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Code · REGISTER · 2004-08-06 · Federal Energy Regulatory Commission · Notices

Notices. Notice

7,227 words·~33 min read·/register/2004/08/06/04-18028·

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BILLING CODE 3810-FF-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC04-582-001, FERC-582] Commission Information Collection Activities, Proposed Collection; Comment Request; Submitted for OMB Review July 30, 2004. AGENCY: Federal Energy Regulatory Commission. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget
(OMB)for review and reinstatement of this information collection requirement. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission received no comments in response to an earlier **Federal Register** notice of April 14, 2004 (69 FR 19829-19830) and has made this notification in its submission to OMB. DATES: Comments on the collection of information are due by August 31, 2004. ADDRESSES: Address comments on the collection of information to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. Comments to OMB should be filed electronically, c/o *Pamela_L._Beverly@omb.eop.gov* and include the OMB Control No. as a point of reference. The Desk Officer may be reached by telephone at 202-395-7856. A copy of the comments should also be sent to the Federal Energy Regulatory Commission, Office of the Executive Director, ED-30, Attention: Michael Miller, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those persons filing electronically do not need to make a paper filing. For paper filings, such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC04-582-001. Documents filed electronically via the Internet must be prepared in MS Word, Portable Document Format, Word Perfect, or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and click on “Make an E-filing,” and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgment to the sender's e-mail address upon receipt of comments. User assistance for electronic filings is available at 202-502-8258 or by e-mail to *efiling@ferc.gov.* Comments should not be submitted to the e-mail address. All comments are available for review at the Commission or may be viewed on the Commission's Web site at *http://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 toll-free at
(866)208-3676, or for TTY, contact
(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov* . SUPPLEMENTARY INFORMATION: Description The information collection submitted for OMB review contains the following: 1. *Collection of Information:* FERC-582 “Electric Fees and Annual Charges.” 2. *Sponsor:* Federal Energy Regulatory Commission. 3. *Control No.:* 1902-0132. The Commission is now requesting that OMB approve with a three-year extension of the expiration date, with no changes to the existing collection. The information filed with the Commission is mandatory. 4. *Necessity of the Collection of Information:* Submission of this information is necessary to enable the Commission to carry out its responsibilities in implementing the statutory provisions of the Independent Offices Appropriation Act of 1952
(IOAA)(31 U.S.C. 9701) which authorizes the Commission to establish fees for its services. In addition, the Omnibus Budget Reconciliation Act of 1986
(OBRA)(42 U.S.C. 71778) authorizes the Commission “to assess and collect fees and annual charges in any fiscal year in amounts equal to all the costs incurred by the Commission in that fiscal year.” In calculating annual charges, the Commission first determines the total costs of its electric regulatory program and then subtracts all electric regulatory program filing fee collections to determine the total collectible electric regulatory program costs. It then uses the data submitted under the Commission's information collection requirement FERC-582 to determine the total megawatt-hours of transmission of electric energy in interstate commerce. This is measured by the sum of the megawatt-hours of all unbundled transmission (including MWh delivered in wheeling transactions and MWh delivered in exchange transactions) and the megawatt-hours of all bundled wholesale power sales (to the extent these later megawatt-hours were not separately reported as unbundled transmission). This information must be reported to three decimal places. Public utilities and power marketers subject to these annual charges must submit FERC-582 to the Commission's Office of the Secretary by April 30 of each year. The Commission issues bills for annual charges, and then public utilities and power marketers must pay the charges within 45 days of the Commission's issuance of the bill. The Commission's staff uses companies' financial information filed under waiver provisions to evaluate requests for a waiver or exemption of the obligation to pay a fee for an annual charge. The Commission implements the filing requirements in the Code of Regulations
(CFR)under 18 CFR part 381, sections 381.108 and 381.302 and part 382, section 382.201(c). 5. *Respondent Description:* The respondent universe currently comprises 192 companies (on average per year) subject to the Commission's jurisdiction. 6. *Estimated Burden:* 768 total hours, 192 respondents (average per year), 1 response per respondent, and 4 hours per response (average). 7. *Estimated Cost Burden to Respondents:* 768 hours/2080 hours per years × $107,185 per year = $39,576. The cost per respondent is equal to $206. *Statutory Authority:* 31 U.S.C. 9701 and 42 U.S.C. 71778. Magalie R. Salas, Secretary. [FR Doc. E4-1733 Filed 8-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP04-36-000 and CP04-41-000] Weaver's Cove Energy, L.L.C.; Mill River Pipeline, L.L.C.; Notice of Availability of the Draft Environmental Impact Statement and the Draft General Conformity Determination for the Proposed Weaver's Cove LNG Project July 30, 2004. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared a draft Environmental Impact Statement
(EIS)on the liquefied natural gas
(LNG)import terminal and natural gas pipeline facilities in Bristol County, Massachusetts proposed by Weaver's Cove Energy, L.L.C. and Mill River Pipeline, L.L.C. (collectively referred to as Weaver's Cove Energy) in the above-referenced dockets. A draft General Conformity Determination was also prepared to assess the potential air quality impacts associated with construction and operation of the proposed project and is included as appendix H of the draft EIS. The draft EIS was prepared to satisfy the requirements of the National Environmental Policy Act (NEPA). The staff concludes that approval of the proposed project with appropriate mitigating measures as recommended, would have limited adverse environmental impact. The draft EIS also evaluates alternatives to the proposal, including system alternatives, alternative sites for the LNG import terminal, and pipeline alternatives; and requests comments on them. The draft EIS was also prepared to satisfy the requirements of the Massachusetts Environmental Policy Act (MEPA). The Massachusetts Executive Office of Environmental Affairs issued a Certificate to Weaver's Cove Energy on August 28, 2003, that established a Special Review Procedure to guide the MEPA review of the Weaver's Cove LNG Project. This Special Review Procedure provides for a coordinated NEPA/MEPA review and allows the draft and final EISs to serve as the draft and final Environmental Impact Reports
(EIRs)required under MEPA, provided the EISs address MEPA's EIR requirements, as specified in the MEPA scope for the project that was issued concurrently with the August 28, 2003, Special Review Procedure. Weaver's Cove Energy's proposed facilities would transport up to 800 million cubic feet per day (MMcfd) of imported natural gas to the U.S. market. In order to provide LNG import, storage, and pipeline transportation services, Weaver's Cove Energy requests Commission authorization to construct, install, and operate an LNG terminal and natural gas pipeline facilities. The draft EIS addresses the potential environmental effects of the construction and operation of the following LNG terminal and natural gas pipeline facilities: • A ship unloading facility with a single berth capable of receiving LNG ships with cargo capacities of up to 145,000 cubic meters (m 3 ); • A 200,000 m 3 (equivalent to 4.4 billion standard cubic feet of gas) full containment LNG storage tank; • Vaporization equipment, sized for a normal sendout of 400 MMcfd and a maximum sendout of 800 MMcfd; • Four LNG truck loading stations; • Ancillary utilities, buildings, and service facilities; • Two 24-inch-diameter natural gas sendout pipelines, totaling approximately 6.1 miles in length; and • Two meter and regulation stations. Comment Procedures and Public Meetings Any person wishing to comment on the draft EIS or the draft General Conformity Determination may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your comments to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Reference Docket No. CP04-36-000; • Label one copy of your comments for the attention of Gas Branch 1, PJ11.1; and • Mail your comments so that they will be received in Washington, DC on or before September 20, 2004. Please note that we are continuing to experience delays in mail deliveries from the U.S. Postal Service. As a result, we will include all comments that we receive within a reasonable time frame in our environmental analysis of the project. However, the Commission strongly encourages electronic filing of any comments or interventions to this proceeding. *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 and the link to the User's Guide. Before you can file comments you will need to create a free account which can be created online. In addition to or in lieu of sending written comments, we invite you to attend the public comment meetings we will conduct in the project area. The locations and times for these meetings are listed below: September 8, 2004, 7 p.m. (e.s.t.), Venus de Milo Restaurant, 75 GAR Highway, Swansea, Massachusetts 02777,
(508)678-3901. September 9, 2004, 7 p.m. (e.s.t.), Gaudet Middle School, 1113 Aquidneck Avenue, Middletown, RI 02842,
(401)846-6395 These meetings will be posted on the Commission's calendar located at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. Interested groups and individuals are encouraged to attend and present oral comments on the draft EIS. Transcripts of the meetings will be prepared. After these comments are reviewed, any significant new issues are investigated, and modifications are made to the draft EIS and draft General Conformity Determination, a final EIS, including a final General Conformity Determination, will be published and distributed by the staff. The final EIS will contain the staff's responses to timely comments received on the draft EIS and draft General Conformity Determination. Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). Anyone may intervene in this proceeding based on this draft EIS. You must file your request to intervene as specified above. 1 You do not need intervenor status to have your comments considered. 1 Interventions may also be filed electronically via the Internet in lieu of paper. *See* the previous discussion on filing comments electronically. The draft EIS has been placed in the public files of the FERC and is available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426,
(202)502-8371. A limited number of copies are available from the Public Reference Room identified above. In addition, copies of the draft EIS have been mailed to Federal, State, and local agencies; public interest groups; individuals and affected landowners who requested a copy of the draft EIS; libraries; newspapers; and parties to this proceeding. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact
(202)502-8659. The eLibrary link on the FERC Internet Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which 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. Go to the eSubscription link on the FERC Internet Web site. Magalie R. Salas, Secretary. [FR Doc. E4-1734 Filed 8-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Tendered for Filing With the Commission and Soliciting Additional Study Requests July 30, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Major license. b. *Project No.:* 11945-001. c. *Date Filed:* June 30, 2004. d. *Applicant:* Symbiotics, LLC. e. *Name of Project:* Dorena Lake Dam Project. f. *Location:* On the Row River, near the Town of Cottage Grove, Lane County, Oregon. The project would occupy less than 1 acre of Federal lands administered by the U.S. Army Corps of Engineers. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791 (a)-825(r). h. *Applicant Contact:* Brent L. Smith, Northwest Power Services, Inc., P.O. Box 535, Rigby, Idaho 83442,
(208)745-0834. i. *FERC Contact:* Dianne Rodman,
(202)502-6077, *dianne.rodman@ferc.gov.* j. *Cooperating agencies:* We are asking Federal, State, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in item l below. k. Pursuant to § 4.32(b)(7) of 18 CFR of the Commission's regulations, if any resource agency, Indian tribe, or person believes that an additional scientific study should be conducted in order to form an adequate factual basis for a complete analysis of the application on its merit, the resource agency, Indian tribe, or person must file a request for a study with the Commission not later than 60 days from the date of filing of the application, and serve a copy of the request on the applicant. l. Deadline for filing additional study requests and requests for cooperating agency status: August 30, 2004. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Additional study requests and requests for cooperating agency status may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. m. The application is not ready for environmental analysis at this time. n. The proposed project would utilize the U.S. Army Corps of Engineers' existing Dorena Lake dam and reservoir, and would consist of the following facilities:
(1)A 9-foot-diameter steel pipe, about 350 feet long, extending from the reservoir through the north dam abutment;
(2)a new powerhouse, near the existing spillway stilling basin 250 feet downstream from the concrete section of the dam, having a total installed capacity of 8,300 kilowatts;
(3)a new concrete-lined channel discharging flows into the river channel immediately below the existing stilling basin;
(4)a new valve house near the existing stilling basin;
(5)a new 15-kilovolt underground transmission line, about 500 feet long; and
(6)appurtenant facilities. The average annual generation is estimated to be 17.5 gigawatthours. o. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://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 toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. p. With this notice, we are initiating consultation with the Oregon State Historic Preservation Officer (SHPO), as required by section 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR 800.4. q. *Procedural schedule:* The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made as appropriate. *Issue Acceptance or Deficiency Letter:* August 2004. *Request Additional Information:* August 2004. *Issue Acceptance Letter:* December 2004. *Issue Scoping Document 1 for comments:* January 2005. *Request Additional Information (if necessary):* March 2005. *Issue Scoping Document 2:* March 2005. *Notice of application is ready for environmental analysis:* March 2005. *Notice of the availability of the draft EA:* September 2005. *Initiate 10(j) Process:* November 2005. *Notice of the availability of the final EA:* March 2006. *Ready for Commission's decision on the application:* June 2006. Magalie R. Salas, Secretary. [FR Doc. E4-1732 Filed 8-5-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD04-10-000] Enhanced Reporting of Natural Gas Storage Inventory Information; Notice of Technical Conference and Request for Written Comments on Enhanced Reporting of Natural Gas Storage Inventory Information August 2, 2004. The Federal Energy Regulatory Commission (Commission) will hold a technical conference to explore whether the Commission should institute a generic rulemaking to consider whether the Commission should require interstate natural gas pipeline companies and other owners and operators of natural gas storage facilities to electronically post each day actual natural gas storage inventory levels on their systems for the preceding day. Specifically, the technical conference will explore the feasibility, usefulness and appropriateness of requiring posting on a standardized basis for the previous gas day
(1)Net aggregate actual injection or withdrawal data;
(2)actual total available working gas; and
(3)actual total storage inventory volume. The conference will take place on September 28, 2004, at 9:30 a.m. (e.s.t.) in the Commission Meeting Room at the Commission's headquarters, 888 First Street, NE., Washington, DC. The Commission's staff will conduct the conference and members of the Commission may attend it. In preparation for the technical conference, the Commission invites all interested parties to submit written comments, addressing the subject and questions discussed below, on or before September 10, 2004. 1 1 The Commission issued an order today, in Docket No. IN04-2-000, approving three Stipulation and Consent Agreements (Agreements). These Agreements state that the two interstate natural gas pipeline companies and one local distribution company that signed the Agreements communicated their respective non-public storage inventory information to customers or industry participants. Background Every Thursday at 10:30 a.m. (e.s.t.), the United States Department of Energy's Energy Information Administration
(EIA)releases a report of natural gas storage inventory levels for the United States, including for Eastern, Western and Producing regions. The EIA compiles this report based on information provided to it by a sampling of storage owners and operators, usually on the Monday that precedes the Thursday report. The reporting companies provide weekly net aggregate storage inventory information for the week that ended with the gas day that ended on the preceding Friday. The EIA's release of its weekly report is a regularly watched event in the natural gas industry because changes in natural gas storage inventory levels can affect commodity prices, the price of NYMEX natural gas futures contracts, other physical and financial transactions, and a variety of transportation and storage transactions. Increased volatility observed in the trading of NYMEX natural gas futures contracts immediately following the EIA's release of its weekly storage report suggests the importance to many industry participants of information related to natural gas storage inventory levels. In addition, the order the Commission is issuing today approving Stipulation and Consent Agreements (Agreements) in Docket No. IN04-2-000, indicates that some market participants obtained non-public storage inventory information sourced from interstate pipelines, or in one case, a local distribution company (LDC), because of the perceived market value of this information. The Commission currently requires interstate pipelines that provide service under blanket certificates pursuant to subparts B and G of part 284 of the Commission's regulations, to post the availability of all transportation services whenever capacity is scheduled at receipt points, on the mainline, at delivery points and at storage fields. 18 CFR 284.13(d)(1). This regulation does not address storage activity that is not subject to daily nomination and scheduling, such as no-notice storage and transportation services. Accordingly, pipelines have reported storage activities in different ways. The interstate pipeline companies that executed the Agreements in Docket No. IN04-2-000 have indicated that they are, or soon will be, posting weekly net aggregate storage inventory information. Other interstate natural gas pipelines post storage inventory information on a daily basis, but may post injections and withdrawals attributable to no-notice contractual service on a weekly basis. Alternatively, storage activities attributable to no-notice contractual service may be partially posted, depending on whether customers make nominations at the pipeline's storage points for this service. Inconsistent posting of storage activities and inventories hinders efforts to compare and make sense of this information, leading to less efficient market outcomes. Current posting practices impair the value of this information as a useful tool to understand and anticipate demand and other relevant industry trends. For example, traders who seek to determine optimal hedging strategies during peak periods or pipeline customers who seek to anticipate whether nominations to secondary points will likely be honored would benefit from more consistent and timely storage inventory information. In addition, although section 284.13(d)(1) mandates reporting of scheduled volumes, actual volumes can be a superior indicator of inventory activity. Actual volumes can deviate significantly from scheduled volumes, particularly during periods of high demand. Electronic metering permits natural gas pipeline companies to rapidly post net aggregate storage information on a daily basis. Actual, daily posting of day-before injection or withdrawal activity would speed communication of storage data to the public and provide nearer-in-time information than is provided in the EIA's weekly report. Increased transparency promotes efficiency and could deter abuses associated with non-public storage inventory information. LDCs and intrastate pipelines that provide service pursuant to subpart C of part 284 of the Commission's regulations often own and operate substantial storage capacity. Many of these entities do not post storage inventory information. Posting such information would contribute to the goals of market transparency and abuse deterrence. However, posting of uniform storage inventory information could affect the often differing obligations and business purposes of these entities relative to interstate pipeline companies. Further, the Commission's jurisdiction over these entities is more limited than it is over interstate pipeline companies. The technical conference will seek to explore the feasibility and usefulness of requiring LDCs and intrastate pipelines that provide service pursuant to subpart C of part 284 of the Commission's regulations to post storage inventory information. Questions for Comment The Commission seeks comments on the following questions: I.Questions for Interstate Natural Gas Pipeline Companies, Their Customers and Other Industry Participants A. How would standardized, daily posting of actual storage injection or withdrawal activity contribute to market transparency? What are the specific efficiencies that would result from such posting? B. What costs and inefficiencies does the industry (or any parts of it) experience because of the current inconsistency of storage inventory reporting? C. Are participants in physical and financial commodity markets concerned with price volatility following the release of the EIA's weekly storage report? Would improved posting of storage information be likely to reduce price volatility? D. How important is posted storage inventory information to buying and selling gas and executing financial transactions? E. How do pipeline customers use posted storage information to make decisions regarding nominations, the purchase of storage capacity, the purchase of gas, and other commodity and operational decisions? F. How important is the timeliness of posting storage inventory information? Specifically, to what extent would daily reporting benefit the industry relative to the current daily and weekly posting of storage-related information by pipelines and the EIA? G. In what ways and to what extent would posting of actual injection or withdrawal volumes be superior to posting scheduled injection or withdrawal volumes? H. Could posting be fully consistent with the data that reporting pipelines provide the EIA on a weekly basis? What could be the cause for any differences and how significant would they be? I. What costs would pipelines expect to incur to post standardized, daily actual injection or withdrawal volumes on a day-after basis? What concerns, if any, do pipelines have regarding the feasibility from a technical perspective of accurate storage inventory posting? J. How should pipeline companies address the posting of inaccurate information and information that needs to be subsequently adjusted? II. Questions for Intrastate Pipeline Companies and LDCs That Provide Service Pursuant to Subpart C of Part 284 of the Commission's Regulations, Their Customers and Other Industry Participants A. To what extent do such intrastate pipeline companies and LDCs post storage inventory information? What storage information do they post? B. What concerns would such intrastate pipeline companies and LDCs have with respect to posting their daily actual injection orwithdrawal activity on a day-after basis? C. Does the Commission have the authority under Subpart C of 284 of its regulations, or under other statutory or regulatory authority, to require intrastate pipeline companies or LDCs to post storage inventory information? D. What contribution to market transparency and efficiency would posting daily actual injection or withdrawal activity on a day-after basis have for natural gas markets and for customers of such intrastate pipeline companies and LDCs? E. What costs would such intrastate pipeline companies and LDCs expect to incur to post standardized, daily actual injection or withdrawal volumes on a day-after basis? What concerns, if any, do intrastate pipeline companies and LDCs have regarding the feasibility from a technical perspective of such posting? F. How should intrastate pipeline companies and LDCs address the posting of inaccurate information and information that needs to be subsequently adjusted? Public Comment Information As noted above, in preparation for the technical conference, the Commission invites interested persons to submit written comments on the matters raised in this notice, including any related matters or alternative proposals that commenters may wish to discuss. All written comments should be submitted on or before September 10, 2004. We are hereby establishing a proceeding, Docket No. AD04-10-000, to provide an opportunity for all interested persons to submit comments, and all future actions with respect to the technical conference will also be taken under this docket number. All comments should include an executive summary that does not exceed two pages. Comments should not exceed 15 pages. In addition, if answering a specific question, please identify the question. To conserve time and avoid unnecessary expense, persons with common interests or views are encouraged to submit joint comments. Comments related to this proceeding may be filed in paper format or electronically. However, the Commission strongly encourages electronic filings. Those filing electronically do not need to make a paper filing. Documents filed electronically via the Internet can be prepared in a variety of formats, including MS Word, Portable Document Format, Real Text Format, or ASCII format, as listed on the Commission's Web site at *http://www.ferc.gov,* under the e-Filing link. The e-Filing link provides instructions for how to Login and complete an electronic filing. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgement to the sender's e-mail address upon receipt of comments. For paper filings, the original and 14 copies of such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. All comments will be placed in the Commission's public files and will be available for inspection in the Commission's Public Reference Room at 888 First Street, NE., Washington, DC 20426, during regular business hours. In addition, all comments may be viewed, printed, or downloaded remotely via the Internet through FERC's Homepage using the eLibrary link. Conference Information As noted above, upon evaluation of the comments requested herein, the Commission will hold a technical conference open to all interested persons. The technical conference will be held on September 28, 2004, at 9:30 a.m. (e.s.t.) in the Commission Meeting Room at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC. There is no charge to attend the conference and no requirement to register in advance for the conference. The conference will be transcribed. Those interested in acquiring the transcript should contact Ace Reporters at
(202)347-3700 or
(800)336-6646. Transcripts will be placed in the public record ten days after the Commission receives them. Capitol Connection offers the opportunity for remote listening and viewing of the conference. It is available for a fee, live over the Internet, by phone or via satellite. Persons interested in receiving the broadcast or who need information on making arrangements should contact David Reininger or Julia Morelli at Capitol Connection at
(703)993-3100 as soon as possible or visit the Capitol Connection Web site at *http://www.capitolconnection.org* and click on “FERC.” Interested parties are urged to watch for further notices providing more information on the conference. You may register online at *http://www.ferc.gov/docs-filing/esubscriptions.asp* to be notified via email of new issuances and filings related to this docket. For additional information please contact John Kroeger at
(202)502-8177 or by e-mail at *john.kroeger@ferc.gov,* or Thomas Pinkston at
(202)502-6335 or by e-mail at *thomas.pinkston@ferc.gov.* By direction of the Commission. Linda Mitry, Acting Secretary. [FR Doc. E4-1735 Filed 8-5-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7798-9] Office of Research and Development; Ambient Air Monitoring Reference and Equivalent Methods: Designation of One New Reference Method for NO 2 and Three New Equivalent Methods for PM 2.5 AGENCY: Environmental Protection Agency. ACTION: Notice of the designation of one new reference method and three new equivalent methods for monitoring ambient air quality. SUMMARY: Notice is hereby given that the Environmental Protection Agency
(EPA)has designated, in accordance with 40 CFR part 53, one new reference method for measuring concentrations of NO <sup>2</sup> , and three new equivalent methods for measuring concentrations of PM <sup>2.5</sup> in ambient air. FOR FURTHER INFORMATION CONTACT: Elizabeth Hunike, Human Exposure and Atmospheric Sciences Division (MD-D205-03), National Exposure Research Laboratory, U.S. EPA, Research Triangle Park, North Carolina 27711. Phone:
(919)541-3737, e-mail: *Hunike.Elizabeth@epa.gov* . SUPPLEMENTARY INFORMATION: In accordance with regulations at 40 CFR part 53, the EPA examines various methods for monitoring the concentrations of those ambient air pollutants for which the EPA has established National Ambient Air Quality Standards (NAAQSs), as set forth in 40 CFR part 50. Monitoring methods that are determined to meet specific requirements for adequacy are designated as either reference methods or equivalent methods (as applicable), thereby permitting their use under 40 CFR part 58 by States and other agencies for determining attainment of the NAAQSs. The EPA hereby announces the designation of one new reference method for measuring concentrations of NO <sup>2</sup> in ambient air and three new equivalent methods for measuring concentrations of particulate matter in ambient air. These designations are made under the provisions of 40 CFR part 53, as amended on July 18, 1997 (62 FR 38764). The new reference method for NO <sup>2</sup> is an automated method (analyzer) that utilizes the measurement principle (gas phase chemiluminescence) and calibration procedure specified in appendix F of 40 CFR part 50. The newly designated method is described as follows: RFNA-0804-152, “SIR S.A. Model S-5012 Chemiluminescent Nitrogen Oxides Analyzer,” operated with a full scale range of 0-500 ppb, at any temperature in the range of 20 °C to 30 °C, with the integration time set to 1 minute, with the “initial zero” disabled, and with a specified Teflon particulate filter installed in the sample inlet filter holder. An application on behalf of the SIR S.A. Model S-5012 analyzer was received on January 12, 2004. The method is available commercially from Sistemas Instalaciones y Redes, S.A. (SIR S.A.), Avenida de la Industria, 3, 28760 Tres Cantos (Madrid), Spain. The three new equivalent methods for PM <sup>2.5</sup> are manual monitoring methods that are based on particular, commercially available PM <sup>2.5</sup> samplers. The methods are identified as Class II equivalent methods, which means that they are based on an integrated, filtered air sample with gravimetric analysis, but with substantial deviation from the specifications for reference methods set forth in appendix L of 40 CFR part 50. In this case, each of the three new equivalent method samplers is very similar to a corresponding sampler that has been previously designated by the EPA as a reference method sampler for PM <sup>2.5</sup> (or PM <sup>10</sup> ). However, these newly designated equivalent method samplers use a specific, very sharp cut cyclone (VSCC TM ) as the principle particle size separation device rather than the WINS impactor used in the corresponding reference method sampler. The newly designated Class II equivalent methods are identified as follows: EQPM-0804-153, “Thermo Electron Corporation Model RAAS2.5-100 FEM” PM <sup>2.5</sup> Ambient Air Sampler, configured with a BGI VSCC” Very Sharp Cut Cyclone particle size separator and operated with software version 06.0B.00 configured for “Single 2.5” operation, for 24-hour continuous sample periods at a flow rate of 16.67 liters/minute, in accordance with the Model RAAS2.5-100 FEM Operator's Manual and VSCC” supplemental manual, and in accordance with the requirements and sample collection filters specified in 40 CFR part 50, appendix L. EQPM-0804-154 “Thermo Electron Corporation Model RAAS2.5-200 FEM” PM <sup>2.5</sup> Ambient Air Sampler, configured with a BGI VSCC” Very Sharp Cut Cyclone particle size separator and operated with software version 06.0B.00, for 24-hour continuous sample periods at a flow rate of 16.67 liters/minute, in accordance with the Model RAAS2.5-200 FEM Operator's Manual and VSCC TM supplemental manual, and in accordance with the requirements and sample collection filters specified in 40 CFR part 50, appendix L. EQPM-0804-155 “Thermo Electron Corporation Model RAAS2.5-300 FEM” PM <sup>2.5</sup> Sequential Ambient Air Sampler, configured with a BGI VSCC TM Very Sharp Cut Cyclone particle size separator and operated with software version 06.0B.00 configured for “Multi 2.5” operation, for 24-hour continuous sample periods at a flow rate of 16.67 liters/minute, in accordance with the Model RAAS2.5-300 FEM Operator's Manual and VSCC TM supplemental manual, and in accordance with the requirements and sample collection filters specified in 40 CFR part 50, appendix L. An application for equivalent method determinations for these methods was received by the EPA on March 24, 2004. The samplers are available commercially from Thermo Electron Corporation, 27 Forge Parkway, Franklin, Massachusetts 02038. A test analyzer or test samplers representative of each of these methods have been tested by the corresponding applicants in accordance with the applicable test procedures specified in 40 CFR part 53 (as amended on July 18, 1997). After reviewing the results of those tests and other information submitted by the applicants, the EPA has determined, in accordance with part 53, that each of these methods should be designated as reference or equivalent methods, as indicated. The information submitted by the applicants will be kept on file, either at the EPA's National Exposure Research Laboratory, Research Triangle Park, North Carolina 27711 or in an approved achieve storage facility, and will be available for inspection (with advance notice) to the extent consistent with 40 CFR part 2 (EPA's regulations implementing the Freedom of Information Act). As a designated reference or equivalent method, each of these methods is acceptable for use by states and other air monitoring agencies under the requirements of 40 CFR part 58, Ambient Air Quality Surveillance. For such purposes, the method must be used in strict accordance with the operation or instruction manual associated with the method and subject to any specifications and limitations ( *e.g.* , measurement range, configuration, or sample period) specified in the applicable designation method description (see the identification of the methods above). Use of the method should also be in general accordance with the guidance and recommendations of applicable sections of the “Quality Assurance Handbook for Air Pollution Measurement Systems, Volume II: Part 1,” EPA/454/R-98/004, and with the Quality Assurance Guidance Document 2.12 (available at *http://www.epa.gov/ttn/amtic/pmqainf.html* ). Vendor modifications of a designated reference or equivalent method used for purposes of part 58 are permitted only with prior approval of the EPA, as provided in part 53. Provisions concerning modification of such methods by users are specified under section 2.8 of appendix C to 40 CFR part 58 (Modifications of Methods by Users). In general, a reference or equivalent method designation applies to any sampler or analyzer which is identical to the sampler or analyzer described in the application for designation. In some cases, similar samplers or analyzers manufactured prior to the designation may be upgraded or converted ( *e.g.* , by minor modification or by substitution of the approved operation or instruction manual) so as to be identical to the designated method and thus achieve designated status. The manufacturer should be consulted to determine the feasibility of such changes. In the particular case of the three new PM <sup>2.5</sup> Class II equivalent methods, a corresponding PM <sup>2.5</sup> (or PM <sup>10</sup> ) reference method sampler configuration may be converted to the equivalent method configuration by replacement of the WINS impactor (or the PM <sup>10</sup> extender tube for the PM <sup>10</sup> version) with the BGI VSCC TM device specified in the equivalent method description. The VSCC TM device should be purchased from the sampler manufacturer, who will also furnish installation, conversion, operation, and maintenance instructions for the VSCC TM as well as a new equivalent method identification label to be installed on the sampler. If the conversion is to be permanent, the original designated reference method label should be removed from the sampler and replaced with the new designated equivalent method label. In a case where a converted sampler may need to be restored later to its original reference method configuration (such as for a specific application requiring a reference method) by re-installation of the WINS impactor (or PM <sup>10</sup> extender tube), the new equivalent method label may be installed on the sampler without removing the original reference method label, such that the sampler bears both labels. (Alternatively, the new label may describe multiple configurations.) In this situation, the sampler shall be clearly and conspicuously marked by the operator to indicate its current configuration ( *i.e.* WINS/PM <sup>2.5</sup> reference method, VSCC TM /PM <sup>2.5</sup> equivalent method, or PM <sup>10</sup> reference method) so that the monitoring method is correctly identified and the correct method code is used when reporting monitoring data obtained with the sampler. Part 53 requires that sellers of designated reference or equivalent method analyzers or samplers comply with certain conditions. These conditions are specified in 40 CFR 53.9 and are summarized below:
(a)A copy of the approved operation or instruction manual must accompany the sampler or analyzer when it is delivered to the ultimate purchaser.
(b)The sampler or analyzer must not generate any unreasonable hazard to operators or to the environment.
(c)The sampler or analyzer must function within the limits of the applicable performance specifications given in 40 CFR parts 50 and 53 for at least one year after delivery when maintained and operated in accordance with the operation or instruction manual.
(d)Any sampler or analyzer offered for sale as part of a reference or equivalent method must bear a label or sticker indicating that it has been designated by the EPA as part of a reference or equivalent method in accordance with part 53 and showing its designated method identification number.
(e)If such an analyzer has two or more selectable ranges, the label or sticker must be placed in close proximity to the range selector and indicate which range or ranges have been included in the reference or equivalent method designation.
(f)An applicant who offers samplers or analyzers for sale as part of a reference or equivalent method is required to maintain a list of ultimate purchasers of such samplers or analyzers and to notify them within 30 days if a reference or equivalent method designation applicable to the method has been canceled or if adjustment of the sampler or analyzer is necessary under 40 CFR 53.11(b) to avoid a cancellation.
(g)An applicant who modifies a sampler or analyzer previously designated as part of a reference or equivalent method is not permitted to sell the sampler or analyzer (as modified) as part of a reference or equivalent method (although it may be sold without such representation), nor to attach a designation label or sticker to the sampler or analyzer (as modified) under the provisions described above, until the applicant has received notice under 40 CFR 53.14(c) that the original designation or a new designation applies to the method as modified, or until the applicant has applied for and received notice under 40 CFR 53.8(b) of a new reference or equivalent method determination for the sampler or analyzer as modified.
(h)An applicant who offers PM <sup>2.5</sup> samplers for sale as part of a reference or equivalent method is required to maintain the manufacturing facility in which the sampler is manufactured as an ISO 9001-certified facility.
(i)An applicant who offers PM <sup>2.5</sup> samplers for sale as part of a reference or equivalent method is required to submit annually a properly completed Product Manufacturing Checklist, as specified in part 53. Aside from occasional breakdowns or malfunctions, consistent or repeated noncompliance with any of these conditions should be reported to: Director, Human Exposure and Atmospheric Sciences Division (MD-E205-01), National Exposure Research Laboratory, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711. Designation of these new reference and equivalent methods is intended to assist the States in establishing and operating their air quality surveillance systems under 40 CFR part 58. Questions concerning the commercial availability or technical aspects of any of these methods should be directed to the appropriate applicant. Jewel F. Morris, Acting Director, National Exposure Research Laboratory. [FR Doc. 04-18028 Filed 8-5-04; 8:45 am]
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