Notices. Notice

5,406 words·~25 min read·/register/2004/12/13/04-27262·

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BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EG05-19-000, et al.] Texas Genco, L.P., et al.; Electric Rate and Corporate Filings November 3, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Texas Genco, LP [Docket No. EG05-19-000] Take notice that on October 28, 2004, Texas Genco, LP (Genco) tendered for filing an application for a determination of exempt wholesale generator status, pursuant to section 32(a)(1) of the Public Utility Holding Company Act of 1935, as amended (PUHCA), 15 U.S.C. 79z-5a(a)(1) (2000), and subchapter T, part 365 of the regulations of the Federal Energy Regulatory Commission 18 CFR part 365 (2004).

Genco states that it is a limited partnership organized and existing under the laws of the State of Texas that will continue to own an interest in an electric generating facility with an aggregate maximum capacity of approximately 2,500 megawatts located in Texas. Genco states that it is and will continue to be engaged directly, or indirectly through one or more affiliates as defined in section 2(a)(11)(B) of PUHCA, and exclusively in the business of owning eligible facilities, and selling electric energy at wholesale. *Comment Date:* 5 p.m. eastern time on November 18, 2004. 2.

TransCanada Hydro Northeast Inc. [Docket No. EG05-20-000] On October 29, 2004, TransCanada Hydro Northeast Inc. (TC Hydro NE), a Delaware corporation with its principal place of business in Westborough, Massachusetts, filed with the Federal Energy Regulatory Commission an application for determination of exempt wholesale generator status pursuant to part 365 of the Commission's regulations. TC Hydro NE states it will operate hydroelectric assets with a total generating capacity of approximately 560 MW located in Massachusetts, New Hampshire and Vermont (the hydro assets).

TC Hydro NE further states that the hydro assets are interconnected to the transmission system of New England Power. *Comment Date:* 5 p.m. eastern time on November 19, 2004. 3. City of Pasadena, California [Docket No. EL05-18-000] Take notice that on October 29, 2004, the City of Pasadena, California (Pasadena) submitted for filing a Petition for Declaratory Order and Request for Waiver of Filing Fee on Behalf of the City of Pasadena, California. Pasadena's Petition requests that the Commission issue an order:

(1)accepting Pasadena's Transmission Revenue Requirement

(TRR)and Transmission Owner

(TO)Tariff submitted with Pasadena's Petition for filing effective as of the later of January 1, 2005 or the effective date of a Transmission Control Agreement acceptable to Pasadena,

(2)approving Pasadena's TRR,

(3)waiving the filing fee for Pasadena's petition, and

(4)granting any other relief or waivers as may be necessary or appropriate for approval or implementation of Pasadena's TRR and TO Tariff. *Comment Date:* 5 p.m. eastern time on November 19, 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. E4-3602 Filed 12-10-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-19-000] Columbia Gas Transmission Corporation; Notice of Intent To Prepare an Environmental Assessment for the Proposed Line A-5 Replacement Project and Request for Comments on Environmental Issues December 6, 2004. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment

(EA)that will discuss the environmental impacts of the Line A-5 Replacement Project involving construction and operation of facilities by Columbia Gas Transmission Corporation (Columbia) in Orange and Rockland Counties, New York. 1 These facilities would consist of about 8.8 miles of 30-inch-diameter pipeline, modifications to three existing measurement and regulation (M&R) stations, and related facilities. This EA will be used by the Commission in its decision-making process to determine whether the project is in the public convenience and necessity. 1 Columbia's application was filed with the Commission under section 7 of the Natural Gas Act and part 157 of the Commission's regulations. If you are a landowner receiving this notice, you may be contacted by a pipeline company representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The pipeline company would seek to negotiate a mutually acceptable agreement. However, if the project is approved by the Commission, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings in accordance with State law. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility on My Land? What Do I Need To Know?” was attached to the project notice Columbia provided to landowners. 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. It is available for viewing on the FERC Internet Web site ( *http://www.ferc.gov* ). Summary of the Proposed Project Columbia wants to replace existing 8- and 16-inch-diameter pipeline on its Line A-5 with 30-inch-diameter pipeline. Columbia presently is conducting a Line A-5 Age and Condition replacement program to replace sections of its aging Line A-5 to ensure safety and continuity of service. Under the Age and Condition program, the 8.8 miles of pipeline normally would be replaced with 10-inch-diameter pipeline. However, Columbia proposes instead to install 30-inch-diameter pipeline in anticipation of increased firm demand for natural gas in the northeast and to avoid re-entering and disturbing sensitive areas along the existing pipeline right-of-way again in the near future to install the larger diameter pipeline. Columbia seeks authority to: • Construct and operate 8.8 miles of 30-inch-diameter pipeline between its existing Tuxedo/Central Hudson M&R Station in Orange County, New York, and its existing Ramapo M&R Station in Rockland County, New York, replacing 8- and 16-inch-diameter pipeline on its Line A-5; • Modify its existing Tuxedo/Central Hudson M&R Station at project milepost

(MP)0.0 in Orange County, New York; • Modify its existing Sloatsburg M&R Station at MP 5.3 in Rockland County, New York; • Modify its existing Ramapo M&R Station at MP 8.8 in Rockland County, New York; and • Abandon in place about 1 mile of Line A-5 where Columbia would install a section of 30-inch-diameter pipeline by horizontal directional drill

(HDD)between MPs 1.87 and 2.12 to cross New York Route 17, the Metro North Railroad, the Ramapo River, and Interstate 87. Orange and Rockland Utilities

(ORU)would relocate about 475 feet of its 4-inch-diameter distribution pipeline that is currently located adjacent to Columbia's Line A-5 east of the Sloatsburg M&R Station. The ORU pipeline would be moved about 15 feet from its present location, but would be installed within the construction right- of-way for the Line A-5 Replacement Project. The location of the project facilities is shown in Appendix 1. Land Requirements for Construction Construction of the proposed facilities would require about 139.8 acres of land. This acreage includes all of the construction workspaces, storage/contractor yards, and access roads. About 38.8 acres of the construction work area would be within the existing Line A-5 right-of-way. Following construction, about 54.3 acres would be maintained for operation of the pipeline. About 4.9 acres would be new permanent right-of-way. The remaining 85.5 acres of land would be restored and allowed to revert to its former use. Typically, pipeline construction would require a 75-foot-wide construction right-of-way. However, in areas with steep terrain and large amounts of rock, an additional 25 feet of temporary workspace would be required. In residential areas and within waterbodies and wetlands, the construction right-of-way width would be restricted to 75 feet. Extra workspaces would be required at road, waterbody, and wetland crossings, and at the entry and exit points of the HDD. Columbia would use about 12.5 acres of land as storage/contractor yards during construction of the project. Nine access roads would be used for the project affecting about 8.3 acres. Most of these are existing roads, however they would require widening for use by construction vehicles. The EA Process The National Environmental Policy Act

(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. NEPA also requires us to discover and address concerns the public may have about proposals. This process is referred to as “scoping”. The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, the Commission staff requests public comments on the scope of the issues to address in the EA. All comments received are considered during the preparation of the EA. State and local government representatives are encouraged to notify their constituents of this proposed action and encourage them to comment on their areas of concern. In the EA we 2 will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings: 2 “We”, “us”, and “our” refer to the environmental staff of the Office of Energy Projects (OEP). • Geology and soils. • Land use. • Water resources, fisheries, and wetlands. • Cultural resources. • Vegetation and wildlife. • Air quality and noise. • Endangered and threatened species. • Hazardous waste. • Public safety. We will also evaluate possible alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas. Our independent analysis of the issues will be in the EA. Depending on the comments received during the scoping process, the EA may be published and mailed to Federal, State, and local agencies, public interest groups, interested individuals, affected landowners, newspapers, libraries, and the Commission(s official service list for this proceeding. A comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission. To ensure your comments are considered, please carefully follow the instructions in the public participation section beginning on page 5. Currently Identified Environmental Issues We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by Columbia. This preliminary list of issues may be changed based on your comments and our analysis. • Eight residences have been identified within 50 feet of the construction right-of-way. • A proposed residential development has been identified between MPs 1.7 and 1.9 of the pipeline. • Seven private water wells would be within 150 feet of the construction right-of-way. • Thirty nine waterbodies would be crossed including 1 ephemeral, 14 intermittent, and 15 perennial waterbodies. • About 3,899 feet of wetlands would be crossed affecting about 3.94 acres of wetlands. • Two trout fisheries would be crossed. • Two federally threatened or endangered species or their habitats may be affected. • Six State threatened or endangered species or their habitats may be affected. • About 55.4 acres of forest would be cleared for construction permanently affecting about 1.6 acres. • Cultural resources may be affected. • Blasting would be required for pipeline construction. • Steep slopes may be a potential hazard during construction. • Pipeline construction would cross public land including the Sterling Forest State Park (MP 0.0 to 0.1 and MP 0.4 to 0.8), Harriman State Park (MP 2.1 to 5.3 and MP 5.4 to 7.9), and Kakiat County Park (MP 7.9 to 8.7). Contractor/Storage yards would be in Harriman State Park (near the intersection of New York Routes 17 and 17A), and in the Samuel Fisher Mount Ivy Environmental County Park along U.S. Route 202. • A total of 14 hiking trails would be crossed in Harriman State Park and Kakiat County Park. • Operation of the HDD would be noisy. • Safety. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EA and considered by the Commission. You should focus on the potential environmental effects of the proposal, alternatives to the proposal (including alternative routes), and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. 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 letter to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426. • Label one copy of the comments for the attention of Gas Branch 2. • Reference Docket No. CP05-19-000 • Mail your comments so that they will be received in Washington, DC on or before January 5, 2005. 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 this project. However, the Commission strongly encourages electronic filing of any comments or interventions or protests 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 on-line. If you do not want to send comments at this time but still want to remain on our mailing list, please return the Information Request (Appendix 4). If you do not return the Information Request, you will be taken off the mailing list. Becoming an Intervenor In addition to involvement in the EA scoping process, you may want to become an official party to the proceeding known as an “intervenor”. Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. Likewise, each intervenor must send one electronic copy (using the Commission's eFiling system) or 14 paper copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214) (see Appendix 2). 3 Only intervenors have the right to seek rehearing of the Commission's decision. 3 Interventions may also be filed electronically via the Internet in lieu of paper. *See* the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered. Environmental Mailing List An effort is being made to send this notice to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project. This includes all landowners who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within distances defined in the Commission's regulations of certain aboveground facilities. By this notice we are also asking governmental agencies, especially those in Appendix 3, to express their interest in becoming cooperating agencies for the preparation of the EA. Additional Information 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 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 *www.ferc.gov/esubscribenow.htm.* Finally, public meetings or site visits will be posted on the Commission's calendar located at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. Magalie R. Salas, Secretary. [FR Doc. E4-3601 Filed 12-10-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OPA-2004-0010, FRL-7847-5] Agency Information Collection Activities: Proposed Collection; Comment Request; Renewal of Information Collection Request

(ICR)for the Oil Pollution Prevention Regulation for Certain Facilities to Prepare and Maintain an Oil Spill Prevention, Control and Countermeasure

(SPCC)Plan, EPA ICR #0328.11, OMB Control Number 2050-0021 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 approved collection. This ICR is scheduled to expire on August 31, 2005. 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 February 11, 2005. ADDRESSES: Submit your comments, referencing docket ID number OPA-2004-0010, to EPA online using EDOCKET (our preferred method), by e-mail to *superfund.docket@epa.gov,* or by mail to: EPA Docket Center, Environmental Protection Agency, 1301 Constitution Ave., NW., EPA West, Suite B-102, Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: Hugo Paul Fleischman, EPA Oil Program, Mail Code 5203G, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 703-603-8769; fax number: 703-603-9116; email address: *fleischman.hugo@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has established a public docket for this ICR under Docket ID number OPA-2004-0010, which is available for public viewing at the Superfund Docket 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 Superfund Docket is

(202)566-0276. 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. Any comments related to this ICR should be submitted to EPA within 60 days of this notice. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (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:* The industries that are likely to be covered by the SPCC regulation fall into many North American Industrial Classification System (NAICS) categories, including those associated with petroleum and non-petroleum oil production, processing (refining), distribution, and consumption. The specific private industry sectors subject to this action include, but are not limited to:

(1)Crop and Animal Production (NAICS 111-112):

(2)Crude Petroleum and Natural Gas Extraction (NAICS 211111);

(3)Coal Mining, Non-Metallic Mineral Mining and Quarrying (NAICS 2121/2123/213114/213116);

(4)Electric Power Generation, Transmission, and Distribution (NAICS 2211);

(5)Heavy Construction (NAICS 234);

(6)Petroleum and Coal Products Manufacturing (NAICS 324);

(7)Other Manufacturing (NAICS 31-33);

(8)Petroleum Bulk Stations and Terminals (NAICS 42271);

(9)Gasoline Stations/Automotive Rental and Leasing (NAICS 4471/5321);

(10)Heating Oil Dealers (NAICS 454311);

(11)Transportation (including Pipelines), Warehousing, and Marinas (NAICS 482-486/488112-48819/ 4883/48849/492-493/71393);

(12)Elementary and Secondary Schools, Colleges (NAICS 6111-6113);

(13)Hospitals/Nursing and Residential Care Facilities (NAICS 622-623). *Title:* Renewal of Information Collection Request

(ICR)for the Oil Pollution Prevention regulation (40 CFR part 112) for certain facilities to prepare and maintain an Oil Spill Prevention, Control, and Countermeasure

(SPCC)Plan *Abstract:* The Oil Pollution Prevention regulation, found at 40 CFR part 112, outlines requirements for both prevention of and response to oil spills. The prevention aspect of this regulation is also known as the SPCC regulation. It was originally promulgated on December 11, 1973, at 38 FR 34164, under the authority of section 311(j)(1)(C) of the CWA. The regulation established spill prevention procedures, methods, and equipment requirements for non-transportation-related onshore and offshore facilities with aboveground oil storage capacity greater than 1,320 gallons (or greater than 660 gallons in a single tank), or buried underground oil storage capacity greater than 42,000 gallons. Regulated facilities are also limited to those that, because of their location, could reasonably be expected to discharge oil into the navigable waters of the United States or adjoining shorelines. On July 17, 2002, at 67 FR 47042, EPA published final amendments to the SPCC rule. The final rule included new subparts outlining the requirements for different classes of oil; revised the applicability of the regulation; amended the requirements for completing SPCC Plans; and made other modifications. The final rule also contained a number of provisions designed to decrease regulatory burden on facility owners and operators subject to the rule, while preserving environmental protection. The rule was effective August 16, 2002. The rule included compliance dates in § 112.3(a) and (b); however, the original compliance dates were extended for eighteen months on April 7, 2003 (68 FR 18890). On August 11, 2004, EPA extended by an additional eighteen months the compliance dates in § 112.3(a) and (b), and amended the compliance deadline in § 112.3(c) (69 FR 48794). The Oil Pollution Prevention regulation requires that an SPCC Plan be prepared in accordance with good engineering practices and be approved by a person with the authority to commit the resources necessary to implement the SPCC Plan. SPCC Plans address the following three areas:

(1)Operating procedures that prevent oil spills;

(2)Control measures installed to prevent a spill from reaching navigable waters; and

(3)Countermeasures to contain, clean up, and mitigate the effects of an oil discharge that could reach navigable waters. Each SPCC Plan, while unique to the facility it covers, must include certain standard elements to ensure compliance with the regulations. The primary data collection activities required by the Oil Pollution Prevention regulation are the preparation and maintenance of the SPCC Plan along with preparing records of inspections and tests. In preparing a Plan, the owner or operator of a new facility must prepare and implement an SPCC Plan in accordance with the guidelines set forth in 40 CFR part 112 before beginning facility operations. Section 112.3 requires the owner or operator to maintain a copy of the SPCC Plan at the facility, if the facility is normally attended for at least four hours per day or, if not, at the nearest field office. In the event of certain discharges of oil into navigable waters, a facility owner or operator must submit information described in § 112.4(a) to the Regional Administrator within 60 days. Additionally, the facility owner or operator must amend his Plan in accordance with § 112.7 whenever there is a change in the facility's design, construction, operation, and maintenance that materially affects the facility's potential to discharge oil into navigable waters. EPA does not collect SPCC Plans or related records from facilities on a routine basis. Preparation, implementation, and maintenance of the SPCC Plan by the facility helps prevent oil discharges and mitigate the environmental damage caused by such discharges. Therefore, the primary user of the data is the facility itself. For example: • Accumulating the necessary data requires that the facility staff analyze the strengths and weaknesses of the facility for preventing oil discharges, facilitating safety awareness, and promoting appropriate modifications to facility design and operations; • Having the required information in a single document promotes efficient response in the event of a discharge; • Implementing the Plan according to the specifications of 40 CFR part 112 requires meeting certain design and operational standards that reduce the likelihood of an oil discharge; • Keeping inspection records promotes important maintenance, facilitates leak detection, and demonstrates compliance with the SPCC requirements; and • Reviewing the Plan periodically ensures the implementation of more effective spill prevention control technology. Although the facility is the primary user of the data, EPA uses the data in certain situations. EPA's primary use of the data contained in an SPCC Plan is to ensure that a facility is in full compliance with all elements of the SPCC regulation, including design and operation specifications and inspection requirements. EPA reviews SPCC Plans as part of EPA's inspection program and when information is submitted because of an oil discharge. A Regional Administrator may require a facility owner or operator to amend the SPCC Plan if he finds that the facility has not met the requirements of the regulation or that Plan amendment is necessary to prevent and contain discharges of oil. If a facility does not amend its SPCC Plan, it may face civil penalties under the Clean Water Act. State and local governments are also users of the data. The information provided in SPCC Plans ( *e.g.* , facility configuration, capabilities, and potential risks) is not necessarily available elsewhere and can greatly assist local emergency preparedness planning efforts. The Plan should be compatible and coordinated with local emergency plans, including those developed under Title III of the Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99-499). Coordination with state governments is facilitated by the provision in § 112.4(c) requiring that, after certain discharges, information on the discharge be sent to the relevant state agencies. The flexibility with respect to formatting proposed in this rule promotes greater coordination with State planning efforts because the use of plans prepared pursuant to state regulations is encouraged. EPA is currently involved in an effort to estimate the universe of facilities regulated by the SPCC rule. The purpose of this effort is to include the full range of industries and number of affected facilities impacted by this rule. Given that the information used in this ICR is based on analysis and data collected between 1990 and 1996, we believe more current data will more accurately reflect today's situation and give EPA and the universe of regulated facilities a truer picture of the impact of the regulation. None of the information to be gathered for this collection is believed to be confidential. 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. The EPA would like to solicit 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:* An estimated 427,211 existing facilities and 4,372 new facilities are subject to the SPCC regulations in the first year of this ICR period. The breakdown by facility size is estimated to be 355,550 small facilities, 64,283 medium facilities, and 11,750 large facilities subject to the information collection activities. A 1 percent annual growth rate is assumed to continue for the duration of this ICR. The total hour burden to the entire regulated community over the three-year period covered by the renewal ICR is approximately 5,196,061 hours, or 1,732,020 hours annually. The net annual public reporting and recordkeeping burden for this collection of information, for newly regulated facilities is estimated to range from 35.1 to 65.2 hours per facility, with an average burden of approximately 38.0 hours, including time for reviewing instructions and gathering the data needed. The net annual public reporting and recordkeeping burden for facilities already regulated by the Oil Pollution Prevention regulation is estimated to range from 3.5 to 7.35 hours. These average annual burden estimates take into account the varied frequencies of response for individual facilities according to characteristics specific to those facilities, including frequency of oil discharges and facility modifications. For the typical existing small, medium, and large facility, the estimated total annual baseline costs for all information collection activities required by the SPCC regulation are $200, $199, and $345 per facility, respectively. For typical new small, medium, and large facility, the total annual baseline costs for all information collection activities required by the Oil Pollution Prevention regulation are estimated to be $2,695, $2,744, and $3,354 per facility, respectively. Estimated annual costs for new facilities are higher than for existing facilities because of the greater expense associated with initially preparing the Plan. Starting in the third year of this ICR, the net annualized capital and start-up costs for all facilities average $0.3 million, and net annualized labor and O&M costs are $74.5 million and $26.3 million, respectively. 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. 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. Dated: November 29, 2004. Dana S. Tulis, Deputy Director, Office of Emergency Management. [FR Doc. 04-27262 Filed 12-10-04; 8:45 am]

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