51198 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices 

1 18 CFR 385.2001–2005 (2015). 

Preliminary Determination: The 

proposed addition of the hydroelectric 

project along the existing irrigation 

canal will not alter its primary purpose. 

Therefore, based upon the above 

criteria, Commission staff preliminarily 

determines that the proposal satisfies 

the requirements for a qualifying 

conduit hydropower facility, which is 

not required to be licensed or exempted 

from licensing. 

Comments and Motions to Intervene: 

Deadline for filing comments contesting 

whether the facility meets the qualifying 

criteria is 45 days from the issuance 

date of this notice. 

Deadline for filing motions to 

intervene is 30 days from the issuance 

date of this notice. 

Anyone may submit comments or a 

motion to intervene in accordance with 

the requirements of Rules of Practice 

and Procedure, 18 CFR 385.210 and 

385.214. Any motions to intervene must 

be received on or before the specified 

deadline date for the particular 

proceeding. 

Filing and Service of Responsive 

Documents: All filings must (1) bear in 

all capital letters the ‘‘COMMENTS 

CONTESTING QUALIFICATION FOR A 

CONDUIT HYDROPOWER FACILITY’’ 

or ‘‘MOTION TO INTERVENE,’’ as 

applicable; (2) state in the heading the 

name of the applicant and the project 

number of the application to which the 

filing responds; (3) state the name, 

address, and telephone number of the 

person filing; and (4) otherwise comply 

with the requirements of sections 

385.2001 through 385.2005 of the 

Commission’s regulations.1 All 

comments contesting Commission staff’s 

preliminary determination that the 

facility meets the qualifying criteria 

must set forth their evidentiary basis. 

The Commission strongly encourages 

electronic filing. Please file motions to 

intervene and comments using the 

Commission’s eFiling system at http://

www.ferc.gov/docs-filing/efiling.asp. 

Commenters can submit brief comments 

up to 6,000 characters, without prior 

registration, using the eComment system 

at http://www.ferc.gov/docs-filing/

ecomment.asp. You must include your 

name and contact information at the end 

of your comments. For assistance, 

please contact FERC Online Support at 

FERCOnlineSupport@ferc.gov, (866) 

208–3676 (toll free), or (202) 502–8659 

(TTY). In lieu of electronic filing, please 

send a paper copy to: Secretary, Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 20426. 

A copy of all other filings in reference 

to this application must be accompanied 

by proof of service on all persons listed 

in the service list prepared by the 

Commission in this proceeding, in 

accordance with 18 CFR 4.34(b) and 

385.2010. 

Locations of Notice of Intent: Copies 

of the notice of intent can be obtained 

directly from the applicant or such 

copies can be viewed and reproduced at 

the Commission in its Public Reference 

Room, Room 2A, 888 First Street NE., 

Washington, DC 20426. The filing may 

also be viewed on the web at http://

www.ferc.gov/docs-filing/elibrary.asp 

using the ‘‘eLibrary’’ link. Enter the 

docket number (i.e., CD16–17) in the 

docket number field to access the 

document. For assistance, call toll-free 

1–866–208–3676 or email 

FERCOnlineSupport@ferc.gov. For TTY, 

call (202) 502–8659. 

Dated: July 28, 2016. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2016–18358 Filed 8–2–16; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Petitions IV–2014–5 and –6; FRL–9950–17– 

Region 4] 

Clean Air Act Operating Permit 

Program; Petitions for Objection to 

State Operating Permits for ABC Coke 

and Walter Coke (Jefferson County, 

Alabama) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final order on 

petitions to object to state operating 

permits. 

SUMMARY: The Environmental Protection 

Agency (EPA) Administrator signed an 

Order, dated July 15, 2016, denying 

petitions to object to Clean Air Act 

(CAA) title V operating permits issued 

by the Jefferson County Department of 

Health (JCDH) to ABC Coke for its 

facility located in Tarrant and Walter 

Coke for its facility located in North 

Birmingham, both in Jefferson County, 

Alabama. This Order constitutes a final 

action on the petitions submitted by 

Gasp (Petitioner) and received by EPA 

on October 3, 2014, and December 2, 

2014, respectively. 

ADDRESSES: Copies of the Order, the 

petitions, and all pertinent information 

relating thereto are on file at the 

following location: EPA Region 4; Air, 

Pesticides and Toxics Management 

Division; 61 Forsyth Street SW., Atlanta, 

Georgia 30303–8960. The Order is also 

available electronically at the following 

address: https://www.epa.gov/sites/

production/files/2016-07/documents/

gasp_response2014.pdf. 

FOR FURTHER INFORMATION CONTACT: Art 

Hofmeister, Air Permits Section, EPA 

Region 4, at (404) 562–9115 or 

hofmeister.art@epa.gov. 

SUPPLEMENTARY INFORMATION: The CAA 

affords EPA a 45-day period to review 

and, as appropriate, the authority to 

object to operating permits proposed by 

state permitting authorities under title V 

of the CAA, 42 U.S.C. 7661–7661f. 

Section 505(b)(2) of the CAA and 40 

CFR 70.8(d) authorize any person to 

petition the EPA Administrator to object 

to a title V operating permit within 60 

days after the expiration of EPA’s 45- 

day review period if EPA has not 

objected on its own initiative. Petitions 

must be based only on objections to the 

permit that were raised with reasonable 

specificity during the public comment 

period provided by the state, unless the 

petitioner demonstrates that it was 

impracticable to raise these issues 

during the comment period or the 

grounds for the issues arose after this 

period. Pursuant to sections 307(b) and 

505(b)(2) of the CAA, a petition for 

judicial review of those parts of the 

Order that deny issues in the petition 

may be filed in the United States Court 

of Appeals for the appropriate circuit 

within 60 days from the date this notice 

is published in the Federal Register. 

Petitioners submitted petitions 

regarding the aforementioned ABC Coke 

and Walter Coke facilities, requesting 

that EPA object to the CAA title V 

operating permits (#4–07–0001–03 and 

4–07–0355–03, respectively). Petitioner 

alleged that the permits were not 

consistent with the CAA because: (1) 

They lack the conditions necessary to 

assure compliance with the general 

prohibition against ‘‘air pollution’’; (2) 

they contain conditions governing 

fugitive dust that are too vague or too 

restrictive; and (3) JCDH failed to 

provide Petitioner with sufficient 

emissions information to participate 

meaningfully in the permitting process 

with respect to Walter Coke. 

On July 15, 2016, the Administrator 

issued an Order denying the petitions. 

The Order explains EPA’s rationale for 

denying the petitions. 

Dated: July 26, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2016–18394 Filed 8–2–16; 8:45 am] 

BILLING CODE 6560–50–P 


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