105564 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Notices 

You may register online at https://

ferconline.ferc.gov/FERCOnline.aspx to 

be notified via email of new filings and 

issuances related to this or other 

pending projects. For assistance, contact 

FERC Online Support. 

o. The applicant states its unequivocal 

intent to submit an application for an 

original license for Project No. 15262. 

p. The Commission’s Office of Public 

Participation (OPP) supports meaningful 

public engagement and participation in 

Commission proceedings. OPP can help 

members of the public, including 

landowners, environmental justice 

communities, Tribal members and 

others, access publicly available 

information and navigate Commission 

processes. For public inquiries and 

assistance with making filings such as 

interventions, comments, or requests for 

rehearing, the public is encouraged to 

contact OPP at (202) 502–6595 or OPP@

ferc.gov. 

Dated: December 18, 2024. 

Debbie-Anne A. Reese, 

Secretary. 

[FR Doc. 2024–30868 Filed 12–26–24; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2514–209] 

Appalachian Power Company; Notice 

of Availability of Environmental 

Assessment 

In accordance with the National 

Environmental Policy Act of 1969 and 

the Federal Energy Regulatory 

Commission’s (Commission) 

regulations, 18 CFR part 380, the Office 

of Energy Projects has reviewed the 

application for a new license to 

continue to operate and maintain the 

Byllesby-Buck Hydroelectric Project 

(Byllesby-Buck Project). The ByllesbyBuck Project is located on the New 

River, in Carroll County, Virginia. 

The environmental assessment (EA) 

contains staff’s analysis of the potential 

environmental impacts of the project 

and concludes that licensing the project, 

with appropriate environmental 

protective measures, would not 

constitute a major Federal action that 

would significantly affect the quality of 

the human environment. 

The Commission provides all 

interested persons with an opportunity 

to view and/or print the EA via the 

internet through the Commission’s 

Home Page (https://www.ferc.gov/), 

using the ‘‘eLibrary’’ link. Enter the 

docket number, excluding the last three 

digits in the docket number field, to 

access the document. For assistance, 

contact FERC Online Support at 

FERCOnlineSupport@ferc.gov, or tollfree at (866) 208–3676, or for TTY, (202) 

502–8659. 

You may also register online at 

https://ferconline.ferc.gov/ 

FERCOnline.aspx to be notified via 

email of new filings and issuances 

related to this or other pending projects. 

For assistance, contact FERC Online 

Support. 

Any comments should be filed within 

45 days from the date of this notice. 

The Commission strongly encourages 

electronic filing. Please file comments 

using the Commission’s eFiling system 

at https://ferconline.ferc.gov/ 

FERCOnline.aspx. Commenters can 

submit brief comments up to 6,000 

characters, without prior registration, 

using the eComment system at https:// 

ferconline.ferc.gov/ 

QuickComment.aspx. For assistance, 

please contact FERC Online Support. In 

lieu of electronic filing, you may submit 

a paper copy. Submissions sent via the 

U.S. Postal Service must be addressed 

to: Debbie-Anne A. Reese, Secretary, 

Federal Energy Regulatory Commission, 

888 First Street NE, Room 1A, 

Washington, DC 20426. Submissions 

sent via any other carrier must be 

addressed to: Debbie-Anne A. Reese, 

Secretary, Federal Energy Regulatory 

Commission, 12225 Wilkins Avenue, 

Rockville, Maryland 20852. The first 

page of any filing should include docket 

number P–2514–209. 

The Commission’s Office of Public 

Participation (OPP) supports meaningful 

public engagement and participation in 

Commission proceedings. OPP can help 

members of the public, including 

landowners, environmental justice 

communities, Tribal members and 

others, access publicly available 

information and navigate Commission 

processes. For public inquiries and 

assistance with making filings such as 

interventions, comments, or requests for 

rehearing, the public is encouraged to 

contact OPP at (202) 502–6595 or OPP@

ferc.gov. 

For further information, contact Jody 

Callihan at (202) 502–8278 or by email 

at jody.callihan@ferc.gov. 

Dated: December 19, 2024. 

Debbie-Anne A. Reese, 

Secretary. 

[FR Doc. 2024–31048 Filed 12–26–24; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

Loveland Area Projects—Rate Order 

No. WAPA–219 

AGENCY: Western Area Power 

Administration, DOE. 

ACTION: Notice of proposed transmission 

and ancillary services formula rates. 

SUMMARY: The Rocky Mountain (RM) 

region of the Western Area Power 

Administration (WAPA) proposes new 

formula rates for the Loveland Area 

Projects (LAP) transmission and 

ancillary services for RM’s costs to be 

recovered under the Southwest Power 

Pool’s (SPP) Open Access Transmission 

Tariff (Tariff) should RM decide to 

become a member of SPP. The proposed 

formula rates will become effective on 

the latter of RM’s membership date or 

the go-live date of the expansion of the 

SPP Regional Transmission 

Organization (RTO) into the Western 

Interconnection (scheduled for April 1, 

2026, as of the date of this notice) and 

will remain in effect for five years from 

the effective date, which with an 

effective date of April 1, 2026, will be 

March 31, 2031, or until superseded. 

DATES: A consultation and comment 

period will begin December 27, 2024 

and end March 27, 2025. RM will 

present a detailed explanation of the 

proposed formula rates and other 

modifications at a public information 

forum that will be held on February 19, 

2025, at 11 a.m. MST to no later than 

12 noon MST. RM will also host a 

public comment forum on February 19, 

2025, at 12:15 p.m. MST to no later than 

1 p.m. MST. The public information 

forum and the public comment forum 

will be conducted virtually. Instructions 

for participating in the forums will be 

posted on RM’s Rates website at least 14 

days prior to the public information and 

comment forums at:www.wapa.gov/ 

about-wapa/regions/rm/rm-rates/2026- 

rate-adjustment-rto-trans-and-anc-svcs. 

RM will accept comments any time 

during the consultation and comment 

period. 

ADDRESSES: Written comments and 

requests to be informed of Federal 

Energy Regulatory Commission (FERC) 

actions concerning the proposed 

formula rates submitted by WAPA to 

FERC for approval should be sent to: 

Barton V. Barnhart, Regional Manager, 

Rocky Mountain Region, Western Area 

Power Administration, 5555 East 

Crossroads Boulevard, Loveland, CO 

80538–8986, or email LAPTransAdj@

wapa.gov. RM will post information 

about the proposed formula rates and 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Notices 105565 

1Southwest Power Pool, Inc., Submission of 

Revisions to Tariff, Bylaws, and Membership 

Agreement to Expand the Regional Transmission 

Organization into the Western Interconnections 

(Part 1 of 2) and (Part 2 of 2), Docket Nos. ER24– 

2184, ER24–2185 (June 4, 2024). 

2WAPA’s Colorado River Storage Project 

Management Center also plans to become a member 

of the SPP RTO, and WAPA’s Upper Great Plains 

region plans to expand membership participation in 

the SPP RTO. These regions are proposing new 

formula rate designs/rate schedules under separate 

Rate Order Nos. WAPA–220 and WAPA–218, 

respectively. 

3 ‘‘Incremental Market Efficiency Use 

(Incremental MEU) Charge: A market recovery 

mechanism to compensate West DC Tie 

Transmission Owners for the expected loss of life 

of certain West DC Tie facilities due to increased 

utilization of the West DC Ties by the Integrated 

Marketplace.’’ (SPP Proposed Tariff at Part I, 

Section 1, I Definitions.) 

4 ‘‘DC Tie Access Charge: A charge on a 

transmission reservation utilizing a West DC Tie 

that sinks outside of the Zone where the West DC 

Tie is located. The Transmission Customer shall be 

responsible for DC Tie Access Charge determined 

in accordance with Schedule 14.’’ (SPP Proposed 

Tariff at Part I, Section 1, D Definitions.) 

written comments received to its Rates 

website at: www.wapa.gov/about-wapa/ 

regions/rm/rm-rates/2026-rateadjustment-rto-trans-and-anc-svcs 

FOR FURTHER INFORMATION CONTACT: 

Sheila D. Cook, Rates Manager, Rocky 

Mountain Region, Western Area Power 

Administration, (970) 685–9562 or 

email: scook@wapa.gov. 

SUPPLEMENTARY INFORMATION: On April 

28, 2023, WAPA published a Federal 

Register notice titled ‘‘Recommendation 

for the Western Area Power 

Administration’s Rocky Mountain 

Region and Colorado River Storage 

Project Management Center to Pursue 

Final Negotiations Regarding 

Membership in the Southwest Power 

Pool Regional Transmission 

Organization, and for the Upper Great 

Plains Region to Expand its 

Participation’’ (88 FR 26298). On June 4, 

2024, SPP submitted revisions to its 

Tariff, Bylaws, and Membership 

Agreement to expand the SPP RTO into 

the Western Interconnection to FERC.1

If SPP succeeds in obtaining FERC’s 

approval of its Tariff, Bylaws, and 

Membership Agreement revisions, and 

upon further approval by the 

Administrator, RM plans to become a 

member of SPP.2

RM’s membership will include RM 

becoming a Transmission Owner 

member of SPP and SPP assuming the 

balancing authority (BA) responsibilities 

for RM’s Western Area Colorado 

Missouri (WACM) BA area. WAPA will 

transfer functional control of eligible 

LAP transmission facilities to SPP. At 

such time, LAP transmission and 

ancillary services and WACM BA 

ancillary services will no longer be 

available under WAPA’s Tariff, and 

RM’s BA contracts and the existing 

transmission and ancillary services rate 

schedules, specifically L–NT1, L–FPT1, 

L–NFPT1, L–UU1, L–AS1, L–AS2, L– 

AS3, L–AS4, L–AS5, L–AS6, L–AS7, 

and L–AS9, will no longer be 

applicable. 

LAP transmission service will be 

provided under the SPP Tariff by SPP as 

the transmission service provider. 

Accordingly, RM will need to have new 

rate designs/rate schedules and rate 

implementation protocols in place for 

specific costs to be recovered under the 

SPP Tariff. 

As of the date of this notice, SPP’s 

anticipated deadline for filing certain 

SPP Tariff documents for RM (including 

annual revenue requirements (ARR), 

formula rate templates, and formula rate 

implementation protocols proposed in 

this rate filing, as well as other pertinent 

documents not included in this rate 

filing) with FERC is October 2025. RM 

is publishing this notice of proposed 

formula rates and initiating the rate 

consultation and comment period at this 

time in order for RM to obtain FERCapproved formula rates prior to this SPP 

deadline. 

If RM does not become a member of 

SPP, further actions under this notice of 

proposed rates will be canceled, and 

existing formula rates will remain in 

effect. If canceled, RM will inform 

customers by letter and by posting 

notice of such on RM’s Rates website 

(www.wapa.gov/about-wapa/regions/ 

rm/rm-rates/2026-rate-adjustment-rtotrans-and-anc-svcs) and will withdraw 

the formula rates proposed in this 

notice. 

RM is proposing a new formula rate 

to calculate the ARRs for its LAP 

transmission facilities located in both 

the Eastern and Western 

Interconnections and for its Virginia 

Smith Converter Station (Sidney DC 

Tie) that will be transferred to the 

functional control of SPP under the SPP 

Tariff. RM is also proposing a new 

formula rate to calculate the Sidney DC 

Tie Incremental Market Efficiency Use 3

(Incremental MEU) share. RM is 

proposing a new formula rate to 

calculate the ARR for Scheduling, 

System Control, and Dispatch Service 

(SSCD Service) under the SPP Tariff. 

RM’s revenue requirements will be 

added to the annual revenue 

requirements of other transmission 

owners in the SPP pricing Zone 104, 

also identified as the Loveland Area 

Projects Zone (LAPZ), for transmission 

service billed by SPP within the LAPZ. 

RM’s revenue requirements under these 

proposed rates will also impact other 

costs for transmission service within the 

broader SPP footprint. For transmission 

and ancillary services provided under 

the SPP Tariff, RM also proposes to 

provide information related to RM’s rate 

implementation and annual updates in 

‘‘Formula Rate Implementation 

Protocols’’ (Protocols). Each of these 

topics is described in more detail below. 

The proposed formula rates will 

provide sufficient revenue to recover 

annual operation, maintenance, 

replacement, and interest expense while 

ensuring repayment of the project 

within the cost recovery criteria set 

forth in Department of Energy (DOE) 

Order RA6120.2. For more specific 

information on the proposed formula 

rates, please see the customer rate 

brochure located on RM’s Rates website 

at: www.wapa.gov/about-wapa/regions/ 

rm/rm-rates/2026-rate-adjustment-rtotrans-and-anc-svcs. 

Proposed Transmission Formula Rate 

For transmission service provided by 

SPP under SPP’s Tariff, under Rate 

Schedule LAPT–ATRR, RM proposes to 

provide its overall LAP annual 

transmission revenue requirement 

(ATRR) as separate subtotals to 

distinguish LAP transmission facilities 

separately between Western 

Interconnection, Eastern 

Interconnection, Sidney DC Tie (for use 

by SPP in assessing the DC Tie Access 

Charge 4 to transmission service 

customers proposed in the SPP filing to 

FERC for the RTO expansion), and other 

SPP zones. SPP will utilize these LAP 

ATRR subtotals, along with zonal and 

regional load and other applicable 

information, to calculate the applicable 

charges and revenue distribution for 

SPP transmission service under the SPP 

Tariff. 

Consistent with RM’s current 

transmission formula rates, RM 

proposes to continue recovering 

transmission-related expenses and 

investments on a forward-looking basis 

by using projections to estimate 

transmission costs for the upcoming 

year, with a true-up of incurred costs in 

a subsequent year. Transmission-related 

annual costs include operation and 

maintenance, administrative and 

general costs, interest, and depreciation. 

The annual costs will be reduced by 

applicable revenue credits received by 

RM under the SPP Tariff. 

Revenue requirement data will be 

submitted to SPP in standard formula 

rate templates with costs classified as 

either ‘‘Zonal’’ or ‘‘Regional,’’ applying 

the definitions in the SPP Tariff. 

‘‘Zonal’’ costs are those that meet 

certain criteria and are recovered within 


khammond on DSK9W7S144PROD with NOTICES
105566 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Notices 

5 ‘‘West DC Ties: A direct current interconnection 

between the Eastern Interconnection and Western 

Interconnection for which the DC Tie Access 

Charge and the Incremental Market Efficiency Use 

Charge may be applicable. In the Integrated 

Marketplace, the West DC Ties will be NonBiddable Locations that will be used in the 

settlements in the TCR [Transmission Congestion 

Rights] Markets. The West DC Ties are Miles City, 

Stegall, or Sidney.’’ (SPP Proposed Tariff at Part I, 

Section W Definitions.) 

6This Act transferred to, and vested in, the 

Secretary of Energy the power marketing functions 

of the Secretary of the Department of the Interior 

and the Bureau of Reclamation (Reclamation) under 

the Reclamation Act of 1902 (ch. 1093, 32 Stat. 

388), as amended and supplemented by subsequent 

laws, particularly section 9(c) of the Reclamation 

Project Act of 1939 (43 U.S.C. 485h(c)) and section 

5 of the Flood Control Act of 1944 (16 U.S.C. 825s); 

and other acts that specifically apply to the projects 

involved. 

the local pricing zone, while ‘‘Regional’’ 

costs are those meeting certain criteria 

eligible to be recovered across SPP’s 

applicable West or East BA area, 

dependent upon where the transmission 

upgrade is located. The Formula Rate 

Template for the LAP ATRR and related 

information will be posted on RM’s 

LAPT Open Access Same-Time 

Information System (OASIS) website 

(www.oasis.oati.com/LAPT/index.html), 

on RM’s Rates website (www.wapa.gov/ 

about-wapa/regions/rm/rm-rates/2026- 

rate-adjustment-rto-trans-and-anc-svcs), 

and on SPP’s Member Related Postings 

website(opsportal.spp.org/OASIS/ 

Directory/Member%20Related

%20Postings). 

Proposed Sidney DC Tie Incremental 

Market Efficiency Use Formula Rate 

In its FERC filing for the proposed 

expansion of the RTO into the Western 

Interconnection, SPP proposes to 

expand its Integrated Marketplace 

across the seam between the Eastern and 

Western Interconnections by including 

the West DC Ties 5 into the Integrated 

Marketplace 5-minute market dispatch. 

To enable this market dispatch between 

the Eastern and Western 

Interconnections, SPP included a new 

Section 8.11 to Attachment AE of the 

SPP Tariff for the calculation of the 

Incremental MEU amounts. The 

Incremental MEU compensates each 

West DC Tie Transmission Owner for 

the expected loss of life of that owner’s 

West DC Tie facility due to increased 

utilization of the West DC Ties by the 

Integrated Marketplace. 

For SPP to compensate RM as a West 

DC Tie Transmission Owner of the 

Sidney DC Tie for Incremental MEU 

under SPP’s Tariff, RM proposes to 

provide its Sidney DC Tie Incremental 

MEU share under Rate Schedule LAPT– 

DCTIE–IMEU. SPP will utilize this 

Sidney DC Tie Incremental MEU share 

along with other applicable information 

to calculate the amount to be paid to RM 

for the expected loss of life of certain 

Sidney DC Tie facilities due to 

increased utilization of those West DC 

Tie facilities by SPP in the Integrated 

Marketplace. 

To simplify the calculation of the 

Incremental MEU and provide a 

consistent forward-looking known 

amount to be included in the market 

uplift, a loss-of-life will be estimated for 

each eligible group of West DC Tie 

equipment due to expected market 

operation impacts, and a levelized 

annual estimate will be provided to 

SPP. The loss-of-life calculations will be 

based upon pre-defined impact metrics 

directly related to the increased market 

use for each of the West DC Tie 

equipment groups eligible for cost 

recovery. Revenue received from SPP 

for RM’s Sidney DC Tie Incremental 

MEU share will be credited against the 

Sidney DC Tie portion of the LAP ATRR 

described above. 

The Sidney DC Tie Incremental MEU 

share data will be submitted to SPP in 

a standard formula rate template in 

accordance with the SPP Tariff 

Attachment AE. The Formula Rate 

Template for the Sidney DC Tie 

Incremental MEU share will be posted 

on RM’s LAPT OASIS website, on RM’s 

Rates website, and on SPP’s Member 

Related Postings website (see web 

addresses listed previously). 

Proposed Formula Rate for Scheduling, 

System Control, and Dispatch Service 

SSCD Service is required to operate a 

Transmission Owner’s SPP Tariff 

facilities and schedule movement of 

power through, out of, within, or into 

one or both of the SPP BA areas and 

certain parts of the transmission system 

not located within a SPP BA area. Under 

this proposal, RM’s ARR for SSCD 

Service, under Rate Schedule LAPT– 

AS1, will be submitted to SPP in a 

standard formula rate template for 

inclusion in the SPP Tariff Schedule 1. 

The SSCD Service ARR will be used by 

SPP to determine the regional SPP 

Schedule 1 rate and revenue 

distribution for SPP through-and-out 

transactions and to determine the zonal 

SPP Schedule 1 rate and revenue 

distribution for the LAPZ under the SPP 

Tariff. 

For consistency with the LAP ATRR 

proposal, RM proposes a formula-based 

rate methodology to calculate its SSCD 

Service ARR on a forward-looking basis 

by using projections to estimate costs 

associated with SSCD Service for the 

upcoming year, with a true-up of 

incurred costs in a subsequent year. 

RM’s SSCD Service ARR will be derived 

by calculating RM’s applicable annual 

costs associated with the provision of 

SSCD Service, including operation and 

maintenance, administrative and 

general, interest, and depreciation. The 

annual costs will be reduced by any 

applicable revenue received by RM 

under the SPP Tariff. The Formula Rate 

Template for the SSCD Service and 

related information will be posted on 

RM’s LAPT OASIS website, on RM’s 

Rates website, and on SPP’s Member 

Related Postings website (see web 

addresses listed previously). 

Formula Rate Implementation 

Protocols 

For transmission service provided by 

SPP under SPP’s Tariff, RM proposes to 

provide information relating to RM’s 

rate implementation and annual update 

procedures and timelines in ‘‘Formula 

Rate Implementation Protocols’’ 

(Protocols). The Protocols, together with 

the above-mentioned formula rate 

templates, comprise the Formula Rates 

that will be submitted to SPP to be 

incorporated in the SPP Tariff. All 

relevant information pertaining to RM’s 

annual updates, customer notifications 

and review periods, and meetings will 

be contained in the Protocols. The 

Protocols will be posted on RM’s LAPT 

OASIS website, on RM’s Rates website, 

and on SPP’s Member Related Postings 

website (see web addresses listed 

previously). 

Legal Authority 

DOE procedures for public 

participation in power and transmission 

rate adjustments are located at 10 CFR 

part 903. The proposed action is a major 

rate adjustment, as defined by 10 CFR 

903.2(d). In accordance with 10 CFR 

903.15(a) and 10 CFR 903.16(a), RM will 

hold public information and public 

comment forums for this rate 

adjustment. RM will review and 

consider all timely public comments at 

the conclusion of the consultation and 

comment period and adjust the proposal 

as appropriate. The rates will then be 

approved on an interim basis. 

WAPA is establishing the formula 

rates for LAP in accordance with section 

302 of the DOE Organization Act (42 

U.S.C. 7152).6

By Delegation Order No. S1–DEL– 

RATES–2016, effective November 19, 

2016, the Secretary of Energy delegated: 

(1) the authority to develop power and 

transmission rates to the WAPA 

Administrator; (2) the authority to 

confirm, approve, and place such rates 

into effect on an interim basis to the 

Deputy Secretary of Energy; and (3) the 

authority to confirm, approve, and place 

into effect on a final basis, or to remand 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Notices 105567 

7 In compliance with the National Environmental 

Policy Act (NEPA) of 1969, as amended, 42 U.S.C. 

4321–4347; the Council on Environmental Quality 

Regulations for implementing NEPA (40 CFR parts 

1500–1508); and DOE NEPA Implementing 

Procedures and Guidelines (10 CFR part 1021). 

or disapprove such rates, to FERC. By 

Delegation Order No. S1–DEL–S3–2024, 

effective August 30, 2024, the Secretary 

of Energy also delegated the authority to 

confirm, approve, and place such rates 

into effect on an interim basis to the 

Under Secretary for Infrastructure. By 

Redelegation Order No. S3–DEL– 

WAPA1–2023, effective April 10, 2023, 

the Under Secretary for Infrastructure 

further redelegated the authority to 

confirm, approve, and place such rates 

into effect on an interim basis to 

WAPA’s Administrator. 

Availability of Information 

All brochures, studies, comments, 

letters, memorandums, or other 

documents that RM initiates or uses to 

develop the proposed formula rates are 

available for inspection and copying at 

the Rocky Mountain Regional office 

located at 5555 East Crossroads 

Boulevard, Loveland, Colorado. Many of 

these documents and supporting 

information are also available on RM’s 

Rates website at: www.wapa.gov/aboutwapa/regions/rm/rm-rates/2026-rateadjustment-rto-trans-and-anc-svcs. 

Ratemaking Procedure Requirements 

Environmental Compliance 

WAPA is in the process of 

determining whether an environmental 

assessment or an environmental impact 

statement should be prepared or if this 

action can be categorically excluded 

from those requirements.7

Determination Under Executive Order 

12866 

WAPA has an exemption from 

centralized regulatory review under 

Executive Order 12866; accordingly, no 

clearance of this notice by the Office of 

Management and Budget is required. 

Signing Authority 

This document of the Department of 

Energy was signed on December 19, 

2024, by Tracey A. LeBeau, 

Administrator, Western Area Power 

Administration, pursuant to delegated 

authority from the Secretary of Energy. 

That document, with the original 

signature and date, is maintained by 

DOE. For administrative purposes only, 

and in compliance with requirements of 

the Office of the Federal Register, the 

undersigned DOE Federal Register 

Liaison Officer has been authorized to 

sign and submit the document in 

electronic format for publication, as an 

official document of the Department of 

Energy. This administrative process in 

no way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on December 

19, 2024. 

Jennifer Hartzell, 

Alternate Federal Register Liaison Officer, 

U.S. Department of Energy. 

[FR Doc. 2024–30862 Filed 12–26–24; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2023–0107; FRL 10680–01– 

OW] 

Comparison of Aquatic Life Protective 

Values Developed for Pesticides Under 

the FIFRA and the CWA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is announcing 

the availability of draft analyses 

comparing aquatic life benchmarks 

developed by the EPA’s Office of 

Pesticides Programs (OPP) in support of 

registration decisions for pesticides 

under the Federal Insecticide, Fungicide 

and Rodenticide Act (FIFRA) to existing 

national recommended aquatic life 

Ambient Water Quality Criteria and 

criteria-related values developed under 

the Clean Water Act (CWA) for the 

protection of aquatic life from 

pesticides. The EPA’s draft analyses 

show that the values developed under 

these statutes are similarly protective of 

aquatic life and that the most sensitive 

OPP aquatic life benchmarks, which are 

updated regularly to include the latest 

science, could also serve as CWA 

section 304(a)(1) recommended aquatic 

life criteria or 304(a)(2) informational 

benchmarks for pesticides. The EPA 

will accept public comments on the 

draft analyses and potential application 

of OPP aquatic life benchmarks for CWA 

304(a) purposes for 30 days upon 

publication in the Federal Register. 

DATES: Comments must be received on 

or before January 27, 2025. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OW–2023–0107, by any of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Agency website: https://

www.epa.gov/wqc/common-effectsmethodology-pesticides. Follow the 

online instructions for submitting 

comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Office of Water Docket, Mail Code 

28221T, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460. 

• Hand Delivery or Courier: EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.—4:30 p.m., Monday—Friday 

(except Federal Holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

Notice of Availability. Comments 

received may be posted without change 

to https://www.regulations.gov/, 

including any personal information 

provided. For detailed instructions on 

sending comments and additional 

information on the public comment, see 

the ‘‘Public Participation’’ heading of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

FOR FURTHER INFORMATION CONTACT: 

Christine Bergeron, Health and 

Ecological Criteria Division, Office of 

Water (Mail Code 4304T), 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460; telephone number: (202) 

566–0629; email: Bergeron.christine@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OW–2023– 

0107, at https://www.regulations.gov 

(our preferred method)), or the other 

methods identified in the ADDRESSES

section. Once submitted, comments 

cannot be edited or removed from the 

docket. The EPA may publish any 

comment received to its public docket. 

Do not submit to EPA’s docket at 

https://www.regulations.gov any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). Please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets for additional 

submission methods; the full EPA 

public comment policy; information 


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