56094 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices 

assistance, contact FERC Online 

Support. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–22938 Filed 9–14–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

[DOE–EIS 0398] 

Delta-Mendota Canal Intertie Project 

AGENCY: Western Area Power 

Administration, DOE. 

ACTION: Notice of Record of Decision 

and Floodplain Statement of Findings. 

SUMMARY: The U.S. Department of 

Energy (DOE), Western Area Power 

Administration (Western), plans to 

authorize a new interconnection and 

design, construct, own, operate, and 

maintain a new 69-kilovolt (kV) 

transmission line and fiber optic cable 

for delivery of project use power as part 

of the Department of the Interior, 

Bureau of Reclamation, Mid-Pacific 

Region’s (Reclamation) Delta-Mendota 

Canal (DMC)/California Aqueduct 

Intertie (Intertie) project. The Intertie, 

including the interconnection to 

Western’s system and transmission line 

and fiber optic cable, was analyzed in a 

Reclamation Environmental Impact 

Statement (EIS) with the Final EIS dated 

and released in November 2009. The EIS 

was developed in compliance with the 

National Environmental Policy Act 

(NEPA). 

Reclamation issued a Record of 

Decision (ROD) dated December 28, 

2009, to proceed with the Intertie, 

described as its Proposed Action in the 

EIS. The Intertie would be located in 

Alameda County, California, and 

involves constructing and operating a 

pumping plant, a pipeline connection 

between the DMC and the California 

Aqueduct at Mile 7.2 of the DMC and 

Mile 9 of the California Aqueduct, a 

switchyard, access roads, and the 

transmission line. Reclamation served 

as the lead agency in the preparation of 

the NEPA documents for this project. 

Western, in accordance with the 

Council on Environmental Quality 

(CEQ) Regulations for Implementing 

NEPA (40 CFR Parts 1500–1508) and 

DOE NEPA Implementing Procedures 

(10 CFR Part 1021), served as a 

cooperating agency. Western adopted 

the EIS in March 2010 (DOE/EIS–0398) 

to meet its NEPA responsibilities for its 

transmission actions in support of the 

Intertie. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Young, Environmental Protection 

Specialist, Western Area Power 

Administration, Sierra Nevada Region, 

114 Parkshore Drive, Folsom, CA 

95630–4710; telephone (916) 353–4542; 

e-mail dyoung@wapa.gov. Copies of the 

Draft EIS and Final EIS are available 

online at http://www.usbr.gov/mp/nepa/ 

nepa_projdetails.cfm?Project_ID=1014. 

For general information about the DOE 

NEPA process, visit the DOE NEPA 

Program Web site at http:// 

nepa.energy.gov/ or contact Ms. Carol 

M. Borgstrom, Director, Office of NEPA 

Policy and Compliance, GC–54, U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585; telephone (800) 

472–2756. 

SUPPLEMENTARY INFORMATION: The 

purpose of the Intertie is to improve the 

DMC conveyance conditions that 

restrict the C.W. ‘‘Bill’’ Jones Pumping 

Plant to less than its original-design 

authorized pumping capacity of 4,600 

cubic feet per second (cfs) and to 

improve operational flexibility for 

operation, maintenance, and emergency 

activities. A lack of operational 

flexibility presently compromises the 

ability of the Central Valley Project, 

owned and operated by Reclamation, 

and the State Water Project to respond 

to emergencies, conduct necessary 

system maintenance, and provide 

capacity to respond to environmental 

opportunities in the Sacramento-San 

Joaquin River Delta (Delta). The amount, 

timing, and location of water deliveries 

from the DMC, apparent canal 

subsidence, siltation, the facility design, 

and other factors have resulted in a 

mismatch between designed/authorized 

Jones Pumping Plant export capacity 

and DMC conveyance capacity. 

The primary project component of the 

Intertie would be a pumping plant with 

four electrically-powered pumping units 

having a total pumping capacity of 467 

cfs although the maximum average 

monthly pumping is expected to be 

around 400 cfs. Water would be 

withdrawn from the DMC through a 

conventional-style intake structure and 

pumped uphill a vertical distance of 

about 50 feet through belowground 

pipelines and be discharged into the 

California Aqueduct. The pipeline 

would be located between the DMC and 

the California Aqueduct at Mile 7.2 of 

the DMC and Mile 9 of the California 

Aqueduct; all Intertie facilities would be 

in Alameda County, California. A 

switchyard would be located northwest 

of the pumping plant. The Intertie 

would be owned by Reclamation and 

operated by the San Luis & DeltaMendota Water Authority (Water 

Authority). 

Reclamation completed the EIS 

process and issued a ROD on December 

28, 2009, authorizing the construction of 

the Intertie (Reclamation’s Proposed 

Action and Preferred Alternative, also 

referred to as Alternative 2). 

Western’s Purpose and Need 

Western’s purpose and need for the 

proposed action is a result of 

Reclamation’s request for an 

interconnection with Western’s system. 

Reclamation requires a reliable 

electrical connection and power supply 

to run the Intertie pumps. Western’s 

Open Access Transmission Service 

Tariff describes all conditions necessary 

for access to its transmission system. 

Western provides an interconnection to 

its transmission system if there is 

sufficient available capacity, while 

considering transmission system 

reliability and power delivery to 

existing customers, and the applicant’s 

objectives. 

Western’s Proposed Action 

Western plans to authorize a new 

interconnection and design, construct, 

own, operate, and maintain a new 69-kV 

transmission line and fiber optic cable 

for delivery of project use power as part 

of Reclamation’s DMC Intertie project. 

Western would construct the new 4.5- 

mile-long 69-kV transmission line and 

fiber optic cable between its existing 

Tracy Substation and Reclamation’s 

new DMC Intertie pumping plant 

switchyard. The transmission line 

would run parallel to the DMC for 

approximately 4.5 miles and would be 

constructed entirely on the west side of 

the canal and within the existing 

previously disturbed canal right-of-way. 

The transmission line would be 

constructed using approximately 51 

wood poles and 25 glue laminate poles 

which would be placed in augered holes 

in the spoil piles that border the canal 

from its construction. The holes would 

be no more than 3 feet, 5 inches in 

diameter and approximately 14 feet in 

depth, supporting poles approximately 

61 feet tall. A crane using the existing 

access and maintenance road along the 

canal would be used to set the 

transmission structures. Although span 

lengths will vary according to ground 

and alignment conditions, it is 

estimated that the average span length 

across straight segments of the 

transmission line would be 

approximately 300 feet. The existing 

access and maintenance road would be 

realigned where necessary to 

accommodate transmission line 

structures, but the upgraded access road 


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Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices 56095 

would remain on the spoil area and 

within the canal right-of-way. 

The majority of the soil extracted from 

augered holes would be backfilled and 

compacted to support the poles. The 

remainder would be placed back onto 

the spoil piles. Wood poles would be 

free standing without guy wires. 

Conductor, fiber optic cable, and optical 

ground wire would be strung on these 

poles. Transmission line installation 

would result in a permanent ground 

disturbance of approximately 3 to 13 

square feet for each pole; the total 

permanent ground disturbance for the 

entire transmission line would be 0.005 

to 0.02 acre. These estimates are based 

on a permanent ground disturbance 

diameter of 2 to 4 feet for each pole. 

The fiber optic cable would provide a 

communications link between the 

substation and the switchyard. Western 

would install a new load break 

disconnect at the Tracy Substation to 

provide reliability and flexibility for the 

new power service. Western would also 

install a new fused disconnect on the 

new transmission line to provide 

protection for the line and flexibility for 

other electrical service. 

Alternatives Considered 

Reclamation evaluated four 

alternatives in their Intertie EIS, 

including No Action, with the 

transmission line being included as a 

component in two of the evaluated 

action alternatives. Due to the locations 

of the Tracy Substation, the DMC, and 

Reclamation’s switchyard, locating the 

transmission line along the DMC was an 

obvious opportunity to consolidate 

project facilities and minimize possible 

environmental impacts. This route kept 

the new transmission line within the 

existing canal right-of-way and on a 

previously disturbed area, the side-cast 

spoil from the original construction of 

the DMC. The route also allowed use of 

the existing canal access and 

maintenance road to be used for 

construction and future maintenance of 

the transmission line. A cursory review 

indicated that any potential alternative 

transmission line routes would impact 

other landowners, add to the overall 

length of the line, likely impact 

previously undisturbed areas, and 

clearly increase overall potential 

impacts to environmental resources. 

Given the opportunity to use the 

existing canal right-of-way and 

minimize environmental impacts, no 

other transmission alignment options 

were developed for the Intertie project. 

Environmentally Preferred Alternative 

Reclamation identified their 

Alternative 4 (Virtual Intertie) as the 

Environmentally Preferred Alternative. 

This alternative relied on temporary 

facilities and would not require Western 

to construct the transmission line. 

However, this alternative did not meet 

all of Reclamation’s objectives and 

needs; therefore, Reclamation made the 

decision to implement their Preferred 

Alternative (Alternative 2) that includes 

the transmission line component. 

Public Involvement 

A Notice of Intent announcing the 

preparation of an EIS was published in 

the Federal Register on July 12, 2006. 

Reclamation issued a news release on 

July 20, 2006, seeking public input on 

preparation of an EIS for the Intertie 

project. Two scoping meetings were 

held to solicit written comments about 

the scope of the environmental review. 

A Sacramento meeting was held August 

1, 2006, and a Stockton meeting was 

held August 3, 2006. Comments were 

received and incorporated as 

appropriate into the EIS. Additionally, a 

scoping report was prepared. 

Reclamation filed a Notice of 

Availability for the Draft EIS in the 

Federal Register on July 17, 2009. The 

Draft EIS was circulated for public 

review for 45 days, during which time 

Reclamation held two public hearings 

(August 4 and 5, 2009). No oral 

comments were received during these 

hearings, but 10 written comments were 

received during the public review 

period. All written comments were 

incorporated into the Final EIS which 

was released on November 20, 2009, 

and circulated for public review for 30 

days. 

Environmental Impacts 

The scoping process and prior 

litigation revealed several areas of 

controversy surrounding the Intertie. 

The Intertie is controversial as it relates 

to diversions from the Delta and 

construction of facilities near the 

Transmission Agency of Northern 

California’s California-Oregon 

Transmission Project. In the past several 

years, virtually any project proposal to 

change diversions in the Delta has been 

met with great resistance from a variety 

of agencies, organizations, and 

landowners depending on the specific 

proposal. Reclamation, in coordination 

with Western and the Water Authority, 

addressed each of the identified areas of 

controversy in the Intertie EIS through 

changes in the project, impact 

assessment, and inclusion of measures 

required for Endangered Species Act 

(ESA) compliance. No controversy or 

substantive environmental impacts were 

identified associated with Western’s 

action of constructing the transmission 

line and related activities, primarily 

because of the selection of the route 

along the DMC, as described above 

under the heading ‘‘Alternatives 

Considered.’’ 

Consultation 

As part of the development of the 

Intertie, Reclamation coordinated with 

several agencies, including U.S. Fish 

and Wildlife Service (USFWS), 

California Department of Water 

Resources (DWR), the State Historic 

Preservation Officer (SHPO), and 

Western and the Water Authority as 

cooperating agencies. Reclamation’s 

ROD, which was signed on December 

28, 2009, is available online at http://

www.usbr.gov/mp/nepa/nepa_

projdetails.cfm?Project_ID=1014. 

Reclamation coordinated with USFWS 

for development of the Coordination Act 

Report and consultation under Section 7 

of the ESA and with DWR to obtain 

right-of-way access on the California 

Aqueduct. The SHPO concurred with 

Reclamation’s finding that the Intertie 

would have no adverse effect on historic 

properties pursuant to 36 CFR 800.5(a). 

Reclamation’s consultations and the 

Intertie EIS satisfy Western’s NEPA 

compliance documentation 

requirements for the interconnection 

and construction, operation, and 

maintenance of the new transmission 

line and fiber optic cable for delivery of 

power for the Intertie. 

Mitigation 

Reclamation and Western adopted all 

practicable means to avoid or minimize 

adverse effects on the environment that 

would result from the implementation 

of the Intertie. Where feasible and 

appropriate, Reclamation and Western 

will implement mitigation measures as 

specified in Reclamation’s ROD. The 

ROD includes a summary of all the 

environmental commitments and 

mitigation for the Intertie, specifies the 

party responsible for implementation, 

and provides a time frame for 

completion. Reclamation and Western 

will ensure that the environmental 

commitments and mitigation measures 

are effectively implemented and 

completed according to schedule during 

design, construction, and operation as 

required. 

Floodplain Statement of Findings 

In accordance with 10 CFR 1022, the 

Intertie EIS considered the potential 

impacts of the Intertie on floodplains 

and wetlands. Section 4.2 ‘‘Vegetation 

and Wetlands’’ of the EIS includes a 

map of all wetland resources and 

drainage features in the study area. 

Flood hazard areas identified on the 


srobinson on DSKHWCL6B1PROD with NOTICES
56096 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices 

Federal Emergency Management Agency 

(FEMA) Flood Insurance Rate Maps are 

identified as a Special Flood Hazard 

Area (SFHA). SFHA is defined as the 

area that will be inundated by the flood 

event having a one percent chance of 

being equaled or exceeded in any given 

year. The one percent annual chance 

flood is also referred to as the base flood 

or 100-year flood. According to FEMA 

Flood Insurance Rate Map 06077c07457, 

the majority of the Intertie study area is 

located within Zone X with a small 

portion located within Zone AE. There 

are no practical means of avoiding 

floodplain areas. Implementation of 

environmental commitments and 

mandatory compliance with applicable 

floodplain management standards as set 

forth by FEMA will ensure the Intertie 

does not substantially alter the normal 

drainage patterns, affect runoff rates, or 

contribute to the impedance of flood 

flows. 

The Intertie study area contains 

Seasonal, Emergent marsh, Alkali 

wetlands, and Perennial, Intermittent, 

and Ephemeral drainages. Clean Water 

Act Section 404 regulates the discharge 

of dredged and fill materials into waters 

of the United States. Waters of the 

United States refers to oceans, bays, 

rivers, streams, lakes, ponds and 

wetlands. EIS Section 4.2 ‘‘Vegetation 

and Wetlands’’ includes an evaluation of 

the Intertie impacts on wetlands and 

determined that none of the Intertie 

alternatives would result in the 

discharge of dredged or fill material into 

any wetland or water. Western will 

coordinate with Reclamation to ensure 

compliance with all applicable 

floodplain and wetland protection 

standards and requirements applicable 

to the construction, operation, and 

maintenance of the transmission line. 

Decision 

Western’s decision is to interconnect 

the Intertie to Western’s system and 

design, construct, own, operate, and 

maintain a new 69-kV transmission line, 

fiber optic cable, disconnects, and 

related equipment in support of 

Reclamation’s decision to construct the 

Intertie as summarized above and 

described in detail in the EIS. This 

decision is based on the information 

contained in the DMC Intertie EIS 

which Western adopted in March 2010 

as DOE/EIS–0398. This ROD was 

prepared in accordance with CEQ 

Regulations for Implementing NEPA (40 

CFR Parts 1500–1508) and DOE NEPA 

Implementing Procedures (10 CFR Part 

1021). Full implementation of this 

decision is contingent upon the 

implementation of all identified 

environmental commitments and 

mitigation measures applicable to 

Western’s action and obtaining all 

applicable permits and approvals. 

Dated: September 2, 2010. 

Timothy J. Meeks, 

Administrator. 

[FR Doc. 2010–23066 Filed 9–14–10; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2003–0004; FRL–8845–1] 

Access to Confidential Business 

Information by Industrial Economics 

Incorporated 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has authorized 

contractor, Industrial Economics 

Incorporated (IEI) of Cambridge, MA, to 

access information which has been 

submitted to EPA under all sections of 

the Toxic Substances Control Act 

(TSCA). Some of the information may be 

claimed or determined to be 

Confidential Business Information (CBI). 

DATES: Access to the confidential data 

will occur no sooner than September 22, 

2010. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

For technical information contact: 

Scott Sherlock, Environmental 

Assistance Division (7408M), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(202) 564–8257; fax number: (202) 564– 

8251; e-mail address: Scott. 

Sherlock@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Notice Apply to Me? 

This action is directed to the public 

in general. This action may, however, be 

of interest to all who manufacture, 

process or distribute industrial 

chemicals. Since other entities may also 

be interested, the Agency has not 

attempted to describe all the specific 

entities that may be affected by this 

action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2003–0004. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. The telephone number 

of the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the Federal Register listings at 

http://www.epa.gov/fedrgstr. 

II. What Action is the Agency Taking? 

Under Contract Number GS–10F– 

0061N, Order Number EP10H000898, 

contractor IEI of 2067 Massachusetts 

Avenue, Cambridge, MA, will assist the 

Office of Pollution Prevention and 

Toxics (OPPT) in preparing financial 

analysis of the firms, individuals, and 

organizations that are the subject of EPA 

enforcement actions taken under TSCA. 

In accordance with 40 CFR 2.306(j), 

EPA has determined that under Contract 

Number GS–10F–0061N, Order Number 

EP10H000898, IEI will require access to 

CBI submitted to EPA under all sections 

of TSCA to perform successfully the 

duties specified under the contract. IEI 


srobinson on DSKHWCL6B1PROD with NOTICES