Notices. Notice

5,592 words·~25 min read·/register/2004/10/05/04-22361·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP04-413-000, CP04-414-000, and CP04-415-000] Entrega Gas Pipeline Inc.; Notice of Application September 28, 2004. Take notice that on September 17, 2004, Entrega Gas Pipeline, Inc. (Entrega); 950 17th Street, Suite 2600, Denver, Colorado, 80202, filed an application pursuant to section 7(c) of the Natural Gas Act

(NGA)and parts 157 and 284 of the Commission's regulations, for:

(i)A certificate of public convenience and necessity authorizing the construction, ownership, and operation of new interstate natural gas pipeline facilities;

(ii)a blanket certificate of public convenience and necessity authorizing Entrega to provide open-access transportation services, with pre-granted abandonment approval; and

(iii)a blanket certificate of public convenience and necessity to construct, operate, and/or abandon certain eligible facilities, and services related thereto. Entrega is also requesting authorization for its proposed recourse rates for transportation service and approval of its Pro Forma Tariff. This 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, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at

(866)208-3676, or for TTY, contact

(202)502-8659. Specifically, Entrega proposes to construct and operate 327 miles of 36-inch diameter and 42-inch diameter pipeline from the Meeker Hub in Rio Blanco County, Colorado and extending through Moffat County, Colorado and Sweetwater, Carbon, Albany, and Laramie Counties in Wyoming, and terminating at the Cheyenne Hub in Weld County, Colorado. Entrega also proposes to construct compressor stations at three locations in Moffat County, Colorado (24,000 horsepower), Sweetwater County, Wyoming (15,500 horsepower), and Carbon County, Wyoming (15,500 horsepower). In addition, Entrega proposes to construct 7 receipt/delivery points along the pipeline. Entrega estimates that the proposed facilities will cost $644,025,000. Entrega states that the pipeline will be able to transport up to 1,500,000 Dth per day of natural gas. Any questions about this application should be directed to Larry Drader, President, Entrega Gas Pipeline, Inc., 950 17th Suite 2600, Denver, Colorado, at

(303)389-5069 or fax

(720)956-3610; or to Keith M. Sappenfield, II, Regulatory Lead, Entrega Gas Pipeline, Inc., 1616 South Voss Road, Suite 750, Houston, Texas 77057, at

(832)204-1247 or fax

(713)952-3617. On March 19, 2004 the Commission staff granted Entrega's request to utilize the National Environmental Policy Act

(NEPA)Pre-Filing Process and assigned Docket No. PF04-7-000 to staff activities involving Entrega. Now, as of the filing of Entrega's application on September 17, 2004, the NEPA Pre-Filing Process for Entrega's project is closed. From this time forward, Entrega's proceeding will be conducted in Docket Nos. CP04-413-000, *et. al.* There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date listed below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of this filing and all subsequent filings made with the Commission and must mail a copy of all filing to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, other persons do not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to this project provide copies of their protests only to the party or parties directly involved in the protest. Persons may also wish to comment further only on the environmental review of this project. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of environmental documents issued by the Commission, and will be notified of meetings associated with the Commission's environmental review process. Those persons, organizations, and agencies who submitted comments during the NEPA Pre-Filing Process in Docket No. PF04-7-000 are already on the Commission staff's environmental mailing list for the proceeding in the above dockets and may file additional comments on or before the below listed comment date. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, environmental commenters are also not parties to the proceeding and will not receive copies of all documents filed by other parties or non-environmental documents issued by the Commission. Further, they will not have the right to seek court review of any final order by Commission in this proceeding. The Commission strongly encourages electronic filings of comments, protests, and interventions via the Internet in lieu of paper. *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. *Comment Date:* October 19, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-2483 Filed 10-4-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-420-000] Trunkline Gas Company, LLC; Notice of Application September 28, 2004. Take notice that on September 24, 2004, Trunkline Gas Company, LLC, P.O. Box 4967, Houston, Texas 77210-4967, filed in Docket No. CP04-420-000 an application pursuant to section 7(b) and 7(c) of the Natural Gas Act

(NGA)and the Commission's Regulations, for authorization to abandon a 6350 horsepower

(hp)compressor installed in 1954 and replace it with a new 1675 hp compressor at its existing Edna Compressor Station located in Jackson County, Texas, all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing may be also viewed on the Web 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, please contact FERCOnline Support at *FERCOnlineSupport@ferc.gov* or toll free at

(866)208-3676, or TTY, contact

(202)502-8659. Any questions regarding this application should be directed to William W. Grygar, Vice President, Rates and Regulatory Affairs at

(713)989-7000, Trunkline Gas Company, LLC, 5444 Westheimer Road, Houston, Texas 77056. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments, protests and interventions via the Internet in lieu of paper. *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. *Comment Date:* October 19, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-2481 Filed 10-4-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-137-000] Cabazon Wind Partners, LLC, Complainants v. Southern California Edison Company, Respondents; Notice of Complaint September 28, 2004. Take notice that on September 27, 2004, Cabazon Wind Partners, LLC (Cabazon) filed a formal complaint against Southern California Edison Company

(SCE)pursuant to section 206 of the Federal Power Act. Cabazon states that the complaint alleges that

(1)the failure of the Interconnection Facilities Agreement

(IFA)between Cabazon and Edison to provide Cabazon credit for its upfront payments for network upgrades, misclassified as distribution facilities, causes Southern California Edison's transmission rates to be unjust and unreasonable; and

(2)the IFA is unjust and unreasonable separately because it requires Cabazon to pay a tax gross-up associated with the misclassified network upgrades. Cabazon states that copies of the complaint were served on the contacts for

(SCE)as listed on the Commission's list of Corporate Officials. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. eastern time on October 18, 2004. Linda Mitry, Acting Secretary. [FR Doc. E4-2485 Filed 10-4-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-160-000, et al.] LG&E Roanoke Valley, L.P., et al.; Electric Rate and Corporate Filings September 27, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. LG&E Roanoke Valley L.P., Westmoreland-Roanoke Valley, L.P., Westmoreland-LG&E Partners [Docket Nos. EC04-160-000 and ER93-734-001] Take notice that on September 21, 2004, LG&E Roanoke Valley L.P.

(LRV)and Westmoreland-Roanoke Valley, L.P. (WVR, together with LRV, Applicants) on behalf of themselves and on behalf of Westmoreland-LG&E Partners (Partnership) submitted an application pursuant to section 203 of the Federal Power Act for authorization of disposition of jurisdictional facilities whereby an affiliate of WVR will purchase LVR's 50 percent general partnership interest in the Partnership. The Partnership filed a notice of change in status. Partnership states that it owns the remaining 50 percent general partnership interest in the Partnership. Partnership also states that it owns two pulverized coal-fired cogeneration facilities with a combined generating capacity of approximately 210 MW in Weldon Township, near Roanoke Valley, North Carolina. *Comment Date:* 5 p.m. eastern time on October 12, 2004. 2. Union Electric Company d/b/a AmerenUE [Docket No. EC04-161-000] Take notice that on September 22, 2004, Union Electric Company d/b/a AmerenUE (AmerenUE) filed with the Commission an application pursuant to section 203 of the Federal Power Act for authorization and approval of the sale of certain portions of its electric transmission facilities and related equipment to Citizens Electric Cooperative. AmerenUE states that it is a combination electric and gas public utility subject to the jurisdiction of the Commission. AmerenUE also states that it provides electric service within parts of the states of Missouri and Illinois and is subject to the jurisdictions of the utility regulatory commissions in both states. AmerenUE further states that it is a subsidiary of Ameren Corporation, a registered public utility holding company under the Public Utility Holding Company Act of 1935, as amended (PUHCA). *Comment Date:* 5 p.m. eastern time on October 13, 2004. 3. Entergy Corporation, et al. [Docket No. EC04-162-000] Take notice that on September 23, 2004, Entergy Corporation, (Entergy) on behalf of itself, Entergy Asset Management, Inc. (EAM), Entergy Power Generation Corporation, Entergy Power Gas Operations Corporation, Entergy Power Development Corporation, EP Edegel, Inc., Entergy UK Enterprises Limited, Entergy Global Investments, Inc., Entergy International Holdings Ltd LLC, EK Holding I, LLC and Entergy Power International Holdings Corporation (collectively, the Applicants) submitted an application requesting all necessary authorizations under section 203 of the Federal Power Act for the Applicants to engage in a corporate reorganization that will alter the upstream ownership of certain facilities subject to the Commission's jurisdiction and for a third-party investor to acquire indirect interests in jurisdictional facilities through acquisition of interests in EAM. Entergy states that copies of this filing have been served on the Arkansas Public Service Commission, the Louisiana Public Service Commission, the City Council of New Orleans, the Mississippi Public Service Commission, and the Texas Public Utility Commission. *Comment Date:* 5 p.m. eastern time on October 14, 2004. 4. Entergy Services, Inc. [Docket Nos. ER04-699-000 and ER03-1272-002] Take notice that on September 23, 2004, Entergy Services, Inc. (Entergy), on behalf of Entergy Arkansas, Inc., Entergy Gulf States, Inc., Entergy Louisiana, Inc., Entergy Mississippi, Inc., and Entergy New Orleans, Inc., filed a response to the Post Technical Conference Data Request issued on August 17, 2004 in the above-captioned proceedings. *Comment Date:* 5 p.m. eastern time on October 14, 2004. 5. Dynegy Power Marketing, Inc. [Docket No. ER04-1223-001] Take notice that on September 22, 2004, Dynegy Power Marketing, Inc. (Dynegy) pursuant to section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d, and part 35 of the Commission's regulations, 18 CFR part 35, submitted for filing amended rate schedules implementing provisions for sales of market-based ancillary services (Market-Based Ancillary Services Tariff). Dynegy states that this amended Rate Schedule was originally submitted September 10, 2004, in compliance with the Commission's order issued July 29, 2004, in *Ameren Corporation* , 108 FERC ¶ 61,094. Dynegy submitted for filing revisions to its tariff implementing the Market Behavior Rules, *Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations,* 105 FERC ¶ 61,218

(2003)(Market Behavior Rules Tariff). Dynegy also states that this filing does not reflect further substantive changes, but is ministerial in nature, reflecting both the requested tariff change and a subsequently filed tariff change. Dynegy requests an effective date of January 1, 2005, for the Market-Based Ancillary Services Tariffs, and December 17, 2003, for the Market Behavior Rules Tariffs. *Comment Date:* 5 p.m. eastern time on October 13, 2004. 6. Florida Power & Light Company [Docket No. ER04-1237-000] Take notice that on September 23, 2004, Florida Power & Light Company

(FPL)submitted a Macedonia Temporary Tap Connection Agreement between Florida Power & Light Company and Georgia Transmission Corporation designated as FPL Rate Schedule No. 302. FPL states that the Macedonia Temporary Tap Connection Agreement provides Georgia Transmission Corporation with an alternative temporary connection capability, which will permit Georgia Transmission Corporation time to plan and construct additional facilities to enable it to directly serve two distribution substations, Macedonia and St. George, in the event that the current radial connection is out of service for any reason. FPL further states that the Agreement provides a temporary connection at the Macedonia substation on an as-needed and as-available basis until Georgia Transmission Corporation plans and constructs permanent facilities. FPL states that copies of the filing were served upon the Georgia Transmission Corporation. *Comment Date:* 5 p.m. eastern time on October 14, 2004. Standard Paragraph Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all parties to this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-2484 Filed 10-4-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2586-024] Alabama Electric Cooperative, Inc.; Application and Applicant-Prepared EA Accepted for Filing, Soliciting Motions To Intervene and Protests, and Soliciting Comments, and Final Recommendations, Terms and Conditions, and Prescriptions September 28, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. *a. Type of Application:* New major license. *b. Project No.:* 2586-024. *c. Date Filed:* April 29, 2003. *d. Applicant:* Alabama Electric Cooperative, Inc. *e. Name of Project:* Conecuh River Project. *f. Location:* The Conecuh River Project is located on the Conecuh River in Andalusia, AL. The project does not affect Federal lands. *g. Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). *h. Applicant Contact:* Scott Wright (Engineering contact) or Mike Noel (Environmental contact), Alabama Electric Cooperative, Inc., 2027 East Three Notch Street, P.O. Box 550, Andalusia, AL 36420-0550. *i. FERC Contact:* Sean Murphy at

(202)502-6145 or sean.murphy@ferc.gov. *j. Deadline for filing motions to intervene and protests, comments, and final recommendations, terms and conditions, and prescriptions:* 60 days from the issuance of this notice 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. Comments, recommendations, terms and conditions, and prescriptions 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. *k. This application and environmental assessment has been accepted, and is ready for environmental analysis at this time.* *l. The 8.25-megawatt

(MW)project consists of two developments the Gant Dam Development and the Point A Development* The Point “A” Development consists of the following existing facilities:

(1)A 2,800-foot-long earthen dam comprised of a gated concrete spillway section;

(2)a 700-acre reservoir at a normal water surface elevation of 170 feet msl;

(3)a powerhouse, integral with the dam, containing three generating units with a total installed capacity of 5,200 kW,

(4)a 0.39-mile-long, 46-kV transmission line; and

(5)other appurtenances. The Gantt Development consists of the following existing facilities:

(1)A 1,562-foot-long earthen dam comprised of a gated concrete spillway section;

(2)a 2,767-acre reservoir at a normal water surface elevation of 198 feet msl;

(3)a powerhouse, integral with the dam, containing two generating units with a total installed capacity of 3,050 kW, and

(4)other appurtenances. m. 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. All filings must

(1)bear in all capital letters the title “COMMENTS”, “REPLY COMMENTS”, “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;”

(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;

(3)furnish the name, address, and telephone number of the person submitting the filing; and

(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. 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. *n. The tentative schedule for processing the application follows:* Milestone Date Deadline for Agency Recommendations November 1, 2004 Deadline for Reply Comments December 1, 2004 Issuance of EA January 2005 Public Comments on EA due February 2005 Ready for Commission Decision on the Application March 2005 Final amendments to the application must be filed with the Commission no later than 45 days from the issuance date of this notice. Magalie R. Salas, Secretary. [FR Doc. E4-2482 Filed 10-4-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-276-000] Southern Star Central Gas Pipeline, Inc.; Notice of Informal Settlement Conference September 28, 2004. Take notice that an informal settlement conference will be convened in this proceeding commencing at 10 a.m. (e.s.t.) on Wednesday, October 6, 2004, at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, for the purpose of exploring the possible settlement of the above-referenced docket. Any party, as defined by 18 CFR 385.102(c), or any participant as defined by 18 CFR 385.102(b), is invited to attend. Persons wishing to become a party must move to intervene and receive intervenor status pursuant to the Commission's regulations (18 CFR 385.214). For additional information, please contact Bob Keegan at

(202)502-8158, *James.Keegan@ferc.gov.* Magalie R. Salas, Secretary. [FR Doc. E4-2480 Filed 10-4-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OEI-2004-0004, FRL-7823-4] Agency Information Collection Activities: Proposed Collection; Comment Request; Information Collection Request Update for the 40 CFR Part 64 Compliance Assurance Monitoring Program, EPA ICR Number 1663.03, OMB Control Number 2060-0376 AGENCY: Environmental Protection Agency. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a continuing Information Collection Request

(ICR)to the Office of Management and Budget (OMB). This is a request to renew an existing collection. This ICR is scheduled to expire on November 30, 2004. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before December 6, 2004. ADDRESSES: Submit your comments, referencing docket ID number OEI-2004-0004, to EPA online using EDOCKET (our preferred method), by e-mail: *A-and-R-Docket@epamail.epa.gov,* or by mail to: U.S. Environmental Protection Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket and Information Center, MC 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, *A-and-R-Docket@epamail.epa.gov.* FOR FURTHER INFORMATION CONTACT: Peter R. Westlin, Environmental Protection Agency, Office of Air Quality Planning and Standards (mail code D243-02), Research Triangle Park, North Carolina 27711; telephone number:

(919)541-1058; fax number:

(919)541-1039; e-mail address: *westlin.peter@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has established a public docket for this ICR under Docket ID number OEI-2004-0004, which is available for public viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center (EPA/DC), 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 Reading Room is

(202)566-1744, and the telephone number for the Air and Radiation Docket and Information Center is

(202)566-1742. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at *http://www.epa.gov/edocket.* Use EDOCKET to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the 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 docket ID number identified above. You should submit any comments related to this ICR to EPA within 60 days of this notice. EPA's policy is the Agency will make available public comments, whether submitted electronically or in paper, for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's **Federal Register** notice describing the electronic docket at 67 FR 38102 (May 31, 2002), or go to *http://www.epa.gov./edocket.* *Affected entities:* Entities potentially affected by this action are owners and operators of major sources as defined by any title of the Clean Air Act and required to apply for and obtain an operating permit under title V of the Clean Air Act as amended by the Clean Air Act Amendments of 1990 (the Act). *Title:* Information Collection Request Update for the 40 CFR Part 64 Compliance Assurance Monitoring Program, OMB control number 2060-0376, ICR number 1663.02, expiring November 30, 2004. *Abstract:* The Act contains several provisions directing us to require source owners to conduct monitoring to support certification as to their status of compliance with applicable requirements. These provisions are set forth title V (operating permits provisions) and title VII (enforcement provisions) of the Act. Title V directs us to implement monitoring and certification requirements through the operating permits program. Section 504(b) of the Act allows us to prescribe by rule methods and procedures for determining compliance recognizing that continuous emissions monitoring systems need not be required if other procedures or methods provide sufficiently reliable and timely information for determining compliance. Under section 504(c), each operating permit must “set forth inspection, entry, monitoring, compliance, certification, and reporting requirements to assure compliance with the permit terms and conditions.” Section 114(a)(3) requires us to promulgate rules for enhanced monitoring and compliance certifications. Section 114(a)(1) of the Act provides additional authority concerning monitoring, reporting, and record keeping requirements. This section provides the Administrator with the authority to require any owner or operator of a source to install and operate monitoring systems and to record the resulting monitoring data. We promulgated the Compliance Assurance Monitoring rule, part 64, on October 22, 1997 (62 FR 54900) to implement these authorities. In accordance with these provisions, the monitoring information source owners must submit must also be available to the public, except as entitled top protection from disclosure as allowed in section 114(c) of the Act. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. We are soliciting comments to:

(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

(ii)Evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(iii)Enhance the quality, utility, and clarity of the information to be collected; and

(iv)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Burden Statement:* Based on the Agency's knowledge of the number of title V permits issued since 1997 and the implementation of part 64 through permit renewals, the expected impact of the 40 CFR part 64 Compliance Assurance Monitoring

(CAM)Program for the 3 years from October 1, 2004 until September 30, 2007 is 52,000 hours. The CAM rule will incur an average annual cost of $2.5 million in 2004 dollars. This includes an annualized capital and operation and maintenance cost of $70,000. The CAM program burden for source owners or operators means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide monitoring information to or for a Federal Agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. We have also included annualized capital and operational and maintenance costs for monitoring programs in the cost burden calculation. The CAM program over the years 2004 through 2007 potentially affects 240 large pollutant-specific emissions units plus 2440 other pollutant-specific emissions units nationwide. The annual burden for source owners or operators is 5,550 hours for large pollutant-specific emissions units and 46,650 hours for other pollutant-specific emissions units. During the period, permitting authorities will review CAM submittals from source owners or operators whose permits have already been issued and are renewing those permits as the 5-year permit terms expire. Permitting authorities will also be interacting with the source owners or operators in addressing the CAM in semi-annual monitoring reports and reporting CAM data as necessary. We estimate the annual CAM burden to permitting authorities to be 21,500 hours and about $1.5 million. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. Dated: September 22, 2004. William Lamason, Acting Director, Emissions Monitoring and Analysis Division. [FR Doc. 04-22361 Filed 10-4-04; 8:45 am]

Connectionstraces to 9

Traces to 9 documents

CFR