[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Pages 13349-13351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5574]
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DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Rural Utilities Service
Notice of Funding Availability (NOFA) for Repowering Assistance
Payments to Eligible Biorefineries
AGENCY: Rural Business-Cooperative Service and Rural Utilities Service,
USDA.
ACTION: Notice.
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SUMMARY: This Notice announces the acceptance of applications for
payments to eligible biorefineries to encourage the use of renewable
biomass as a replacement fuel source for fossil fuels used to provide
process heat or power in the operation of these eligible biorefineries.
To be eligible for payments, biorefineries must have been in existence
on June 18, 2008. The Notice announces the availability of at least $25
million to make payments to eligible biorefineries in Fiscal Year 2011,
in addition to any carry-over funds from Fiscal Year 2010.
DATES: Applications for participating in this program for Fiscal Year
2011 will be accepted from March 11, 2011 through June 9, 2011.
Applications received after June 9, 2011, regardless of their postmark,
will not be considered for Fiscal Year 2011 payments. If the actual
deadline falls on a weekend or a Federally-observed holiday, the
deadline is the next Federal business day.
ADDRESSES: Application materials may be obtained by contacting USDA,
Rural Development-Energy Division, Program Branch, Attention:
Repowering Assistance Program, 1400 Independence Avenue, SW., Stop
3225, Washington, DC 20250-3225.
Submit applications to USDA, Rural Development-Energy Division,
Program Branch, Attention: Repowering Assistance Program, 1400
Independence Avenue, SW., Stop 3225, Washington, DC 20250-3225.
FOR FURTHER INFORMATION CONTACT: For further information on this
payment program, please contact Fred Petok, USDA, Rural Development,
Business Programs Energy Division, 1400 Independence Avenue, SW., Room
6870, STOP 3225, Washington, DC 20250-3225. Telephone: 202-720-1400. E-
mail: [email protected].
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The information collection requirements contained in the Notice of
Funds Availability for the Section 9004 Repowering Assistance Payments
to Eligible Biorefineries program published on June 12, 2009, were
approved by the Office of Management and Budget (OMB) under emergency
clearance procedures and assigned OMB Control Number 0570-0058. As
noted in the June 12, 2009 notice, the Agency sought emergency
clearance to comply with the time frames mandated by a Presidential
Memorandum in order to implement the Program as quickly as possible,
having determined that providing for public comment under the normal
procedure would unduly delay the provision of benefits associated with
this Program and be contrary to the public interest. Now, however, in
accordance with the Paperwork Reduction Act of 1995, the Agency is
seeking standard OMB approval of the reporting and recordkeeping
requirements contained in the interim rule. In the publication of the
proposed rule on April 16, 2010, the Agency solicited comments on the
estimated burden. The Agency received no comments in response to this
solicitation. This information collection requirement will not become
effective until approved by OMB. Upon approval of this information
collection, the Agency will publish a notice in the Federal Register.
Overview
Federal Agency Name: Rural Business-Cooperative Service (an agency
of the United States Department of Agriculture in the Rural Development
mission area).
Payment Proposal Title: Repowering Assistance Program.
Announcement Type: Initial announcement.
Catalog of Federal Domestic Assistance Number. The CFDA number for
this Notice is 10.866.
DATES: The Repowering Assistance Program application period for Fiscal
Year 2011 is March 11, 2011 to June 9, 2011.
Availability of Notice and Rule. This Notice and the interim rule
for the Repowering Assistance Program are available on the USDA Rural
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Development Web site at http://www.rurdev.usda.gov/bcp_repoweringassistance.html and at http://www.rurdev.usda.gov/rbs/busp/bprogs.htm.
I. Funding Opportunity Description
A. Purpose of the Program. The purpose of this program is to
provide financial incentives to biorefineries in existence on June 18,
2008, the date of the enactment of the Food, Conservation, and Energy
Act of 2008 (the 2008 Farm Bill) (Pub. L. 110-246), to replace the use
of fossil fuels used to produce heat or power at their facilities by
installing new systems that use renewable biomass, or to produce new
energy from renewable biomass.
B. Statutory Authority. This program is authorized under Title IX,
Section 9001, of the Food, Conservation, and Energy Act of 2008 (Pub.
L. 110-246).
C. Definition of Terms. The definitions applicable to this Notice
are published at 7 CFR 4288.2.
II. Award Information
A. Available funds. The Agency is authorizing at least $25 million
for this program in Fiscal Year 2011, in addition to any carry-over
funds from Fiscal Year 2010.
B. Number of payments. The number of payments will depend on the
number of participating biorefineries.
C. Amount of payments. The Agency will determine the amount of
payments to be made to a biorefinery taking into consideration the
percentage reduction in fossil fuel used by the biorefinery (including
the quantity of fossil fuels a renewable biomass system is replacing)
and the cost and cost-effectiveness of the renewable biomass system.
D. Payment limitations. There is no minimum payment amount that an
individual biorefinery can receive. The maximum amount an individual
biorefinery can receive under this Notice is 50 percent of total
eligible project costs up to a maximum of $5 million.
E. Project costs. Eligible project costs will be only for project
related construction costs for repowering improvements associated with
the equipment, installation, engineering, design, site plans,
associated professional fees, permits and financing fees. Any project
costs incurred by the applicant prior to application for payment
assistance under this Notice will be ineligible for payment assistance.
F. Type of instrument. Payment agreement.
III. Eligibility Information
A. Eligible applicants. To be eligible for this program, an
applicant must be a biorefinery that has been in existence on June 18,
2008, utilizing only renewable biomass for replacement fuel.
B. Ineligible projects. A project is not eligible under this Notice
if it is using feedstocks for repowering that are feed grain
commodities that received benefits under Title I of the Food,
Conservation, and Energy Act of 2008.
C. Other eligibility requirements.
Multiple submissions. Corporations and entities with more than one
biorefinery can submit an application for only one of their
biorefineries. However, if a corporation or entity has multiple
biorefineries located at the same location, the entity may submit an
application that covers such biorefineries provided the heat and power
used in the multiple biorefineries are centrally produced.
Cost Effectiveness. To be eligible, the project must have a simple
payback period of no more than 10 years (i.e., must be awarded at least
5 points for cost-effectiveness under 7 CFR 4288.21(b)(1)).
Percentage of reduction of fossil fuel use. To be eligible, the
applicant must demonstrate that the repowering project has an
anticipated annual reduction in fossil fuel use of at least 40 percent
(i.e., the application must be awarded at least 5 points for percentage
of reduction of fossil fuel use under 7 CFR 4288.21(b)(2)).
Full project financing. The applicant must demonstrate that it has
sufficient funds or has obtained commitments for sufficient funds to
complete the repowering project taking into account the amount of the
payment request in the application.
IV. Fiscal Year 2011 Application and Submission Information
A. To request applications. Application materials, including
application forms, regulations, instructions, and other materials
related to this program, are available from the USDA Rural Development
State Office, Renewable Energy Coordinator and the USDA Rural
Development Web site at http://www.rurdev.usda.gov/BCP_
RepoweringAssistance.html.
B. Content and form of submission. Applicants must submit a signed
original and one copy of an application containing all the information
specified in 7 CFR 4288.20(b) and (c).
C. Submission dates and times. Applications to participate in this
program for Fiscal Year 2011 must be submitted between March 11, 2011
and June 9, 2011. Applications received after 4:30 pm June 9, 2011,
regardless of their postmark, will not be considered by the Agency for
Fiscal Year 2011 payments.
D. Payment provisions. Fiscal Year 2011 payments will be made
according to the provisions specified in 7 CFR 4288.13(b) and (c) and
in 7 CFR 4288.24.
V. Application Review and Selection Information
The Agency will evaluate projects based on the cost, cost-
effectiveness, and capacity of projects to reduce fossil fuels. The
cost of the project will be taken into consideration in the context of
each project's ability to economically produce energy from renewable
biomass to replace its dependence on fossil fuels. Projects with higher
costs that are less efficient will not score well. The scoring criteria
are designed to evaluate projects on simple payback as well as the
percentage of fossil fuel reduction.
A. Review. The Agency will review applications submitted under this
Notice in accordance with 7 CFR 4288.21(a).
B. Scoring. The Agency will score applications submitted under this
Notice in accordance with 7 CFR 4288.21(b).
C. Ranking and selecting applications. All scored applications will
be ranked by the Agency as soon after June 9, 2011 as possible. The
Agency will consider the score an application has received compared to
the scores of other applications in the priority list, with higher
scoring applications receiving first consideration for payments. Using
the application scoring criteria point values specified in 7 CFR
4288.21, the Agency will select applications for payments.
D. Availability of funds. As applications are funded, if
insufficient funds remain to pay the next highest scoring application,
the Agency may elect to pay a lower scoring application. Before this
occurs, the Agency will provide the applicant of the higher scoring
application the opportunity to reduce the amount of its payment request
to the amount of funds available. If the applicant agrees to lower its
payment request, it must certify that the purposes of the project can
be met, and the Agency must determine the project is feasible at the
lower amount.
VI. Administration Information
A. Notice of eligibility. The provisions of 7 CFR 4288.23 apply to
this Notice. These provisions include notifying an applicant determined
to be eligible for participation and notifying an applicant
[[Page 13351]]
determined to be ineligible, including their application score and
ranking and the score necessary to qualify for payments.
B. Administrative and National Policy requirements.
(1) Review or appeal rights. A person may seek a review of an
Agency decision or appeal to the National Appeals Division as provided
in 7 CFR 4288.3.
(2) Compliance with other laws and regulations. The provisions of 7
CFR 4288.4 apply to this Notice, which includes requiring participating
biorefineries to be in compliance with other applicable Federal, State,
and local laws.
(3) Oversight and monitoring. The provisions of 7 CFR 4288.5(a) and
(b) apply to this Notice, which includes the right of the Agency to
verify all payment applications and subsequent payments and the
requirement that each biorefinery must make available, at one place at
all reasonable times for examination by the Agency, all books,
documents, papers, receipts, payroll records, and bills of sale
adequate to identify the purposes for which, and the manner in which,
funds were expended for all eligible project costs for a period of not
less than 3 years from the final payment date.
(4) Reporting. Upon completion of the repowering project funded
under this Notice, the biorefinery must submit a report, in accordance
with 7 CFR 4288.5(c), to the Agency annually for the first 3 years
after completion of the project. The reports are to be submitted as of
October 1 of each year.
(5) Exception authority. The provisions of 7 CFR 4288.7 apply to
this Notice.
(6) Succession and control of facilities and production. The
provisions of 7 CFR 4288.25 apply to this Notice.
C. Environmental review. All recipients under this Notice are
subject to the requirements of 7 CFR Part 1940, subpart G.
D. Fiscal Year 2009 and Fiscal Year 2010 applications. Any entity
that submitted to the Agency an application for payment under this
program prior to the effective date of 7 CFR 4288, subpart A, will have
their payments made and serviced in accordance with the provisions
specified in 7 CFR 4288, subpart A.
VII. Agency Contacts
For further information about this Notice, please contact Fred
Petok, USDA, Rural Development, Business Programs Energy Division, 1400
Independence Avenue, SW., Room 6870, STOP 3225, Washington, DC 20250-
3225. Telephone: 202-720-1400. E-mail: [email protected].
VIII. Nondiscrimination Statement
USDA prohibits discrimination in all its programs and activities on
the basis of race, color, national origin, age, disability, and where
applicable, sex, marital status, familial status, parental status,
religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or part of an individual's income is derived
from any public assistance program. (Not all prohibited bases apply to
all programs.) Persons with disabilities who require alternative means
for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600
(voice and TDD).
To file a complaint of discrimination write to USDA, Director,
Office of Adjudication and Compliance, 1400 Independence Avenue SW.,
Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-
6382 (TDD). USDA is an equal opportunity provider, employer, and
lender.
Dated: March 7, 2011.
Cheryl L. Cook,
Acting Under Secretary, Rural Development.
[FR Doc. 2011-5574 Filed 3-10-11; 8:45 am]
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