE Action its government-private sector information on the DOE NEPA process, partnerships through an open and The purpose and need for DOE contact Ms. Carol M. Borgstrom, competitive process. Potential private action—providing limited financial Director, Office of NEPA Policy and sector partners may include developers assistance to HECA’s project—are to sroberts on DSKD5P82C1PROD with NOTICES Compliance (GC–54), U.S. Department of technologies, utilities and other advance the CCPI program by funding of Energy, 1000 Independence Avenue, energy producers, service corporations, projects that have the best chance of SW., Washington, DC 20585–0103; research and development firms, achieving the program’s objective as telephone: 202–586–4600; fax: 202– software developers, academia and established by the Congress: The 586–7031; or leave a toll-free message at others. DOE issues funding opportunity commercialization of clean coal 1–800–472–2756. announcements that specify the types of technologies that advance efficiency, SUPPLEMENTARY INFORMATION: projects it is seeking, and invites environmental performance, and cost VerDate Nov<24>2008 16:37 Apr 05, 2010 Jkt 220001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:FRFM06APN1.SGM 06APN1
  • 3. Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices 17399 competitiveness well beyond the level CO2 generated during steady-state line would be approximately 7 miles in of technologies that are currently in operation. The CO2 would be piped length. The project would recycle water commercial service. offsite for EOR and geologic and would incorporate zero liquid sequestration in the Elk Hills Field, discharge (ZLD) technology for process Site of the Project Proposed by HECA located approximately 4 miles and other wastewater from plant HECA proposes to construct its IGCC southwest of the project’s location. operations. Therefore, there would be baseload electric generating facility on a The proposed plant would minimize no industrial wastewater discharge. site currently used for agriculture in sulfur dioxide, nitrogen oxides, Sanitary wastewater would be disposed Kern County, California. The 1,101 acre mercury, and particulate emissions as of in an onsite leach field (e.g., a septic site (473 acres of which would be used compared to conventional coal-fired system) in accordance with applicable for the project and 628 acres for a power plants. It is expected to remove law. controlled buffer area) is located in in excess of 99 percent of the sulfur south-central California near the The site of the proposed project is dioxide produced by the plant and unincorporated community of Tupman, about 8 miles southeast of Pacific Gas & would also control emissions of approximately 7 miles west of the city Electric Company’s Midway Substation. nitrogen oxides, carbon monoxide, and of Bakersfield. The site’s topography is A 345-kilovolt (kV) transmission line volatile organic compounds. In characterized by relatively flat, low- would be constructed to interconnect addition, over 99 percent of the mercury lying terrain that slopes very gently in the feedstock would be removed and the project to the grid at this existing from southeast to northwest. over 99 percent of the particulates in the substation, and to provide firm The IGCC facilities would occupy syngas would be removed using liquid transmission service for the plant’s approximately 250 acres (or less than 25 scrubbing. output. This transmission line would percent) of the site. Most of the Solids generated by the gasifiers follow a relatively direct route between remainder of the site would continue to would be accumulated onsite and made the plant and the substation, and be used for agriculture; some areas available for appropriate recycling or therefore would be about 8 miles long. would be occupied by new process and beneficial use, and if these options are Rights-of-way (ROW) up to 175 feet in potable water pipelines, a transmission not available, disposed of in accordance width would be required for this new line, a natural gas supply pipeline, a with applicable laws. It is anticipated line. CO2 pipeline, access roads and fuel- that a significant fraction of the HECA would also construct an handling facilities. gasification solids with fuel value can approximately 8-mile natural gas supply be segregated and returned to the pipeline extending southeast from the Proposed Generating Plant gasification process; the solids without site, and an approximately 4-mile CO2 The HECA project would demonstrate fuel value would be beneficially used or pipeline extending from the site to a IGCC and carbon capture technology on properly disposed of. This return of custody transfer point where Occidental a commercial scale in a new power solids with fuel value to the gasification would take possession of the CO2 and plant consisting of three gasifiers with process limits the amount of solids that continue its transportation via pipeline gas cleanup systems, a gas combustion must be disposed of as waste or to the Elk Hills Field for EOR use and turbine, a heat recovery steam generator, beneficially used for another purpose. geologic sequestration. The ROW for a steam turbine, and associated In addition to the gasifiers and these underground pipelines would be facilities. turbines, the plant’s equipment would approximately 50 feet wide. The plant proposed by HECA would include stacks, mechanical-draft cooling gasify petcoke and coal to produce towers, syngas cleanup facilities, and Proposed Use of CO2 for EOR and syngas, which would then be processed particulate filtration systems. The height Sequestration and purified to produce a hydrogen-rich of the tallest proposed stack would be According to HECA’s proposal, the fuel. The hydrogen would be used to approximately 260 feet above ground. project would result in the sequestration drive the gas combustion turbine. Hot The plant would also require systems of about two million tons of CO2 per exhaust gas from the gas combustion for feedstock handling and storage, as year during the demonstration phase turbine would generate steam from well as on-site roads, administration funded in part by DOE; HECA water in the heat recovery steam buildings, water and wastewater anticipates this rate would continue for generator to drive the steam turbine; treatment systems, and management the operational life of the power plant. both turbines would generate baseload facilities for handling gasification The captured CO2 would be compressed electricity. At full capacity, the plant solids. and transported via pipeline to the Elk would be expected to use about 3,200 Proposed Linear Facilities Hills Oil Field approximately 4 miles tons of feedstock per day (about 1.2 Linear facilities are the pipelines and from the power plant. The CO2 would million tons per year). HECA would electrical lines that transport materials enable additional domestic oil transport petcoke to the site by truck. and power to and from the plant. The production, contributing to the nation’s Coal would be brought to a nearby source of process water for the plant energy security. railhead and transferred to trucks for delivery to the site. would be brackish groundwater The EOR process involves the Combined, the gas combustion and supplied by the Buena Vista Water injection and reinjection of CO2 to steam turbines would generate Storage District; approximately 5 reduce the viscosity and enhance other approximately 390 MW gross capacity million gallons per day would be properties of the trapped oil that (250 MW net) of low-carbon baseload required for cooling water makeup, facilitate its flow through the reservoir, sroberts on DSKD5P82C1PROD with NOTICES electricity. This combined-cycle steam cycle makeup, and other improving extraction. During EOR approach of using gas and steam processes. The process water pipeline operations, the pore space left by the turbines in tandem increases the would be approximately 15 miles in extracted oil is occupied by the injected amount of electricity that can be length. Potable water for drinking and CO2, sequestering it in the geologic generated from the feedstock. sanitary use would be supplied by the formation. EOR operations would be The plant would include a system West Kern Water District, located to the monitored to ensure the injected CO2 capable of capturing about 90 percent of southeast of the site. The potable water remains in the formation. VerDate Nov<24>2008 16:37 Apr 05, 2010 Jkt 220001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:FRFM06APN1.SGM 06APN1
  • 4. 17400 Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices Proposed Project Schedule action. The purpose and need for DOE to decide to withhold financial The project proposed by HECA action—providing limited financial assistance from the project, the project includes engineering and design of the assistance to the HECA IGCC project— would not proceed. DOE currently plans generating plant, permitting of the plant are to advance the CCPI program by to analyze the project as proposed by and associated facilities, equipment selecting projects that have the best HECA (with and without any mitigating procurement, construction, startup, chance of achieving the program’s conditions that DOE may identify as operations, and demonstration of using objective as established by the Congress: reasonable and appropriate); the CO2 for EOR followed by verified the commercialization of clean coal alternatives to HECA’s proposal that it sequestration. HECA anticipates that it technologies that advance efficiency, is still considering (e.g., the ROWs for would take about four years to environmental performance, and cost linear facilities); and the no action construct, commission and commence competitiveness well beyond the level alternative. operation of the plant. It plans to start of technologies that are currently in As noted above, DOE will analyze any construction by 2012, and commercial service. ‘‘project-specific’’ alternatives that HECA DOE’s NEPA regulations include a is still considering such as the location operation by 2016. This schedule is process for identifying and analyzing of the facility within the site contingent upon HECA receiving the reasonable alternatives in the context of necessary regulatory authorizations boundaries, alternative routes for the providing financial assistance through a (which would be preceded by the process water supply pipeline, CO2 competitive selection of projects hearings and others events mandated by pipeline and transmission line, and proposed by entities outside the federal the regulatory agencies’ procedures) and other reasonable alternatives that may government. The range of reasonable upon DOE deciding to provide limited be suggested during the scoping period. alternatives in competitions for grants, financial assistance for the construction loans and other financial support is Under the no action alternative, DOE and demonstration phases of the project defined in large part by the range of would not provide funding to HECA. In (a decision that would occur after responsive proposals DOE receives. the absence of financial assistance from completion of the EIS). Unlike projects undertaken by DOE DOE, HECA could reasonably pursue Connected and Cumulative Actions itself, the Department cannot mandate two options. It could build the project what outside entities propose, where without DOE funding; the impacts of Under the cooperative agreement this option would be essentially the they propose to do it, or how they between DOE and HECA, DOE would same as those of DOE’s proposed action. propose to do it beyond establishing share the costs of the gasifiers, syngas Or, HECA could choose not to pursue its requirements in the funding opportunity cleanup systems, a combustion turbine, project, and there would be no impacts announcement that further the a heat recovery steam generator, a steam from the project. This option would not program’s objectives. DOE’s decision is turbine, supporting facilities and contribute to the goal of the CCPI limited to selecting among the infrastructure, and a demonstration program, which is to accelerate applications submitted by project phase in which the project would use at commercial deployment of advanced sponsors that meet CCPI’s goals. least 75 percent coal (calculated on a Recognizing that the range of coal technologies that provide the fuel input basis) to generate low-carbon reasonable alternatives in the context of United States with clean, reliable, and electricity and capture CO2 for EOR and financial assistance and contracting is in affordable energy. However, as required sequestration.2 Under this agreement, large part determined by the number by NEPA, DOE analyzes this option as DOE would not share in the cost of the and nature of the proposals submitted, the no action alternative in order to air separation unit, CO2 EOR and section 216 of DOE’s NEPA regulations have a meaningful comparison between sequestration facilities, or certain other requires the Department to prepare an the impacts of DOE providing financial facilities. Accordingly, the EIS will ‘‘environmental critique’’ that assesses assistance and withholding that evaluate the potential impacts of these the environmental impacts and issues assistance. aspects of HECA’s project as connected relating to each of the proposals that the actions. Alternatives considered by HECA in DOE selecting official considers for an developing its proposed project will be DOE will also analyze the cumulative award. See 10 CFR 1021.216. This impacts of both the proposed project discussed in the EIS. HECA analyzed official considers these impacts and several alternative sites and determined and any connected actions. The issues, along with other aspects of the cumulative impacts analysis will that the only reasonable site alternative proposals (such as technical merit and was its proposed site based on, among include analysis of greenhouse gas financial ability) and the program’s emissions and global warming, other air other things, the presence or absence of objectives, in making awards. DOE sensitive resources; the availability of emissions, and other incremental prepared a critique of the proposals that impacts that, when added to past, land; and the site’s proximity to the were deemed suitable for selection in brackish groundwater supply, to electric present, and reasonably foreseeable this round of awards for the CCPI impacts, may have significant effects on transmission and natural gas facilities, program. and to a CO2 storage reservoir.3 The EIS the human environment. Once DOE selects a project for an will describe HECA’s site selection Alternatives award, the range of reasonable process. However, DOE does not plan to alternatives becomes the project as NEPA requires that an EIS evaluate analyze in detail the alternatives sites proposed by the applicant, any the range of reasonable alternatives to considered by HECA because HECA is alternatives still under consideration by an agency’s proposed action. The range no longer considering these alternatives, the applicant or that are reasonable sroberts on DSKD5P82C1PROD with NOTICES of reasonable alternatives encompasses they were not part of HECA’s proposal, within the confines of the project as those alternatives that would satisfy the and therefore they are no longer proposed (e.g., the particular location of underlying purpose and need for agency reasonable alternatives. the generating plant on the 1,101-acre 2 Because of the requirements of California law, site or the ROWs for linear facilities), 3 HECA initially selected another site; it DOE believes that the HECA project would need to and a no action alternative. Regarding subsequently decided to move the project when it continue sequestering CO2 throughout the the no action alternative, DOE assumes discovered the existence of sensitive biological operational life of the plant. for purposes of the EIS that, if it were resources at the initial site. 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  • 5. Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices 17401 Floodplains and Wetlands including potential impacts from the proposed project are properly evaluated, The footprint of the proposed electric generation, treatment, transport, storage, DOE will conduct an open process to generating and carbon capture facility and management of wastes. define the scope of the EIS. The public would not affect any wetlands or (5) Visual: Potential aesthetic impacts scoping period will end on May 24, floodplains. Wetland and floodplain of new stacks, mechanical-draft cooling 2010. Interested agencies, organizations, impacts, if any, from the construction of tower, flares, and other structures of the and individuals are encouraged to pipelines and transmission lines would proposed plant, of the linear facilities, submit comments or suggestions be avoided by the use of horizontal and of connected actions. concerning the content of the EIS, issues direction drilling. In the event that the (6) Floodplain: Potential impacts (e.g., and impacts that should be addressed, EIS identifies that wetlands or impeding floodwaters, re-directing and alternatives that should be floodplains would be affected by the floodwaters, possible property damage) considered. Scoping comments should project (including its linear facilities) or of siting structures on a floodplain. clearly describe specific issues or topics connected actions, DOE will prepare a (7) Wetlands: Potential effects to that the EIS should address in order to floodplain and wetland assessment in wetlands due to construction and assist DOE in defining the EIS’s scope. accordance with its regulations at 10 operation of the power plant, linear Written, e-mailed, faxed, or telephoned CFR part 1022 and include the facilities, and connected actions. comments should be submitted by May assessment in the EIS. (8) Ecological: Potential onsite and 24, 2010 (see ADDRESSES). offsite impacts to vegetation, terrestrial Preliminary Identification of In addition, DOE will conduct a and aquatic wildlife, threatened and Environmental Issues public scoping meeting in Salon A of endangered species,4 and ecologically the Bakersfield Marriott at the The following environmental issues sensitive habitats due to the Convention Center, 801 Truxtun have been tentatively identified for construction and operation of the power Avenue, Bakersfield, California, at 7 analysis in the EIS. This list (which was plant, linear facilities, and connected p.m. on Wednesday, April 14, 2010. The developed from the environmental actions. public is also invited to learn more critique of the proposed project, permit (9) Safety and Health: Construction- about the proposed project at an applications that HECA has filed, and operation-related safety, process safety, and management of process informal session at this location comments by regulatory agencies on beginning at 5 p.m. DOE requests that those applications, and information chemicals and materials. (10) Construction: Potential impacts anyone who wishes to speak at this from similar projects) is neither an public scoping meeting contact Dr. R. inclusive nor a predetermined set of associated with noise, traffic patterns, and construction-related emissions. Paul Detwiler, by phone, fax, e-mail, or potential impacts. This preliminary list letter (see ADDRESSES). is presented to facilitate public (11) Community Impacts: Potential comment on the planned scope of the congestion and other impacts to local Individuals who do not make advance EIS. Additions to or deletions from the traffic patterns; socioeconomic impacts arrangements to speak may register at list may occur as a result of this scoping on public services and infrastructure the meeting and will be given the process. The preliminary list of (e.g., police protection, schools, and opportunity to speak following potential environmental issues includes: utilities); noise associated with project scheduled speakers. Speakers who need (1) Atmospheric Resources: Potential operation; and environmental justice more than five minutes should indicate air quality impacts resulting from issues with respect to nearby the length of time desired in their emissions during construction and communities. request. Depending on the number of operation of the proposed HECA project (12) Cultural and Archaeological speakers, DOE may need to limit and connected actions (e.g., effects of Resources: Potential impacts to such speakers to five-minute presentations ground-level concentrations of criteria resources from construction of the initially, but will provide additional pollutants and trace metals—including project and connected actions. opportunities as time permits. Speakers mercury—on surrounding areas, (13) Cumulative Effects: Incremental can also provide written material to including those of special concern such impacts of the proposed project (e.g., supplement their presentations. Oral as Prevention of Significant incremental air emissions affecting and written comments will be given Deterioration Class I areas). Potential ambient air quality) that, when added to equal weight. cumulative effects of greenhouse gas other past, present, and reasonably DOE will begin the formal meeting emissions. foreseeable future actions, including with an overview of the proposed HECA (2) Water Resources: Potential effects connected actions, may have potentially project. DOE will designate a presiding of groundwater withdrawals and water significant impacts on the environment. officer to chair the meeting. The meeting use by the project, including potential This analysis will include potential will not be conducted as an evidentiary impacts resulting from construction and impacts on climate. hearing, and speakers will not be cross- operation of the project, including linear The level of analysis of issues in the examined. However, speakers may be facilities and any connected actions. EIS will be in accordance with their asked questions to ensure that DOE fully (3) Infrastructure and Land Use: level of importance. The most detailed understands their comments or Potential effects on existing analyses are likely to focus on potential suggestions. The presiding officer will infrastructure and land uses resulting impacts to air, water, and ecological establish the order of speakers and any from the construction and operation of resources. additional procedures necessary to the proposed project and connected Public Scoping Process conduct the meeting. sroberts on DSKD5P82C1PROD with NOTICES actions. For example, potential traffic Issued in Washington, DC, this 30th day of effects resulting from the proposed To ensure that all issues related to DOE’s Proposed Action and HECA’s March 2010. project and potential land use impacts James J. Markowsky, of committing farm land to a power 4 No threatened or endangered species have been plant. Assistant Secretary, Office of Fossil Energy. identified at the proposed plant site; three listed (4) Solid Waste: Pollution prevention [FR Doc. 2010–7723 Filed 4–5–10; 8:45 am] plant species and eight listed wildlife species may and waste management issues, occur in the ROWs of the linear facilities. BILLING CODE 6450–01–P VerDate Nov<24>2008 16:37 Apr 05, 2010 Jkt 220001 PO 00000 Frm 00034 Fmt 4703 Sfmt 9990 E:FRFM06APN1.SGM 06APN1