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60862 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices

Hostal Rio Miel, Ave. Malecon esq. Ciro Tennessee Valley Authority’s (TVA’s) which is enough electrical energy to Frias, Baracoa, 97 310 procedures for implementing the meet the needs of approximately Hotel Baracoa, 24 de Febrero esquina National Environmental Policy Act 480,000 homes. The plant consumes an Ave. Maleco´n Baracoa, (NEPA). TVA has decided to adopt the average of 3.5 million tons of coal per Guantanamo, Cuba 97 310 Preferred Alternative identified in the year, which results in the annual Hotel Caimanera, Loma Norte, Gallatin Fossil Plant (GAF) Surface production of approximately 255,000 Caimanera, Guanta´namo, Cuba 97 Impoundment Closure and Restoration tons of CCR. 800 Project Environmental Impact TVA has prepared an EIS pursuant to Hotel El Castillo, Calixto Garcia St., Statement. The Final Environmental NEPA to assess the environmental Baracoa, Cuba 97 310 Impact Statement (EIS) was made impacts associated with several projects Hotel Faro de Maisı´, La Asuncion, available to the public on August 7, to facilitate long-term management of Maisı´, Guanta´namo, Cuba 99 320 2020. A Notice of Availability of the CCR at GAF which include the Hotel Guanta´namo, Calle 13 Norte Final EIS was published in the Federal following. Guanta´namo, Cuba 95 100 Register on August 14, 2020. The • Surface impoundment closures of Hotel Martı´, Calixto Garcia Esquina Preferred Alternative is ‘‘Closure of the the Ash Pond Complex (APC) which Aguilera, Guantanamo, Cuba 95 100 Ash Pond Complex (APC) via Closure- includes Ash Pond A, Ash Pond E, Hotel Porto Santo, Carretera del by-Removal and Expansion of the Middle Pond A, Bottom Ash Pond, and Aeropuerto, Baracoa, Cuba 97 310 Existing Onsite Landfill.’’ This stilling ponds. Villa La Lupe, Carretera El Salvador, Km alternative would achieve the purpose • Permanent disposition of CCR from 3. 5, Guantanamo, Cuba 95 100 and need of the project to support the the surface impoundments, including Villa Maguana, Carretera a Moa, implementation of TVA’s goal to CCR previously removed from the Baracoa, Cuba 97 310 eliminate all wet Coal Combustion Bottom Ash Pond that may be Villa Punta de Maisı´, Punta de Maisı´, Residuals (CCR) storage at its coal plants temporarily stockpiled in the existing Guanta´namo, Cuba 95 100 by closing CCR surface impoundments onsite landfill, as well as de minimis Isla de la Juventud across the TVA system and to comply amounts of CCR proposed to be with the U.S. Environmental Protection removed from the stilling ponds. • Bella Isla Resort, , Agency’s CCR Rule and other applicable Construction of a lateral expansion Archipie´lago de los Canarreos, Isla of the existing onsite landfill. federal and state statutes and • de la Juventud, Cuba 69 400 regulations. The proposed actions Location requirements analysis for a Bellarena, Cayo Largo del Sur, beneficial re-use processing facility. would also provide long-term onsite • Archipie´lago de los Canarreos, Isla landfill space for operations and/or Disposal of CCR materials not de la Juventud, Cuba 69 400 storage of CCR. usable by a beneficial re-use processing Hotel Colony, Carretera Siguanea Km facility in either the onsite landfill or an FOR FURTHER INFORMATION CONTACT: 42, , Cuba 25 100 offsite landfill. Hotel Pelicano, Cayo Largo del Sur, Elizabeth Smith, Tennessee Valley TVA estimates that approximately Archipie´lago de los Canarreos, Isla Authority, 400 West Summit Hill Drive, 11,945,000 yd3 of CCR is located within de la Juventud, Cuba 69 400 WT11B–K, Knoxville, Tennessee 37902, the APC at GAF. TVA has evaluated the Rancho El Tesoro, Carretara Autopista, or by email [email protected]. The Final location requirements and EIS, this Record of Decision (ROD) and Km 21⁄2, Nueva Gerona, Cuba 25100 environmental impacts associated with Sol Cayo Largo, Cayo Largo del Sur, other project documents are available on the potential construction and operation Archipie´lago de los Canarreos, Isla TVA’s website https://www.tva.gov/ of an offsite proposed beneficial re-use de la Juventud, Cuba 27 900 nepa. processing facility that would be used to Villa Iguana, Cayo Largo del Sur, SUPPLEMENTARY INFORMATION: TVA is a process CCR from GAF. TVA also Archipie´lago de los Canarreos, Isla corporate agency of the United States considered potential impacts associated de la Juventud, Cuba 69 400 that provides electricity for business with the transport of CCR from GAF to Villa Isla de la Juventud, Carretera La customers and local power distributors an offsite beneficial re-use processing Fe, Km 11⁄2, Nueva Gerona, Isla de serving more than 10 million people in facility and an offsite landfill. Although la Juventud, Cuba 25 100 an 80,000 square mile area comprised of a site has currently not been identified, most of Tennessee and parts of Virginia, Peter D. Haas, TVA also conducted a supplemental North Carolina, Georgia, Alabama, NEPA analysis of two potential sites on Acting Assistant Secretary, Bureau of Mississippi, and Kentucky. TVA Economic and Business Affairs, Department the GAF Reservation for use by a of State. receives no taxpayer funding, deriving beneficial re-use processing facility. virtually all of its revenues from sales of With a long-standing commitment to [FR Doc. 2020–21376 Filed 9–25–20; 8:45 am] electricity. In addition to operation of its safe and reliable operations and to BILLING CODE 4710–29–P power system, TVA provides flood environmental stewardship, TVA began, control, navigation and land in 2009, to convert from wet to dry management for the Tennessee River management of CCR. On April 17, 2015, TENNESSEE VALLEY AUTHORITY system and assists local power the U.S. Environmental Protection Gallatin Fossil Plant Surface companies and state and local Agency (EPA) published the Final Impoundment Closure and Restoration governments with economic Disposal of Coal Combustion Residuals Project Environmental Impact development and job creation. from Electric Utilities rule (CCR Rule) in GAF was built between 1953 and Statement the Federal Register (80 Federal 1959 and operates four coal-fired, Register 21302). The CCR Rule AGENCY: Tennessee Valley Authority. steam-generating units. Four establishes national criteria and ACTION: Record of decision. combustion turbine (CT) units were schedules for the management and added to GAF in the 1970s, and another closure of CCR facilities. SUMMARY: This notice is provided in four were added in 2000. The plant In June of 2016, TVA issued a Final accordance with the Council on generates about seven billion kilowatt- Programmatic Environmental Impact Environmental Quality’s regulations and hours of electric power in a typical year, Statement (PEIS) that analyzed methods

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for closing impoundments that hold alternative would not satisfy the project and logistical purposes. This laydown/ CCR materials at TVA fossil plants and purpose and need and, therefore, is not logistical use area would support identified specific screening and considered viable or reasonable. It does, equipment storage, material stockpiles, evaluation factors to help frame its however, provide a benchmark for construction trailer placement, and evaluation of closures at additional comparing the environmental impacts of would provide direct access for facilities. The purpose of the PEIS was implementation of Alternative B. excavation and dewatering equipment to support TVA’s goal to eliminate all Alternative B—Closure of the APC via to the APC. wet CCR storage at its coal plants by Closure-by-Removal and Expansion of Closure of the surface impoundments closing CCR surface impoundments the Existing Onsite Landfill. Under may entail the addition of borrow across TVA’s system and to assist TVA Alternative B, TVA would remove the material to achieve proposed finished in complying with the EPA’s CCR Rule. CCR from the APC via Closure-by- grades and provide a suitable medium The proposed action at GAF tiers from Removal and construct a lateral to support restoration of the former the PEIS. The purpose, therefore, is to expansion of the existing onsite landfill. impoundment with approved, non- address the disposition of CCR onsite at In addition to CCR located in the invasive seed mixes designed to quickly GAF, to support the implementation of impoundments, any CCR that may have establish desirable vegetation. Suitable TVA’s goal to eliminate all wet CCR been previously removed from the borrow material would be obtained from storage at its coal plants by closing CCR Bottom Ash Pond in conjunction with a the TVA-owned permitted borrow site surface impoundments across the TVA previous GAF wastewater project, and located 1.5 miles northwest of the fossil system, and to assist TVA in complying that may be temporarily stockpiled in plant. with EPA’s CCR Rule and other the existing onsite landfill, would also applicable federal and state statutes and The existing onsite landfill at GAF, be removed. the 52-acre NRL Landfill, is a Class II regulations. The proposed actions The primary actions under would also provide long-term onsite disposal facility that went into service Alternative B that TVA is considering at in 2016. The NRL Landfill has a landfill space for operations and/or GAF consist of closure of the surface storage of CCR. permitted disposal capacity of impoundments that make up the APC approximately 6.8 million yd3 and is Alternatives Considered and expansion of the existing onsite currently utilized for disposal of CCR landfill. Closure of the APC will require TVA considered two alternatives in produced by GAF operations. The NRL stabilization of ponded areas and the Draft EIS and Final EIS with two Landfill does not have the capacity for removal of CCR material and underlying options for disposal and transport of storage of the estimated 11.9 million yd3 soil within the impoundment footprint. CCR. These alternatives are: of CCR contained in the APC. Therefore, Alternative A—No Action Alternative. Specific closure activities would TVA is proposing to permit and develop Under the No Action Alternative, TVA include: an expansion of the NRL Landfill to • would not close any of the surface Dewatering store the CCR currently contained in the • impoundments (neither in-place nor by Clearing and grubbing APC. The expansion would be of • removal), would not construct an Karst remediation, if necessary sufficient size to store ash removed from • expansion of the existing onsite landfill, Excavation of ash using a tracked these surface impoundments and would and would not complete any restorative excavator and staging CCR material also provide additional storage capacity • actions at GAF. Under the No Action Mechanical moisture conditioning the to supplement the capacity of the NRL Alternative, all plant process excavated ash by dumping, scooping, Landfill. wastewaters would be handled through and windrowing the ash within the The lateral landfill expansion, the flow management system, which existing footprint of the impoundment referred to as the South Rail Loop (SRL) includes the bottom ash dewatering until it is sufficiently dried for Landfill, will contain a 130-acre facility. The stilling ponds would hauling • disposal area adjacent to the NRL continue to receive storm water. TVA Storm water management • Landfill with an approximate landfill would continue safety inspections of Over-excavation of soil within the volume of 17.2 million yd3. The structural elements to maintain stability, impoundment footprint • estimated capacity provides adequate and all surface impoundments would be Hauling dry ash and soil to the onsite storage capacity for CCR removed from subject to continued care and permitted landfill or beneficial re-use the surface impoundments at GAF. maintenance activities. Under the No processing facility Construction of the landfill expansion Action Alternative, TVA would also Following excavation activities, lower would require the disturbance of 174 continue its groundwater monitoring portions of the APC would be converted acres of primarily undeveloped land program at GAF until groundwater to storm water management basins with and previously developed areas protection standards are reached or as appropriate approvals. The stilling associated with plant operations. required under TVA’s agreement with ponds would continue to receive storm Landfill development in this location the Tennessee Department of water from existing offsite areas north would also require disturbance of Environment and Conservation (TDEC) and east of the ponds and could streams, wetlands, and cemeteries. [i.e., approved Corrective Action/Risk continue to receive storm water runoff Other ancillary facilities and actions Assessment Plan (CARA Plan)]. from the restored pond area. Upon affected by landfill development The No Action Alternative provides a completion of closure activities, the site include: baseline for potential changes to would be graded and vegetated to • environmental resources; however, the provide appropriate surface water Relocation of a communications tower alternative is inconsistent with TVA’s management. and ammonia sensor, • plans to convert all of its wet CCR To facilitate the construction the closure and remediation of a systems to dry systems. The No Action activities associated with closing the decommissioned firearms range, Alternative also would be inconsistent surface impoundments, an • demolition of existing conference with EPA’s CCR Rule and TVA’s approximately 31-acre area located center/facilities building, and commitments to the State of Tennessee between the NRL Landfill and Ash Pond • development of an office complex and TDEC. Consequently, this A would be used for laydown, access, facility.

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Under Alternative B, TVA is onsite landfill. Under Option 1, CCR the impoundments at GAF would be considering two options for disposal of removed from surface impoundments disposed in a permitted landfill. CCR removed from the APC. Option 1, would be transported via onsite haul Closure of the impoundments and CCR removed from surface roads and placed in either the existing expansion of the existing onsite landfill impoundments would be transported onsite NRL Landfill, an expansion of the could impact six cemeteries located via onsite haul roads and placed in existing landfill (SRL Landfill), or a within the GAF reservation. Because of either the existing onsite NRL Landfill, combination of these landfills. Option 1 the potential importance of these an expansion of the existing landfill would result in minor impacts to the cemeteries to the surrounding (SRL Landfill), or a combination of these natural environment primarily from the community and to local history, and in landfills. construction of the onsite landfill, but order to respect state law regarding Under Option 2, CCR would be these are not significant and are cemeteries, TVA proposes to remove all transported to an offsite beneficial re- mitigated, as appropriate. Under Option graves in the affected cemeteries and use processing facility to be processed 1, air and noise emissions, relocate them to a new burial ground in for use in concrete and other marketable transportation impacts, safety risks and consultation with the Tennessee State materials. Under Option 2, some of the disruptions to the public that would be Historic Preservation Officer (SHPO), CCR may be unusable for beneficial re- associated with the offsite transport of federally-recognized Indian tribes, and use and would be disposed of in either CCR along public roadways are interested members of the Gallatin the onsite landfill or transported to an minimized relative to Option 2. community. In consultation with the existing offsite landfill previously Removal of CCR from the SHPO, TVA proposes delineating the permitted to receive CCR. TVA impoundments would result in cemetery boundaries, generating estimates that a minimum of 80% of predominantly minor impacts to the accurate maps, completing historical CCR in the APC, or approximately natural environment (surface water, and genealogical research, engaging the 800,000 yd3 per year, could be floodplains, vegetation, wildlife, aquatic community in the cemetery relocation beneficially re-used, with the remaining ecology and wetlands), that would be project, completing analyses of grave CCR, up to 200,000 yd3 per year, temporary and localized. Alternative B contents, and installing signage or a transported to a landfill for disposal. would provide a long-term benefit to marker. TVA would also ensure the No specific provider of the groundwater by the removal of the relocation cemetery preserves beneficiation services or the specific site potential future source of CCR information about the original in which a beneficial re-use processing constituents from the impoundments to cemeteries and is accessible to members facility would be constructed has been groundwater. It would also eliminate of the public. These measures are developed at this time. However, TVA the potential interaction between the further stipulated in a Memorandum of recognizes that such a facility would be CCR and the uppermost aquifer and Agreement (MOA) that has been signed constructed and operated because TVA eliminate new groundwater risk from by TVA and the SHPO. With the signing has the necessary raw materials (i.e., groundwater constituents of concern of the MOA, TVA may proceed with the CCR) to make such a facility viable. It potentially migrating offsite. project under the National Historic is expected that such a facility would be No federal post-closure care measures Preservation Act (NHPA) Section 106 as sited and constructed within 10 miles of are currently required as the long as TVA remains in compliance GAF or the nearest interstate system impoundments would be closed under with the obligations set forth in the serving the GAF area to facilitate the Closure-by-Removal option. State MOA. After completing these steps, efficient transport of CCR. TVA has requirements for post-closure care TVA would reinter all the graves in the developed information to characterize would be implemented as needed and relocation cemetery with the original the beneficiation facility and its the CARA Plan would be implemented. grave markers. associated processes to support an TVA will implement supplemental Under NHPA Section 106, TVA has analysis of environmental impacts of mitigative measures as required by consulted with the SHPO regarding such a facility in conjunction with TDEC, as well as its approved closure TVA’s determination that five of the Alternative B (Option 2). Because a plan, which could include additional cemeteries are potentially eligible for specific site for the potential beneficial groundwater monitoring, assessment or the NRHP. Under the MOA, TVA will re-use processing facility has not been corrective action programs. There would carry out additional investigations to identified, impacts of this option to be only minor short-term impacts to the more fully determine the cemeteries’ process CCR from GAF are based on a natural environment associated with NRHP eligibility. These investigations bounding analysis of the characteristics transport of CCR to an offsite beneficial will include informant interviews, of a representative beneficial re-use re-use processing facility or offsite examinations of additional historical processing facility. landfill. records, and a tabulation of the remains Impacts to the human environment found in disinterred graves. Should the Environmentally Preferred Alternative (air quality, climate change, visual investigations indicate that any of the Alternative A—No Action would resources, land use, socioeconomics, cemeteries to be relocated would qualify result in the lowest level of and public and worker safety) would be for inclusion in the NRHP, TVA will environmental impacts as the impacts primarily related to closure activities make a finding of adverse effect, will associated with closure of the and landfill construction, and would be consult further with the SHPO and other impoundments and disposal of CCR minor and short-term. Although the consulting parties, and will perform under Alternative B would be avoided. proposed closure of the impoundments mitigation steps to resolve the adverse However, Alternative A—No Action, would have a minor impact on the effect. does not meet the purpose and need for regional transportation system, there the project. TVA’s preferred alternative could be moderate localized impacts to Decision is Alternative B with Option 1 as it low volume roadways due to increased TVA has decided to implement the would achieve the purpose and need of operations, construction workforce, and preferred alternative identified in the the project. Alternative B would include borrow transport. There would be no Final EIS: Alternative B—Closure of the the closure of the APC by removal and effect to solid and hazardous waste, APC via Closure-by-Removal and the lateral expansion of the existing although CCR previously managed in Expansion of the Existing Onsite

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Landfill, with Option 1. This alternative NOA in the Federal Register opened the Erosion and Sediment Control would achieve the purpose and need of 45-day comment period, which ended Handbook. the project. Option 2 would also meet on February 18, 2020. To solicit public • Erosion and sedimentation control the purpose and need and would have input, the availability of the Draft EIS BMPs described in The Tennessee similar impacts to Option 1; however, was announced in regional and local Erosion and Sediment Control impacts related to air emissions, noise newspapers serving the Gallatin area. Handbook—4th Edition and outlined in emissions, transportation impacts, The Draft EIS was posted on TVA’s the project-specific SWPPP will be safety risks and disruptions to the website, and hard copies were made implemented to minimize erosion, public that would be associated with the available by request. TVA hosted an protect surface waters and groundwater, offsite transport of CCR along public open house meeting to solicit public and preserve soils and geologic features roadways would be greater. Although input on January 16, 2020, at the during construction and site restoration TVA has chosen Option 1 for onsite Gallatin Civic Center in Gallatin, activities. CCR disposal at GAF, TVA is committed Tennessee to allow the public to attend • Equipment washing and dust to evaluating emerging technologies and at their convenience and meet with TVA control discharges will be handled in best practices for beneficial re-use of staff to discuss the project on an accordance with BMPs described in the CCR and for handling/transportation of informal basis. Construction General Permit’s SWPPP CCR in the future. TVA accepted comments submitted or BMP Plan required by the site’s Public Involvement through mail, email, a comment form on NPDES Permit TN0005428 to minimize TVA’s public website, and at the public construction impacts to surface waters. On December 7, 2018, a Notice of meeting. TVA received 96 comment • BMPs for herbicide and fertilizer Intent (NOI) to prepare an EIS to address submissions from members of the application and to control sediment the closure of the APC and expansion of public, organizations and state and infiltration will be used to protect the existing landfill at GAF was federal agencies. Comment submissions groundwater. published in the Federal Register. In were carefully reviewed and compiled • TVA will comply with fugitive dust addition to the NOI in the Federal into 127 specific comments which emission standards specified in the Register, TVA published information received responses. Most of the GAF’s Title V Operating Air Permit, the about the review on TVA’s project comments received were of a general GAF CCR fugitive dust control plan and website, notified the media, and sent nature, such as the promotion of clean associated BMPs, and the construction notices to numerous individuals, air and water and environmental permit from TDEC. organizations, local and regional stewardship. Other comments received • stakeholders, governments and Noise emissions will be minimized were related to public health and safety, through implementation of BMPs. interested parties. • Public comments on the scope of the groundwater impacts, sufficiency of the Customary industrial safety EIS were collected from December 7, bounding analyses, beneficial re-use, standards including OSHA 2018 through January 11, 2019. TVA cemetery relocation, and consideration requirements for workers will be received 13 comment submissions from of impacts to communities requiring followed during all project activities. • members of the public and state and environmental justice considerations. Sanitary wastes generated during federal agencies. Comments received on TVA provided responses to these construction activities will be collected the proposed alternatives generally comments, made appropriate minor by the existing onsite septic system(s) or expressed concern regarding onsite revisions to the Draft EIS and issued the by means of portable toilets (i.e., porta storage of CCR material and requested Final EIS. The NOA for the Final EIS lets). that it be moved to an offsite location was published in the Federal Register • Solid and hazardous wastes away from the Cumberland River or on August 14, 2020. generated by proposed project activities other bodies of water. Other Mitigation Measures will be managed in accordance with commenters stressed concerns regarding standard procedures for spill prevention potential risks to surface water and TVA will use appropriate best and cleanup and waste management ground water quality in conjunction management practices (BMPs) during all protocols in accordance with pertinent with the disposition of CCR in the phases of closure of the APC and federal, state and local requirements. existing ash ponds. Comments also expansion of the existing onsite landfill. • Consistent with E.O. 13112 as included requests that the EIS include Mitigation measures and actions taken amended by E.O. 13751, disturbed areas analysis of impacts to fish and wildlife to reduce adverse impacts associated will be graded and revegetated with resources. Several commenters with the proposed action are detailed in native or non-native, non-invasive plant expressed a desire to close the ash the Final EIS and include: species to avoid the introduction or ponds by removal to reduce potential • Standard BMPs will be applied spread of invasive species. effects to sensitive resources and to during construction activities to • A CCR removal plan will be consider the closure of coal plants to be minimize environmental effects and submitted for TDEC approval prior to replaced with natural gas or renewable would be implemented by construction removal. energy. A comment was received personnel or included in contract • The proposed new SRL landfill requesting the EIS provide more detail specifications. expansion would adhere to TDEC Class regarding the beneficiation process and • A General Permit for Storm Water II permitting and EPA CCR Rule its potential issues relating to heavy Discharges Associated with requirements. metals. TVA considered these Construction Activities TNR100000 or • Potential risk and impact to karst comments in the preparation of the an Individual Construction Storm Water features will be investigated and Final EIS. Permit will be obtained and would mitigated during construction activities TVA released the Draft EIS for public require development of a project- according to a karst mitigation plan that review on December 27, 2019. A Notice specific Storm Water Pollution recommends stages and actions to be of Availability (NOA) for the Draft EIS Prevention Plan (SWPPP) in accordance performed both prior to landfill was published in the Federal Register with the TDEC General Construction construction and during landfill on January 4, 2020. Publication of the Storm Water permit and the Tennessee construction.

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• State requirements for post-closure impoundments at GAF after closure is Building Ground Floor, Room W12–140, care and/or remediation will be completed, TVA will implement 1200 New Jersey Avenue SE, implemented as needed and the CARA supplemental mitigative measures as Washington, DC 20590, between 9 a.m. Plan will be implemented. required by TDEC, as well as its and 5 p.m., Monday through Friday, • Leachate from the proposed landfill approved closure plan, which could except Federal holidays. expansion will be collected in either a include additional groundwater FOR FURTHER INFORMATION CONTACT: collection tank or a sump and pumped monitoring, assessment or corrective Sarah Pascual 202–366–0087, to the flow management system, where action programs. • [email protected]; Office of Safety, it will be treated prior to discharge from If the proposed action were to Federal Highway Administration, a permitted NPDES outfall. change significantly from that described • Department of Transportation, New The conservation measures required in the EIS because of additional or new Jersey Avenue SE, Washington, DC for this project are identified on pages information, additional environmental 20590–0001. Office hours are from 8:00 5–7 of the TVA Bat Strategy Project analyses will be undertaken if a.m. to 4:30 p.m., Monday through Screening Form, and they will be necessary. Friday, except Federal holidays. implemented as part of the proposed Dated: September 17, 2020. SUPPLEMENTARY INFORMATION: project. Robert M. Deacy, Sr., • A survey will be performed Title: Drug Offender’s Driver’s License between one and three months prior to Senior Vice President, Generation Suspension Certification. Construction, Projects & Services, Tennessee OMB Control No.: 2125–0579. removal of structures located within the Valley Authority. landfill expansion footprint to Background: States are legally [FR Doc. 2020–21076 Filed 9–25–20; 8:45 am] determine if wildlife or active nests of required to enact and enforce laws that migratory birds are present. BILLING CODE 8120–08–P revoke or suspend the drivers licenses • Should the two osprey nests located of any individual convicted of a drug on transmission line towers within the offense and to make annual proposed project area be active in future DEPARTMENT OF TRANSPORTATION certifications to the FHWA on their actions. The Department of years, ash pond closure activities will be Federal Highway Administration minimized within a 660-foot diameter Transportation’s implementing buffer around the nest during the osprey [Docket No. FHWA–2020–0016] regulations (23 CFR part 192) of 23 nesting season. U.S.C. 159 require annual certifications • A Tennessee Stream Quantification Agency Information Collection by the Governors. In this regard, the Tool will be required per TDEC Activities: Notice of Request for State must submit by January 1 of each regulations to assess the quality of Reinstatement of Currently Approved year either a written certification, signed streams to be impacted by the proposed Information Collection by the Governor, stating that the State is in compliance with 23 U.S.C. 159; or a projects. A TDEC Section 401 Water AGENCY: Federal Highway written certification stating that the Quality Certification/ARAP and USACE Administration (FHWA), DOT. Governor is opposed to the enactment or 404 permit will be required for ACTION: Notice of request for extension disturbance to wetlands and stream enforcement, and that the State of currently approved information legislature has adopted a resolution features, and the terms and conditions collection. of these permits would include expressing its opposition to 23 U.S.C. mitigation for unavoidable adverse SUMMARY: The FHWA invites public 159. impacts. comments about our intention to request Beginning in Fiscal Year 2012, States’ • Non-critical actions proposed the Office of Management and Budget’s failure to comply by October 1 of each within the 100-year floodplain that were (OMB) approval for renewal of an fiscal year resulted in a withholding not reviewed in TVA’s 1981 Class existing information collection that is penalty of 8 percent from States’ Review of Repetitive Actions in the 100- summarized below under apportionments for the fiscal year. Any Year Floodplain will be subject to SUPPLEMENTARY INFORMATION. We are funds withheld from a State under 23 further review under the floodplains No required to publish this notice in the U.S.C. 159 shall not be available for Practicable Alternative analysis. Critical Federal Register by the Paperwork apportionment to that State. actions would need to be located Reduction Act of 1995. Respondents: 50 States and the outside the 500-year floodplain. Specific DATES: Please submit comments by District of Columbia and . conditions to minimize adverse impacts November 27, 2020. Estimated Annual Burden Hours: for any non-critical actions proposed ADDRESSES: You may submit comments Annual average of 5 hours for each within the 100-year floodplain will be identified by DOT Docket ID 2020–0016 respondent; 260 total annual burden determined in a subsequent by any of the following methods: hours. environmental review. Website: For access to the docket to Public Comments Invited: You are • TVA will mitigate impacts to read background documents or asked to comment on any aspect of this cemeteries located within the project comments received go to the Federal information collection, including: (1) area by removing all graves and eRulemaking Portal: Go to http:// Whether the proposed collection is relocating them to a new burial ground www.regulations.gov. necessary for the FHWA’s performance; per stipulations outlined in the MOA Follow the online instructions for (2) the accuracy of the estimated signed by TVA and the SHPO. submitting comments. burdens; (3) ways for the FHWA to • TVA commits to conducting a Fax: 1–202–493–2251. enhance the quality, usefulness, and traffic analysis and traffic management Mail: Docket Management Facility, clarity of the collected information; and plan to identify and evaluate potential U.S. Department of Transportation, (4) ways that the burden could be mitigative measures and their West Building Ground Floor, Room minimized, including the use of effectiveness for reducing traffic related W12–140, 1200 New Jersey Avenue SE, electronic technology, without reducing impacts. Washington, DC 20590–0001. the quality of the collected information. • In addition to any federal Hand Delivery or Courier: U.S. The agency will summarize and/or requirements that may apply to the Department of Transportation, West include your comments in the request

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