Notices. Notice of Proposed Consent Decree; Request for Public Comment
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/register/2004/07/23/04-16833A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER04-928-000] California Independent System Operator Corporation; Notice of Availability of Revised Summary Template July 20, 2004. 1. Take notice that the template issued by Commission staff on July 15, 2004, contained an error. Staff is therefore issuing a revised template for filing information on Existing Transmission Contracts (ETCs). The revised optional template for filing ETC information is available on *http://www.ferc.gov* under “What's New.” 2.
The error in the original template affected responses to Questions 6 and 10. Selecting a radio button in response to either question nullified any response selected for the other question. The format of the template is otherwise unchanged. 3. Summary ETC information should be submitted using the Commission's electronic filing system (eFiling link at *http://www.ferc.gov* ). Parties filing supplemental information should also use the eFiling system, provided the material is not restricted from publication and meets the maximum file number and file size restrictions for electronic filing. 4.
All submissions are due by 5 p.m. Eastern time on July 23, 2004. 1 1 This date was clarified by an Errata Notice issued on July 13, 2004 in this proceeding. Linda Mitry, Acting Secretary. [FR Doc. E4-1646 Filed 7-22-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF04-11-000] Sempra Energy International, Sempra Energy LNG; Notice of Pre-Filing Process for the Planned Port Arthur LNG Terminal and Pipeline Project and Request for Comments on Environmental Issues July 20, 2004.
This is an initial notice that the staff of the Federal Energy Regulatory Commission (Commission) has begun the National Environmental Protection Act
(NEPA)Pre-filing Process and will prepare an environmental impact statement
(EIS)for Sempra Energy International's and Sempra Energy LNG's (collectively referred to as Sempra) planned Port Arthur LNG Terminal and Pipeline Project in Texas and Louisiana. The Commission will use this review process to gather input from the public and interested agencies on the planned project. Your input will help to determine which issues need to be evaluated in the EIS. Once the company has provided more information on the location of the facilities we will issue another notice and schedule scoping meetings. Comments may be submitted in written form or verbally. Further details on how to submit written comments are provided in the Public Participation section of this notice. This notice is being sent to Federal, State, and local government agencies; elected officials; landowners, environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers. We 1 encourage government representatives to notify their constituents of this planned project and encourage them to comment on their areas of concern. 1 “We,” “us,” and “our” refer to the environmental staff of the FERC's Office of Energy Projects. Summary of the Proposed Project Sempra proposes to construct and operate an LNG import terminal and two natural gas send-out pipelines. These facilities would be used to deliver up to 1.5 billion cubic feet per day (Bcf/d) of natural gas to existing intrastate and interstate pipeline systems. The facilities could be expanded to deliver an additional 1.5 Bcf/d of natural gas. The LNG receiving terminal would be located in the City of Port Arthur, Jefferson County, Texas, on the Port Arthur Ship Channel. The terminal would be designed to accept LNG and temporarily store and vaporize LNG and would contain up to three LNG storage tanks with an approximate capacity of 160,000 cubic meters (m 3 ) each. The terminal would contain two berths capable of accommodating the unloading of two LNG tankers. The berths would be designed for LNG tankers ranging in capacity from 100,000 m 3 to 250,000 m 3 and would require dredging to achieve the required size and depth to accommodate the LNG tanker ships. Sempra estimates that the facility could accommodate one ship every other day. Two send-out pipelines also would be constructed to transport the vaporized natural gas to interconnections with existing intrastate and interstate pipeline systems. A 36-inch-diameter pipeline approximately 70 miles long and running northeast would cross Sabine Lake and connect the terminal with an interstate transmission pipeline at Transco Pipeline Compressor Station 45 near Ragley, Louisiana. A 30-inch-diameter pipeline approximately three miles long and running south would connect the terminal with the Natural Gas Pipeline Company of America interstate pipeline. Metering facilities would be installed at each of the interconnections. These pipelines would pass through Jefferson, and Orange Counties, Texas, and Cameron, Calcasieu, and Beauregard Parishes, Louisiana. A conceptual map depicting the planned project facilities is provided in appendix 1. 2 2 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies are available on the Commission's Internet Web site ( *http://www.ferc.gov* ) at the “eLibrary” link or from the Commission's Public Reference Room at
(202)502-8371. For instructions on connecting to eLibrary, refer to the end of this notice. Copies of the appendices are being sent to all those receiving this notice in the mail. Sempra has requested a Commission decision on the project by September 30, 2005. Sempra proposes to start construction of the facility during the first quarter of 2006 and go into service on or about March 31, 2009. In order to accommodate the construction of the LNG terminal, U.S. Highway 87, several pipelines, and other utilities would need to be relocated. Land Requirements The proposed Sempra LNG terminal would be constructed and operated on approximately 150 acres within an approximate 540-acre parcel. The 540-acre parcel is part of a much larger tract, about 2,900 acres, already owned by Sempra. The pipelines would require about 760 acres for construction. The EIS Process The FERC will be the lead Federal agency for the EIS process which is being conducted to satisfy the requirements of NEPA. NEPA requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity (Certificate) or Authorization. NEPA also requires us to discover and address issues and concerns the public may have about proposals and to ensure those issues and concerns are analyzed in the EIS. This process is referred to as “scoping.” The goal of the scoping process is to focus the analysis in the EIS on the important and potentially significant environmental issues related to the proposed action, and on reasonable alternatives. The scoping process will begin after we have received more substantial information on the location of the proposed facilities. However, we welcome any comments agencies or the public may have on the Sempra proposal at this time. All comments received will be considered during the preparation of the EIS. To ensure your comments are considered, please carefully follow the instructions in the Public Participation section of this notice. The Port Arthur LNG Terminal and Pipeline Project is in the preliminary design stage. At this time, specific facility locations and other details are being finalized and no formal application has been filed with the FERC. Sempra expects to file a formal application with the FERC in November 2004. Although we have no formal Certificate application, we are initiating our review of Sempra's planned project under our NEPA Pre-filing Process. The purpose of the FERC's NEPA Pre-filing Process is to: • Establish a framework for constructive discussion between the project proponents, potentially affected landowners, agencies, and the Commission staff; • Encourage the early involvement of interested stakeholders to identify issues and study needs; and • Attempt to resolve issues early, before an application is filed with the FERC. We are in the process of contacting agencies to request their assistance in the preparation of the EIS as a cooperating agency to satisfy their NEPA responsibilities. By this notice, we are also asking Federal, State, and local agencies with jurisdiction and/or special expertise with respect to environmental issues to formally cooperate with us. Agencies that would like to request cooperating status should follow the instructions for filing comments provided below. Public Participation You can make a difference by providing us with your specific comments or concerns about the planned project. Please focus your comments on the potential environmental effects, reasonable alternatives (including alternative facility sites and pipeline routes), and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. To ensure that your comments are timely and properly recorded, please carefully follow these instructions: • Send an original and two copies of your letter to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1A, Washington, DC 20426; • Label one copy of your comments for the attention of Gas Branch 2; and • Reference Docket No. PF04-11-000 on the original and both copies. A docket number (PF04-11-000) has been established to place information filed by Sempra and related documents issued by the Commission, into the public record. 3 Once a formal application is filed, the Commission will: 3 To view information in the docket, follow the instructions for using the eLibrary link in Availability of Additional Information, below. • Publish a Notice of Application in the **Federal Register** ; • Establish a new docket number; and • Set a deadline for interested persons to intervene in the proceeding. Because the Commission's NEPA Pre-Filing Process occurs before an application to begin a proceeding is officially filed, petitions to intervene during this process are premature and will not be accepted by the Commission. The Commission encourages electronic filing of comments. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Internet Web site at *http://www.ferc.gov* under the “eFiling” link and the link to the User's Guide. Prepare your submission in the same manner as you would if filing on paper and save it to a file on your hard drive. Before you can file comments you will need to create a free account by clicking on “Login to File” and then “New User Account.” You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing.” Environmental Mailing List If you wish to remain on our mailing list to receive any additional environmental notices and copies of the draft and final EIS, it is important that you return the Return Mailer (appendix 2) attached to this notice. If you do not return the mailer, you will be removed from our mailing list. Availability of Additional Information Additional information about the planned project is available from the Commission's Office of External Affairs, at 1-866-208-FERC
(3372)or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link and click on “General Search” and enter the docket number, excluding the last three digits, in the Docket Number field ( *i.e.,* PF04-11). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FERCOnLineSupport@ferc.gov* or toll-free at
(866)208-3676 or for TTY, contact
(202)502-8659. The Commission now offers a free service called eSubscription that allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. To register for this service, go to *http://www.ferc.gov/esubscribenow.htm* . In addition, a fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility on My Land? What Do I Need To Know?” is available for viewing on the FERC Internet Web site. This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. Sempra has initiated a Public Participation Plan to provide a means of communication for participating stakeholders. A toll-free number 1-888-843-2464 has been established for communicating with Sempra representatives regarding this project. Also, contacts and information requests can be made by e-mail to Sempra at *SempraEnergyCom@sempra.com* . Finally, Sempra has established a Web site for this project. The Web site includes a list of public repositories along the planned route where all maps are available for inspection, along with applications filed with State and Federal agencies, among other useful information. Sempra's Web site is: *http://www.portarthurlng.com* . Linda Mitry, Acting Secretary. [FR Doc. E4-1645 Filed 7-22-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests July 20, 2004. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Recreation plan. b. *Project No.:* 2496-096. c. *Date Filed:* July 1, 2004. d. *Applicant:* Eugene Water and Electric Board (EWEB). e. *Name of Project:* Leaburg-Walterville Project. f. *Location:* The project is located on the Mckenzie River, in Lane County, Oregon. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r) and 799 and 801. h. *Applicant Contact:* Mr. Gale Banry, Energy Resource Project Manager, Eugene Water and Electric Board,
(541)484-2411. i. *FERC Contact:* Any questions on this notice should be addressed to Mrs. Heather Campbell at
(202)502-6182, or e-mail address: *heather.campbell@ferc.gov.* j. *Deadline for filing comments and or motions:* August 23, 2004. k. All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington DC 20426. Please include the project number (P-2496-096) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. The Commission strongly encourages e-filings. l. *Description of Request:* The licensee filed a recreation plan pursuant to article 432 of its license. The plan addresses recreational enhancements at the project, including a boat launch take out facility, trails, day-use facilities and signage. m. *Location of the Application:* This filing is available for review at the Commission in the Public Reference Room 888 First Street, NE., Room 2A, Washington, DC 20426, or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “e-Library” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. n. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. o. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. p. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. q. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Linda Mitry, Acting Secretary. [FR Doc. E4-1644 Filed 7-22-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM03-8-001] Quarterly Financial Reporting and Revisions to the Annual Reports; Notice July 20, 2004. The Federal Energy Regulatory Commission published in the **Federal Register** of February 26, 2004, Order No. 646, a Final Rule amending the Commission's financial reporting regulations establishing new quarterly financial reporting for respondents that currently file Annual Reports with the Commission. 1 These new quarterly financial reports are the FERC Form No. 3-Q, Quarterly Financial Report of Electric Companies, Licensees, and Natural Gas Companies, and the FERC Form No. 6-Q, Quarterly Financial Report of Oil Pipeline Companies. 1 Quarterly Financial Reporting and Revisions to the Annual Reports, Order No. 646, 69 FR 9030 (Feb. 26, 2004), III FERC Stats. & Regs. ¶ 31,158 (Feb. 11, 2004). The software provided by the Commission and used to file the FERC Forms No. 3-Q is now available on the Commission's Web site. It is also available to respondents through automatic updates to the FERC Form Nos. 1, and 2/2-A software. Respondents may contact *FERCOnLineSupport@ferc.gov* for questions concerning the use of the software. Questions concerning the financial data reported in the quarterly financial reports may be directed to Brian Holmes at
(202)502-6008 or sent by e-mail to *brian.holmes@ferc.gov* . Linda Mitry, Acting Secretary. [FR Doc. E4-1643 Filed 7-22-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7792-1] Proposed Consent Decree, Clean Air Act Citizen Suit AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Proposed Consent Decree; Request for Public Comment. SUMMARY: In accordance with section 113(g) of the Clean Air Act, as amended (“Act”), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Environmental Defense in the U.S. District Court for the Northern District of California: *Environmental Defense* v. *EPA* , No. C 03 5508 (N.D. CA). Environmental Defense filed a complaint pursuant to section 304(a) of the Act, 42 U.S.C. section 7604(a), which concerns the U.S. Environmental Protection Agency's (EPA's) alleged failure to meet a mandatory deadline under section 111(b) of the Act, 42 U.S.C. section 7411(b), by failing to promulgate a New Source Performance Standard for stationary Internal Combustion Engines. Under the proposed consent decree, rulemaking schedules will be provided to establish New Source Performance Standards for stationary internal combustion engines. DATES: Written comments on the proposed consent decree must be received by August 23, 2004. ADDRESSES: Submit your comments, identified by docket ID number OGC-2004-0007, online at *http://www.epa.gov/edocket* (EPA's preferred method); by e-mail to *oei.docket@epa.gov* ; mailed to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding legal holidays. Comments on a disk or CD-ROM should be formatted in Wordperfect or ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above. FOR FURTHER INFORMATION CONTACT: Michael Horowitz, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone:
(202)564-5583. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree Section 111(b)(2) of the Clean Air Act (the Act) requires that EPA publish proposed regulations proposing federal new source performance standards for new sources in categories of stationary sources listed under section 112(b)(1) of the Act, and that EPA promulgate final regulations within one year after publication of the proposed regulations. In the above-captioned case, Environmental Defense alleges that EPA has failed to meet a mandatory deadline under the Act by failing to promulgate a New Source Performance Standard for stationary Internal Combustion Engines. The proposed consent decree provides a rulemaking schedule to establish New Source Performance Standards for stationary internal combustion engines, with separate schedules for proposal and promulgation of such standards for compression-ignition engines and for spark-ignition engines. For a period of thirty
(30)days following the date of publication of this notice, the Agency will receive written comments relating to the proposed consent decree from persons who were not named as parties or interveners to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determine, based on any comment which may be submitted, that consent to the consent decree should be withdrawn, the terms of the decree will be affirmed. II. Additional Information About Commenting on the Proposed Consent Decree A. How Can I Get a Copy of the Consent Decree? EPA has established an official public docket for this action under Docket ID No. OGC-2004-0007 which contains a copy of the consent decree. The official public docket is available for public viewing at the Office of Environmental Information
(OEI)Docket in the EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the OEI Docket is
(202)566-1752. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at *http://www.epa.gov/edocket/* to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the appropriate docket identification number. It is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in EPA's electronic public docket. EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center. B. How and To Whom Do I Submit Comments? You may submit comments as provided in the ADDRESSES section. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment and with any disk or CD-ROM you submit. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. In contrast to EPA's electronic public docket, EPA's electronic mail (e-mail) system is not an “anonymous access” system. If you send an e-mail comment directly to the Docket without going through EPA's electronic public docket, your e-mail address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. Dated: July 15, 2004. Lisa K. Friedman, Associate General Counsel, Air and Radiation Law Office, Office of General Counsel. [FR Doc. 04-16833 Filed 7-22-04; 8:45 am]
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Notices
Notice of Proposed Consent Decree; Request for Public Comment
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